Does an old permit disappear when the work is finished?
No. Finished work does not establish permit closure. Florida law defines closing a permit as satisfying its requirements. Check the permit record and ask the permitting office what remains before treating the issue as resolved. Florida Statutes, section 553.79(16).
If you are preparing to sell, add permit records to your pre-listing checklist. A completed renovation and a properly closed permit are separate questions. If you are buying, ask what your home inspection includes and arrange a permit-record review before your contractual inspection deadline. Florida Realtors’ inspection guidance identifies permit inspection as a separate inquiry through the county or city permitting office.
An open permit is not the same question as whether a contractor has filed a lien. Check the permit status with the building authority, and have the closing professional investigate any title or lien concerns separately. For the lien process, see Can a Contractor’s Lien Stop Your Florida Home From Closing?
Start with the actual record, not the renovation receipt
Collect the permit number, scope of work, inspection history, and current status. Ask the permitting office to identify the steps needed to close that specific permit, and request the answer in writing. Do not treat a contractor’s paid invoice as confirmation that the permit requirements have been satisfied.
For an Orange County permit, the Division of Building Safety’s FAQ directs you to Fast Track and allows searches by permit number, address, or parcel ID. It also describes checking past permit information through the Property (Address/Parcel) search. Use the authority that issued the permit; do not assume a county search replaces a city-record check.
If an Orange County record or document cannot be located, the county’s Fast Track engagement page instructs you to request public records at [email protected] and include the property address. A missing search result is a reason to request records, not a basis for saying the work never required a permit.
- Existing permit: Ask which conditions and inspections remain unsatisfied.
- Expired permit: Ask whether the building authority requires a replacement permit or determines that a statutory closure option applies.
- Work with no located permit: Ask whether the work required a permit and what documentation or corrective process is needed.
Florida provides closure options, not an automatic expiration cure
Under section 553.79(16)(a), a property owner can close a permit even if that owner was not named on the original application. The owner may retain the original contractor or hire another appropriately licensed Florida contractor to complete the necessary work and obtain required inspections. Owner-builder treatment is another option under the statutory conditions; ask the building authority whether it fits your situation.
Section 553.79(16)(b) allows an expired permit to be closed without a new building permit if its requirements have been substantially completed, as determined by the local enforcement agency. That determination belongs to the agency, not the seller, buyer, or real estate agent. The paragraph also addresses using the building code in effect when the original application was received, subject to its stated alternative-construction approval provision. Read the statutory conditions.
The six-year provision is discretionary. Section 553.79(16)(c) says the local enforcement agency may close a permit six years after issuance, even without a final inspection, if it determines that no apparent safety hazards exist. It does not say the permit closes automatically on its sixth anniversary. Florida Statutes, section 553.79(16)(c).
Orange County’s published FAQ states that expired permits must be replaced and remaining inspections performed, and that a final inspection is required to close out permits. Because the statute separately provides conditional closure paths, ask [email protected] for the determination on your permit rather than assuming either a new permit or a statutory exception is automatic.
What an AS IS sale does, and does not, require
Read your signed contract and any addenda before assigning responsibility. The Florida Realtors/Florida Bar AS IS form’s paragraph 10(b) addresses the seller’s knowledge of unpermitted work or permits not properly closed or otherwise disposed of, subject to written disclosure. If the seller identifies those issues, the paragraph requires prompt delivery of relevant plans, documentation, or information in the seller’s possession, knowledge, or control. ASIS-7x, paragraph 10(b), published redline.
Paragraph 12(c) requires the seller to provide relevant information and cooperate in good faith with the buyer’s efforts to obtain estimates if the buyer’s inspection identifies open or needed permits. That includes necessary authorizations or consents for inspections and estimates. The same paragraph says that, in fulfilling that cooperation obligation, the seller is not required to expend or become obligated to expend money. Cooperation is therefore not a promise to pay every permit-related expense. ASIS-7x, paragraph 12(c).
If you need a different result, ask your real estate attorney to document who will handle the work, pay the costs, obtain approvals, and provide evidence of completion. Do not substitute a verbal assurance for the contract language you need. For a buyer considering cancellation, paragraph 12(a) requires written termination notice before expiration of the Inspection Period; review the deadline in your signed agreement. ASIS-7x, paragraph 12(a). Our inspection-period guide explains that separate decision.
Questions to answer before committing to a closing date
Use a written checklist: what is unresolved, what does the building authority require, who will perform any necessary work, and what document will demonstrate closure? Ask the closing professional and lender to identify any conditions they need satisfied. Avoid promising a completion date until you have the authority’s requirements and the contractor’s scope.
A statutory protection for a later buyer is not proof that the work is compliant. Section 553.79(17)(a) prohibits specified enforcement actions against an arm’s-length purchaser for value solely because a previous owner’s permit was not closed, while preserving remedies against the owner and contractor listed on that permit. Keep that narrow protection separate from the actual condition of the work and the contract you are signing. Florida Statutes, section 553.79(17)(a).
Frequently asked questions
Does a permit automatically close after six years?
No. The local enforcement agency may close a permit six years after issuance without a final inspection if it determines that no apparent safety hazards exist. The statute makes that an agency decision, not an automatic change in status. Section 553.79(16)(c).
Does an AS IS seller have to pay to close every open permit?
Not under the cooperation obligation in paragraph 12(c) alone. That paragraph requires specified information and good-faith cooperation but says the seller need not expend or become obligated to expend money in fulfilling that obligation. Read the signed contract and any additional agreements. ASIS-7x, paragraph 12(c).
Where do I check Orange County permit records?
The Division of Building Safety directs you to Fast Track searches by permit number, address, or parcel ID. If records cannot be located, the county’s engagement page provides a public-records request route using the property address. Orange County FAQ and Fast Track records guidance.
Bring the permit record to your selling or buying strategy session
Before you commit to a listing or purchase, gather the permit history, written building-authority response, and any contractor estimates. Request a strategy session with MVP Home Group to organize the transaction questions and identify what needs a building-authority, contractor, closing-professional, or attorney decision.
This article provides general transaction education, not legal advice or an address-specific building-code determination. Have your attorney interpret your signed contract and the permitting office determine the requirements for your property.