Open Permits When Selling a House in Florida

An open permit is a building permit that was pulled for work on the house and never closed out with a final inspection. An expired permit is one that ran out before that happened. Both stay attached to the property, and both tend to surface once a house is under contract, when the closing date is already set.

Florida law gives the owner a clear way out. It helps to know the four rules that matter.

Any owner can close the permit

Florida Statute 553.79(16)(a) says a property owner, “regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit.” The contractor who pulled it may have retired, moved away or gone out of business. It does not matter. The current owner can hire the original contractor or a different Florida licensed contractor to finish it.

The new contractor is not liable for defects in the original contractor’s work, only for the work they perform. That is what lets a licensed contractor step into somebody else’s permit.

“Close” means the requirements of the permit have been satisfied. In practice that is the remaining inspections, any corrections the inspector asks for, and the paperwork the building department needs.

An expired permit can often be closed without starting over

If the work is substantially complete, as the building department determines, 553.79(16)(b) lets the permit be closed without pulling a new one. The work to close it is judged under the building code that was in effect when the department received the original application.

Single-family permits now expire after a year

Since July 1, 2026, a permit for a single-family home expires 1 year after it is issued, or when the next edition of the Florida Building Code takes effect, whichever is later. The local government can extend it. The building department may send the owner and the contractor a notice at least 30 days before a permit expires, but the statute does not require it. Do not count on a reminder.

What the law does for the buyer

Under 553.79(17)(a), a building department may not deny a permit to, fine or cite an arm’s-length buyer solely because a previous owner’s permit was never closed. The department keeps its rights against the property owner and the contractor listed on the permit.

The open permit is still there after the sale. Closing it before the closing date keeps it out of the negotiation.

Florida sellers also have a duty to disclose known facts that materially affect a home’s value and are not readily observable to the buyer, from the Florida Supreme Court’s decision in Johnson v. Davis (1985). Ask your agent or attorney how that applies to your permit history.

How we close them

We have closed roughly 70 expired permits to date. We research the permit history, inspect the work against code, correct what has to be corrected, and work with the building department through the final inspection. We hold all five Florida trade licenses in house, so an electrical, plumbing, roofing or HVAC correction does not wait on a subcontractor. See closing of permits for the full process.

If the house is listed or under contract, our pay-at-closing option means the seller does not pay out of pocket before the sale.

Common questions

Can I close a permit that a previous owner or contractor pulled?

Yes. Florida Statute 553.79(16)(a) lets a property owner close a building permit whether or not they are the one listed on it. The owner can hire the original contractor or a different Florida licensed contractor to finish it.

Does the new contractor take on the old contractor's mistakes?

No. Under the same statute, a contractor who takes over the permit is not liable for defects in the original contractor's work, only for the work they perform. That is what makes it possible for a licensed contractor to pick up somebody else's open permit.

How long does a single-family permit stay open in Florida?

Since July 1, 2026, a permit for a single-family home expires 1 year after it is issued or when the next edition of the Florida Building Code takes effect, whichever is later. The local government can extend it.

Will the buyer be fined for my open permit?

A building department may not deny a permit to, fine, or cite an arm's-length buyer solely because a previous owner's permit was never closed. It keeps its rights against the property owner and the contractor listed on the permit.

Can I pay for closing the permit at the closing table?

On qualifying jobs, yes. Our pay-at-closing option lets a seller get the work done now and pay from the sale proceeds.

Work that was never permitted at all is a different process. See how after-the-fact permits work, what they cost, and how long they take.