You've toured the house three times. The kitchen renovation looks gorgeous, the addition in the back doubles the living space, and the price is right. But here's the question that could save you tens of thousands of dollars: was all that work done with proper permits?
In Miami-Dade County alone, there are 31,110 open code violations and 7,883 expired building permits — meaning work was started but never passed final inspection. That's 5,401 properties walking around with ticking time bombs attached to them. And under Florida law, every single one of those violations transfers to the new owner at closing.
I went through this exact situation two years ago. A friend bought a beautifully renovated townhouse in Coral Gables, only to discover six months later that the entire second-floor bathroom addition was unpermitted. The fix cost $27,000 — more than the "discount" he thought he was getting on the purchase price.
This is Part 3 of our 4-part series on unpermitted work in Florida. If you haven't already, check out the raw data on unpermitted work in Miami-Dade and which neighborhoods are most affected. After this guide, we'll cover how investors approach properties with code violations.
Let's walk through exactly how to protect yourself.
A lot of first-time buyers assume unpermitted work is a minor technicality — something you can sort out later. It's not. Here's what's actually at stake:
Here's the exact process I recommend to every buyer I work with. Do this before you're emotionally attached to the property.
Every county in Florida maintains public permit records. In Miami-Dade, you can search through the Building Code Enforcement online portal. For Broward County, use the Records, Taxes & Treasury portal. Most other Florida counties have similar online systems.
What you're looking for:
You can also use Broker One's violation checker to instantly see open violations and expired permits for any property or zip code in South Florida.
Walk through the property with the permit history in hand. Look for work that doesn't have a corresponding permit:
The property appraiser's office maintains records of the property's official description — number of bedrooms, bathrooms, square footage, year built, and improvements. If the listing advertises features that don't appear in these records, that's a red flag.
A standard home inspection won't specifically look for unpermitted work, but a good inspector will flag things that look suspicious — electrical panels that don't match the home's age, plumbing configurations that suggest modifications, structural elements that appear non-original.
Ask your inspector directly: "Does anything here look like it was added or modified after original construction?" A seasoned inspector in South Florida has seen it all.
If the home is older than 25 years (and most in South Florida are), your insurance company will likely require a 4-point inspection anyway. This covers:
Any of these systems modified without permits will show up as potential issues.
This might sound old-school, but it works. Neighbors know when construction trucks were parked outside for three months. They know when the previous owner "did some work himself." This kind of informal intel is invaluable.
Print this out and check off each item before you sign closing documents:
You found something. Don't panic — you have options, and you have leverage.
This is the strongest position. During the inspection period, you can require the seller to pull retroactive permits, bring the work up to code, and obtain final inspections before closing. Get this in writing as a contract addendum.
If the seller won't fix it, get contractor estimates for what it would cost to bring everything up to code. Use those numbers to negotiate a lower purchase price. Be realistic — permitting after the fact typically costs 2-3x what it would have cost to do it right the first time.
If you're within your inspection period, you can walk away with your deposit. Sometimes the smartest investment decision is the one you don't make. There are always other properties.
Maybe you're reading this too late. Maybe you just discovered that the beautiful master suite addition wasn't permitted. Here's your game plan:
Unpermitted work doesn't mean the work is necessarily bad. It just means it was never officially inspected. The path forward depends on the scope:
If the seller knew about the unpermitted work and didn't disclose it, you may have grounds for a claim. Florida's disclosure laws require sellers to reveal known material defects. Consult a real estate attorney — many offer free initial consultations.
Need help navigating this? Connect with a Broker One agent who specializes in properties with code issues. We deal with these situations regularly across South Florida.
After analyzing thousands of properties across Miami-Dade and Broward counties, these are the most common unpermitted modifications we see:
Here are realistic cost ranges for retroactive permitting in South Florida (2026 estimates):
| Type of Work | Retroactive Permit Cost | Potential Remediation |
|---|---|---|
| Water heater replacement | $200 - $500 | Minimal |
| Electrical panel upgrade | $500 - $1,500 | $2,000 - $5,000 if not to code |
| Bathroom remodel | $500 - $2,000 | $3,000 - $10,000 |
| Kitchen remodel | $800 - $3,000 | $5,000 - $15,000 |
| Enclosed patio / addition | $2,000 - $5,000 | $10,000 - $30,000+ |
| Garage conversion | $3,000 - $8,000 | $15,000 - $40,000+ or reversal |
These numbers don't include the cost of opening walls for inspection access, which can add $1,000-$5,000 depending on the scope.
Yes, you can — but you're legally required to disclose known unpermitted work to buyers. Florida Statute 689.25 requires sellers to disclose material defects that affect property value. Selling without disclosure exposes you to lawsuits. Many sellers choose to either retroactively permit the work before listing or price the property accordingly. Keep in mind that buyers using FHA or VA financing may not be able to close until violations are resolved.
You become responsible for all code violations and unpermitted work the moment you close. The county doesn't care who did the work — the current owner is liable. You may face fines, be required to bring work up to code, or in extreme cases, be ordered to remove the unpermitted construction. Insurance claims related to unpermitted work can also be denied. The best protection is thorough due diligence before closing, following the checklist above.
Penalties vary by county but typically include: a stop-work order immediately, fines ranging from $250 to $1,000 per day, requirement to retroactively permit the work (at higher fees — often double the original permit cost), and potential requirement to tear out and redo the work if it doesn't meet code. In Miami-Dade, repeat offenders can face liens on their property. Licensed contractors who skip permits risk losing their license.
The four areas inspected are roof, electrical, plumbing, and HVAC. Common failures include: roofs older than 20 years or with visible damage, Federal Pacific or Zinsco electrical panels (both are known fire hazards), polybutylene plumbing (prone to failure), galvanized steel pipes showing significant corrosion, HVAC systems beyond their useful life, and any modifications to these systems done without proper permits. A failed 4-point inspection doesn't necessarily kill a deal, but it will affect your insurance options and premiums.
During a standard home inspection, the inspector will note suspected unpermitted modifications in their report. This gives you leverage during negotiations. You can request the seller resolve the issues, negotiate a credit, or exercise your right to cancel during the inspection period. If discovered during a county inspection (like a code enforcement visit), the county will issue a violation notice requiring the work to be permitted or removed within a specified timeframe.
The difference between a smooth closing and a $30,000 surprise often comes down to doing your homework on permits before you fall in love with a property. The data is public. The tools exist. You just need to use them.
Start by checking any property or zip code on Broker One's unpermitted work analysis tool — it pulls live violation and permit data so you can see exactly what you're dealing with before you even schedule a showing.
If you want a professional in your corner who actually understands code violations and permit histories, reach out to a Broker One agent. We work with buyers across Miami, Fort Lauderdale, and West Palm Beach who want data-driven guidance — not just a door opener.
Next in this series: How Investors Use Code Violations to Find Undervalued Properties in Florida — the flip side of this coin, where violations become opportunities.
Broker One Editorial writes the neighborhood guides, lifestyle coverage, and buyer advice that help readers navigate South Florida real estate. We mix on-the-ground reporting with data from Broker One Research — if a restaurant is mentioned, someone on the team has eaten there; if a neighborhood is described, someone has walked it. Our editorial writers are licensed Florida real estate professionals, long-time South Florida residents, or both. Every lifestyle claim that can be verified with data is checked against our research team's datasets before publication.
