Private Provider vs. County Review for After-the-Fact Permits

Key Takeaways

• Under Florida Statute §553.791, a private provider can review plans and issue a code-compliance affidavit, but the local building department still issues the after-the-fact permit.

• Private provider review does not legalize unpermitted work or guarantee approval, especially when concealed work cannot be visually verified.

• Statutory review deadlines are generally 20 business days, with 5 business days for certain single-trade residential reviews and 10 with a sealed architect or engineer affidavit in specified cases.

• A private provider only covers Florida Building Code compliance; zoning, floodplain, site, fire, and stormwater reviews remain with the local government.

• Concealed work may require exposure, testing, as-built drawings, or sealed engineer letters, so confirm acceptable evidence with the local building official before spending on drawings.

• Requirements and fees vary by county and city, so confirm eligibility and fee treatment with your specific jurisdiction before hiring a private provider.

So you've discovered work on your property that was never permitted. Maybe a prior owner skipped the paperwork, a contractor vanished, or a lender flagged something at closing. First, take a breath. This happens to Florida property owners all the time, and there is a clear path forward. Many people start by looking for a private provider after the fact plan review Florida offers under state law, hoping it will be faster than waiting in the county queue.

The big question is whether to route your after-the-fact (ATF) permit through a private provider or stick with the local building department's own plan reviewers. The honest answer is that it depends on your project, your county, and what can be verified on site. In this friendly guide, we'll compare both paths side by side, explain what Florida Statute §553.791 actually allows, and help you decide which route fits your situation in 2026.

What an After-the-Fact Permit Actually Is

An after-the-fact permit covers work that was already built without the required permit. It does not erase the original violation. Instead, it brings the work into the official record by proving it meets the Florida Building Code. You can learn more about how the process works in our guide to what after-the-fact permitting in Florida involves.

Whichever review route you choose, the local building department still issues the permit. That point surprises many owners. A private provider can review plans, perform inspections, or both, but the city or county remains the permitting authority.

What Florida Statute §553.791 Allows

Under Florida Statute §553.791, a property owner, or a contractor with the owner's explicit written authorization, can hire a qualified private provider for Florida Building Code plan review, inspections, or both. The statute gives you an alternative review route, not a shortcut around the rules.

Here is what the law does and does not do for after-the-fact cases:

• It does: let a qualified provider review plans and issue a code-compliance affidavit.
• It does: set statutory deadlines for the local building official to respond.
• It does not: legalize unpermitted work or waive permit requirements.
• It does not: guarantee approval, especially when work is concealed or hard to verify.

If you want a broader look at this topic, our article on whether private providers can review after-the-fact plans in Florida goes deeper.

Private Provider vs. County Review: Side-by-Side

Let's put the two routes next to each other so you can see the real differences.

Notice the scope row. A private provider can only speak to Florida Building Code compliance within their qualifications. Zoning, floodplain, site, and fire reviews stay with the local government. That means you may still have to deal with the county on those items no matter which path you pick.

Timelines: Where Private Review Can Help

The timeline is the main reason owners start looking for a private provider after the fact plan review Florida counties will accept. Under the 2025 Florida Statutes, the building official generally has 20 business days after receiving the application and required affidavit to issue the permit or provide written, code-specific deficiencies.

A few other timing rules are worth knowing:

• Certain single-trade plan reviews for single-family or two-family dwellings carry a 5-business-day deadline.
• When a Florida-licensed architect or engineer seals the required affidavit, a 10-business-day review deadline applies in the circumstances the statute specifies.
• Inspection-service notice is generally due with the permit application or by 2 p.m. local time two business days before the first scheduled inspection, with special timing when construction has already commenced.

Statutory exceptions and local administrative requirements can change the clock for a given application. If you're waiting on a slow queue, you may also enjoy our walkthrough on how long a building permit takes in Florida.

The Real Challenge: Verifying Work Already Built

Here is where after-the-fact cases differ from a normal new-construction permit. Reviewers can't just look at drawings. They need proof that the finished work meets code, and some of it may be buried behind drywall, under a slab, or sealed in a roof system.

Using a private provider does not necessarily eliminate inspections. The building department may require inspections or other evidence to establish compliance. In practice, that can mean:

1. Field verification: an engineer or inspector documents what actually exists on site.
2. As-built drawings: accurate plans showing the work as constructed. See our guide to as-built drawings.
3. Engineer letters: sealed statements on structural or system adequacy, such as engineer letters.
4. Exposure or testing: opening a wall or running a test when something can't be verified visually.
5. Corrective work: fixing anything that doesn't meet current code requirements.

Because of this, a good ATF provider needs experience with existing construction, not just new builds. Ask the local building official what evidence is acceptable for your specific scope before you spend money on drawings.

Which Route Fits Which Situation?

Every property is different, but some patterns come up again and again. Use this table as a starting point, then confirm with your jurisdiction.

For a deeper comparison of the two systems, read private provider vs. building department in Florida.

Local Rules Vary: Don't Assume One County Fits All

Florida has 67 counties and hundreds of municipalities, and each handles private-provider submissions a little differently. Miami-Dade, Tampa, Orange County, and Collier County all publish their own forms or instructions. Miami-Dade, for example, identifies the disciplines covered by its program and reserves non-building-code reviews to the county.

Fee treatment varies too. Tampa's published private-provider page states that qualified projects receive a 30% reduction from the standard building permit fee, but that is a local example, not a statewide rule. Before you hire anyone, check your specific jurisdiction. Our building department lookup tool can help you find the right office, and these local pages may help:

• Tampa and Hillsborough County
• Miami-Dade County
• Orange County
• Collier County

Step-by-Step: How a Private Provider ATF Review Typically Works

The exact steps depend on your jurisdiction, but this is the general flow most owners and contractors follow:

1. Confirm eligibility with the local building official. Ask whether they accept private-provider review for your specific after-the-fact scope.
2. Document existing conditions. Gather photos, receipts, prior records, and any previous plans.
3. Hire a qualified provider. Verify their license or certification, discipline, insurance, and experience with existing construction.
4. Prepare as-built drawings and any engineering. Make sure they match what is actually on site.
5. Give required notice and file. Submit the permit application, notice to the building official, the provider's code-compliance affidavit, and the reviewed plans.
6. Respond to deficiencies. If the building official issues code-specific comments, address them through revisions and resubmittals.
7. Complete inspections and closeout. Finish any required inspections and obtain final approval.

How to Vet a Private Provider

Not every provider is a good match for after-the-fact work. Before signing anything, look for these qualities:

• Active Florida license or certification in the relevant discipline
• Real experience with existing construction and unpermitted-work cases
• Willingness to document concealed or inaccessible work honestly
• Current insurance coverage
• Clear scope, so you know what they cover and what stays with the county
• Familiarity with your local building department's forms and portal

One common mistake is hiring a provider whose scope doesn't match the problem. A plan reviewer who can't produce sealed structural documentation may leave you stuck halfway through. Many owners find it easier to work with a team that handles drawings, engineering, and filing together.

Where 1 Contractor Solutions Fits In

1 Contractor Solutions works as Florida's outsourced permitting department. We are a licensed private provider, and our drafting and engineering are done in house, with our own engineer sealing the work. That means when a reviewer flags something, we fix it directly rather than waiting on an outside consultant. We handle after-the-fact and expired permits, private provider plan review and inspections, and plan review coordination across all 67 Florida counties.

If you're a realtor facing a stalled closing, you may also want to see our realtor and closing support. For a county-by-county perspective, our county-by-county guide to Florida after-the-fact permitting is a handy companion. You can also see what customers say by reading 1 Contractor Solutions reviews on Google.

Common Mistakes to Avoid

• Assuming a private provider legalizes the work. It doesn't. The local building department still issues the permit.
• Skipping the pre-check call. Always confirm local requirements first.
• Ignoring non-building-code reviews. Zoning, floodplain, and fire reviews may still be required.
• Submitting plans that don't match reality. As-builts must reflect what actually exists.
• Hiding concealed work. Be ready for exposure, testing, or corrective work.

Our Take: Which Wins?

For after-the-fact permits, neither route wins every time. A private provider shines when time is tight, the scope is clearly within building-code review, and you want more control over scheduling. County review can make more sense when the project is heavy on zoning, site, or floodplain questions, or when local fees and queues are light. Often the smartest approach is a hybrid: a private provider handles the building-code review while you coordinate the local-only reviews directly.

Whatever you choose, remember that you don't have to figure this out alone. If you'd like a clear plan for your property, get a free quote from our team, and we'll tell you which jurisdiction controls your project and what it will take. You can also stay connected by choosing to follow us on LinkedIn or follow us on Facebook for Florida permitting updates. For the statute itself, you can read the official text of Florida Statute §553.791 on the Florida Senate website.