Unpermitted Work: What Every South Florida Buyer Should Check Before Closing

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.

What counts as unpermitted work?

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:

  • Garage conversions, room additions and enclosed patios
  • Window, door and impact glass replacements
  • Roof replacements
  • Electrical panel upgrades, new circuits and whole-home generators
  • A/C and water heater replacements
  • Pools, spas, pool decks and fences
  • Kitchen or bathroom remodels that move walls, plumbing or wiring

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.

Where are permit records kept in each community?

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.

  • Palmetto Bay: The Village’s Building and Permitting Department offers an online permit search, plus a lien search request that reports open or expired permits and code enforcement issues.
  • Pinecrest: The Village of Pinecrest Building and Planning Department maintains permit records for properties within village limits.
  • Cutler Bay: The Town of Cutler Bay handles permitting for properties within town limits.
  • Unincorporated Miami-Dade: Miami-Dade County’s online permit search covers properties outside municipal boundaries.

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.

How do I pull a home’s permit history before making an offer?

You can do most of the early research yourself in under an hour. Here is the process Drew recommends:

  1. Find the folio number. Search the address on the Miami-Dade Property Appraiser website. The folio is the parcel ID most permit systems use.
  2. Search the right permit portal. Use the municipality’s search for homes in Palmetto Bay, Pinecrest or Cutler Bay, and the county’s for older records or unincorporated addresses.
  3. Check each permit’s status. Finaled or closed is what you want to see. Open, expired or permits that have sat active for years deserve a question.
  4. Compare the records to the listing. Look at square footage, bedroom and bathroom counts, pool and year built on the Property Appraiser record. If the listing shows four bedrooms and 2,400 square feet but the appraiser shows three bedrooms and 1,900 square feet, that gap often points to an addition or conversion.
  5. Order a municipal lien search. Your title company or closing attorney typically orders this after you are under contract. It reports open and expired permits, code violations and municipal liens tied to the property.

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.

What red flags should buyers look for during showings?

Permit records tell part of the story. The house tells the rest. On a showing or second visit, pay attention to:

  • A garage door on the outside but a finished room on the inside
  • A bedroom or den with a window unit or ductless mini-split instead of central air vents
  • Changes in ceiling height, flooring level or roofline where an addition meets the original house
  • A second kitchen, a separate exterior entrance or an efficiency setup
  • Windows or doors without visible product approval labels, which Miami-Dade requires for impact-rated products
  • An electrical panel with handwritten labels, missing covers or extension cords powering an entire room
  • A seller’s disclosure that marks permits as “unknown” for improvements you can clearly see

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.

Why does unpermitted work affect insurance and resale value?

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.

What happens if I find unpermitted work before closing?

Finding it early gives you options. Depending on your contract and the scope of the issue, buyers commonly:

  • Ask the seller to close open permits or obtain after-the-fact permits before closing
  • Negotiate a price reduction or credit based on a contractor’s estimate to legalize the work
  • Request an escrow holdback at closing, if the lender and title company allow it
  • Cancel within the inspection period, if the contract permits it

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.

Frequently asked questions

Does a home inspection find unpermitted work?

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.

Can I buy a house with unpermitted work in Florida?

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.

Who is responsible for unpermitted work after closing?

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.

Is an expired permit the same as unpermitted 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.

When should I check a home’s permit history?

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