Selling a Property With Open Permits or Violations: What You Need to Know
Introduction
If you're planning to sell your property in South Florida, open permits or unresolved code violations can bring your deal to a screeching halt. Title companies, lenders, and buyers are unlikely to proceed with a sale unless all issues are resolved—meaning your closing could be delayed or canceled entirely.
Fortunately, with the right support, these issues can be corrected—often faster than you think. In this post, we’ll walk you through what sellers need to know about resolving open permits and code violations before listing a property.
Why Open Permits and Violations Are Deal-Breakers
Real estate transactions involve due diligence, and that includes checking a property’s permitting history and compliance status. If inspectors or title agents discover:
Open or expired permits
Unpermitted work
Outstanding code violations
Municipal liens or fines
…it creates uncertainty and risk for the buyer and the lender. This can:
Hold up financing or insurance
Lead to requests for repairs or permit closures
Lower the buyer’s offer
Cancel the sale entirely
Reference: Florida Building Code § 105.11 — A permit becomes invalid if work is not completed or if inspections are not requested within 180 days.
What Is Considered an Open Permit or Code Violation?
A permit issued for work that was never completed or never inspected
Work done without a permit (unpermitted work)
Violations issued by local Code Enforcement (e.g., illegal additions, unsafe conditions)
Unpaid fines or liens attached to the property
Florida Statutes § 553.79(1) requires a building permit for work that affects the structure, electrical, plumbing, or mechanical systems.
How to Prepare Your Property for Sale
✅ Step 1: Request a Permit History Report
Contact your city or county building department to request the permit records for your property. This will show any open, expired, or recently issued permits.
✅ Step 2: Address Any Open or Expired Permits
Hire a professional to:
Assess what work was done
Schedule necessary inspections
Obtain "after-the-fact" permits if needed
Submit final paperwork to close the permit
APS Tip: We handle this entire process for you, ensuring a clean property record before closing.
✅ Step 3: Resolve Code Violations
If a violation has been issued, correct the issue (repairs, demolition, or legalizing the work), then request a re-inspection to close the case.
Reference: Florida Statutes § 162.06 – Outlines enforcement procedures and compliance deadlines for code violations.
✅ Step 4: Negotiate or Satisfy Liens
If fines have turned into liens, you can apply for a lien reduction or settlement once the property is in compliance. This is often required before the sale can proceed.
Can You Sell a Property As-Is?
In some cases, yes—but you must disclose all known violations, open permits, or liens to the buyer. Many buyers will still require these issues to be resolved before closing, or they may request a credit for the cost of resolution.
Why Work With a Permitting Specialist?
At American Permitting Services, we help sellers:
Identify open permits and code violations early
Coordinate inspections and permit closures
Legalize unpermitted work
Negotiate liens and fines
Clear title for a smooth closing
We act as a direct liaison between property owners and city departments, ensuring everything is handled correctly and efficiently.
Final Thoughts
Selling a property with open permits or violations doesn’t have to be stressful. The key is addressing these issues early, ideally before listing the home. With professional support, you can resolve compliance issues, avoid closing delays, and protect your property value.
Need help preparing your property for sale?
Contact American Permitting Services today for a free consultation—we’ll handle the paperwork, permits, and negotiations so you can sell with confidence.
