Selling a House With an Open Permit or Unpermitted Work in Florida

An open permit or unpermitted work is a seller issue that can come up in Central Florida homes, including in Orange, Seminole, and Brevard counties, often from work a prior owner completed years earlier. This guide explains the distinction, why it can surface in a sale, and why the exact resolution process depends on the local building department.

Building permits are required, and enforcement is local

Under Florida Statute 553.79, it is unlawful to construct, erect, alter, modify, repair, or demolish a building in Florida without first obtaining a permit from the appropriate enforcing agency. Under Florida Statute 553.80, that enforcement is carried out by local governments and local enforcement agencies, operating under the statewide Florida Building Code. This local-enforcement structure is the reason permitting requirements, timelines, and how a specific issue gets resolved are not identical from one Florida county or city to the next.

Open permit versus unpermitted work: two different problems

These are related but distinct issues. An open permit means a permit was actually pulled for the work, but the required inspections were never completed and the permit was never formally closed out, so it still shows as active or incomplete in county or municipal records, sometimes long after the work itself was finished. Unpermitted work means the work was done without ever obtaining a permit at all. Both can surface the same way, through a county records check or a buyer's due diligence during a sale, and both generally need to be addressed, though the specific path to resolving each can differ.

How this typically surfaces during a sale

A title search, a buyer's lender, or a routine county records check can all surface an open permit or unpermitted work, sometimes work that was completed by a previous owner with no records passed along to the current one. This is especially common with additions, enclosed patios or garages, electrical or plumbing changes, and other renovations on older homes. Because the seller may genuinely not know the permit history of work done before they owned the property, discovering this during a transaction, rather than before listing, is one of the more disruptive ways a closing timeline can slip. If unpermitted work has already resulted in a fine or a recorded lien through the county's code enforcement process, that's a separate issue with its own legal framework under Chapter 162 of the Florida Statutes. See our guide on selling a house with code violations in Florida for how that specific process works.

Why there's no single statewide process

Florida Statute 553.80 places enforcement of the Florida Building Code with local governments and enforcement agencies, not a single statewide authority applying identical rules everywhere. In practice, this means what's required to close out an open permit, or how a specific building department handles unpermitted work discovered years later, genuinely varies by county and city, sometimes significantly. Some situations resolve with a straightforward inspection; others require bringing the work up to current code, additional documentation, or engineering review. There is no accurate way to describe a single process that applies the same way everywhere in Florida, which is why the local building department for the specific property is the necessary first call, not a general article like this one.

Where a sale fits

An open permit or unpermitted work does not automatically prevent a sale, but it needs to be disclosed, and it can affect a financed buyer's ability to close, since some lenders require permit issues to be resolved before funding. A cash, as-is sale can remove the pressure to resolve the permit issue before finding a buyer willing to purchase as-is, but it does not make the underlying permit history disappear or substitute for confirming the actual status and requirements with the local building department. That confirmation is the only reliable way to know what a specific property actually needs.

Frequently asked questions

What does it mean for a permit to be "open" in Florida?

An open permit generally means a building permit was issued for work on the property, but the required inspections were never completed and the permit was never officially closed out. Under Florida law (F.S. 553.79), a permit is required before most construction, alteration, or repair work, and the local enforcing agency oversees inspections and closeout. An open permit shows up in county or municipal permit records even if the work itself was finished years ago.

What counts as unpermitted work?

Unpermitted work is construction, alteration, or repair work that was done without ever obtaining the required permit in the first place, as opposed to an open permit, where a permit was pulled but never closed out. Common examples include additions, enclosed patios or garages, electrical or plumbing changes, and structural modifications completed without going through the local building department at all.

Is the process for resolving an open or unpermitted permit the same in every Florida county?

No. Under Florida law (F.S. 553.80), building code enforcement is carried out by local governments and local enforcement agencies, not applied identically statewide. What's required to close out an open permit, and how a specific local building department handles unpermitted work discovered after the fact, varies by county and city. The only reliable way to know the process for a specific property is to contact that local building department directly.

Can I sell a house in Florida with an open permit or unpermitted work?

Generally yes, but it needs to be disclosed, and it can affect financing and the buyer's due diligence. A county records check or a buyer's inspection can surface an open permit or unpermitted work, and depending on the local building department and the scope of the work, resolving it can range from a straightforward inspection to requiring the work be brought up to code or, in some cases, removed. Checking with the local building department before listing is the most reliable way to know what a specific situation actually involves.

Discovered an open permit or unpermitted work and considering your options? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Seminole County, and Brevard County. This article is general information, not legal or engineering advice. The local building department, a title company, or a Florida real estate attorney or licensed contractor are the right resources for confirming the exact permit status and requirements on your specific property.