A converted garage, an enclosed patio or a freshly remodeled kitchen can look like a selling point in a listing. In South Florida, the more important question is whether that work was permitted, inspected and closed out with the local building department. Unpermitted work rarely shows up in listing photos, it does not always surface in a standard home inspection and it can follow the house, and its new owner, long after closing.
Drew Kern and The Kern Team review permit history with buyers on homes across Palmetto Bay, Pinecrest, Cutler Bay and the rest of Miami-Dade County. Here is what to check, where to look and what to do when the records and the house do not match.
Unpermitted work is any construction, alteration or installation that required a building permit but was completed without one. In Miami-Dade County, the most common examples include:
There is a second category buyers often miss: work with an open or expired permit. A contractor may have pulled the permit, finished the job and never scheduled a final inspection. The work may be perfectly sound, but on paper it is still incomplete, and it can hold up a closing just as easily as work that was never permitted at all.
This is where many buyers get tripped up. Palmetto Bay, Pinecrest and Cutler Bay are each incorporated municipalities with their own building departments. Miami-Dade County records cover unincorporated areas, but a home inside village or town limits is usually permitted locally.
One local wrinkle matters here. Pinecrest incorporated in 1996, Palmetto Bay in 2002 and Cutler Bay in 2005. For many homes, older permits were issued by the county and newer ones by the municipality, so a complete history can mean checking both.
You can do most of the early research yourself in under an hour. Here is the process Drew recommends:
Steps one through four are worth doing before you write an offer. Step five should be timed so the results arrive well inside your inspection period, which gives you room to negotiate if something turns up.
Permit records tell part of the story. The house tells the rest. On a showing or second visit, pay attention to:
None of these proves the work was unpermitted. Each one is a reason to check the records before you get attached to the house. It is also worth knowing that a home inspector evaluates condition, not permit status. A well-built addition can pass inspection and still have no permit on file.
On the insurance side, many Florida carriers rely on permit records to verify the age of a roof and major systems. A roof replaced without a permit may be treated as the original roof, which can affect eligibility and premiums. Carriers can also scrutinize claims tied to unpermitted improvements.
Resale is where the cost usually lands. Appraisers often give little or no value to unpermitted square footage, so the converted garage you paid for may not count when you sell. The next buyer’s title company will run the same lien search you did, and an open or unpermitted item can delay that sale or reduce the price. Legalizing the work later typically means applying for an after-the-fact permit, which can require engineering drawings, opening walls for inspection, upgrades to current code and fees. If the work cannot meet code, removal may be the only option.
Finding it early gives you options. Depending on your contract and the scope of the issue, buyers commonly:
The right path depends on what the work is. An expired permit on a water heater is usually a quick fix. An unpermitted second-story addition is a very different conversation. Your agent, closing attorney and a licensed contractor can help you size the issue before you decide.
Not reliably. Home inspectors evaluate the condition of the property, not its permit history. Permit research through the building department and a municipal lien search are separate steps.
Yes. Many buyers do, especially with older homes. The key is knowing about it before closing, pricing it into your offer and understanding what it would take to legalize or remove the work later.
Generally, the current owner. Once you close, code enforcement issues and the cost of permitting past work typically become your responsibility, even if a previous owner did the work.
Not exactly. An expired permit means work was permitted but never received final approval. It is often easier to resolve, but it can still delay a closing until it is closed out or addressed in the contract.
Before you make an offer. A quick look at the permit portal and Property Appraiser record can shape your offer price and your inspection plan before you are under contract.
If you are considering a home in Palmetto Bay, Pinecrest or Cutler Bay and want help reading its permit history before you write an offer, Drew Kern and The Kern Team can walk through the records with you.
Drew Kern, The Kern Team