Seller Disclosure of Unpermitted Work in Florida: 2026 Guide

Key Takeaways

• Florida has no single statewide unpermitted-work disclosure statute; the seller's duty to disclose known, material, non-obvious facts comes from Johnson v. Davis (1985).

• An as-is sale does not automatically erase the duty to disclose known material facts that a buyer couldn't easily discover on their own.

• Check permit history through the local building department that controls the address, including open and expired permits, and search under prior owners or addresses.

• A missing permit record is a reason to investigate, not proof of wrongdoing; permits may have been exempt, filed elsewhere, or records may be incomplete.

• Many unpermitted projects can be legalized via after-the-fact permits, which may require as-built plans, engineering, inspections, code corrections, and fees.

• Unpermitted work generally travels with the property, so specify in the contract before closing whether the seller fixes it, offers a credit, uses an escrow holdback, or the buyer handles it.

Picture this: you're days from closing on your Florida home, the buyer's inspector walks the property, and suddenly everyone is staring at a screened porch, a converted garage, or a shiny new water heater that nobody can find a permit for. Your stomach drops. Sound familiar? Don't panic. You're far from the only seller who has been here, and there is a clear path forward.

Seller disclosure of unpermitted work in Florida is one of the most common sticking points in residential real estate. The rules are not as simple as checking one box on a statewide form, and that confuses plenty of sellers, buyers, and agents. In this guide, we'll walk through what the law generally expects, how as-is sales really work, how to check permit history, and how to fix problems before they derail a closing. Think of this as a friendly roadmap from a team that lives and breathes Florida permitting every day.

Quick note: this article is educational and not legal advice. For contract or disclosure questions, talk with a licensed Florida real estate attorney.

What Florida Law Says About Seller Disclosure of Unpermitted Work

Here's the surprising part. Florida does not appear to have one statewide statute or mandatory form devoted solely to seller disclosure of unpermitted work. Instead, the main rule comes from a landmark Florida Supreme Court case, Johnson v. Davis (1985).

Under that decision, a residential seller must disclose known facts that materially affect the value of the property and are not readily observable or known to the buyer. Unpermitted work that the seller knows about can easily fall into that category, especially if it affects safety, insurability, financing, or resale value.

Meanwhile, the permit requirement itself lives in Florida Statutes §553.79, which generally requires a permit from the local enforcing agency before covered construction, alteration, repair, or demolition, subject to statutory exemptions. Because enforcement is local, your city or county building department is the real authority on whether a permit was needed and whether one was closed out.

Two Questions That Matter Most

• What does the seller actually know? The duty centers on known facts, not guesses.
• Is the issue material and not obvious? A hidden bathroom addition matters more than a repainted fence.

Does an As-Is Sale Erase the Duty to Disclose?

This is the myth we hear most often. Many sellers assume that selling "as-is" means they can stay quiet about everything. Not quite. An as-is sale does not automatically excuse a seller from disclosing known, material facts that a buyer couldn't easily discover on their own.

The standard Florida Realtors/Florida Bar AS IS residential contract is reported to ask sellers about known improvements made without required permits and to address available plans or documents. Forms get updated, so always review the exact version you're signing and have a Florida real estate attorney look it over if anything feels uncertain.

Smart Disclosure Habits for Sellers

• Be honest about what you know, and just as honest about what you don't.
• Avoid presenting uncertain permit status as confirmed fact. "I believe the previous owner did this and I haven't verified a permit" is very different from "it's all permitted."
• Gather any plans, receipts, contractor names, and inspection records you have.
• Put disclosures in writing and keep copies.

How to Check Permit History for a Florida Property

Before you disclose anything, find out what's actually on record. This step alone can turn a scary unknown into a manageable to-do list.

1. Identify the correct jurisdiction. Properties near city lines can surprise you, so confirm whether the city or the county controls permitting. Our building department lookup tool can help.
2. Request the permit history. Search the building department's online portal or submit a records request for the address.
3. Check for open and expired permits. Our open permit search tool is a handy starting point.
4. Compare records to reality. Walk the property and list every improvement: additions, enclosures, roofing, windows, electrical, plumbing, HVAC, pools, and sheds.
5. Search under other addresses and owners. Old permits are sometimes filed under a previous owner, a prior address, or a parcel number.

One important reminder: a missing record is a reason to investigate, not proof of wrongdoing. The work may have been exempt, the records may be incomplete, or the permit may be filed somewhere you didn't think to look.

Common Types of Unpermitted Work Sellers Run Into

Unpermitted work rarely looks dramatic. It's usually everyday improvements that were done quickly, cheaply, or by a previous owner who never mentioned it.

If your situation looks like one of these, our guide on how to legalize unpermitted work in Florida walks through the typical steps.

Can Unpermitted Work Be Legalized With an After-the-Fact Permit?

Often, yes. The good news is that many unpermitted projects can be brought into compliance through an after-the-fact permit, sometimes called a retroactive permit. The caveat is that approval is not automatic.

A local jurisdiction may require some or all of the following:

• A permit application with property and owner details
• Plans or as-built documentation of what actually exists
• Engineering review or a sealed engineer letter
• Inspections, which may require exposing concealed work
• Corrections to meet current applicable code requirements
• Fees, which can be higher than a standard permit
• Final inspection and permit closeout

Requirements vary by locality and scope, so a roof in one county can follow a very different process than an addition in another. Our after-the-fact and expired permits service exists precisely because these files are tricky, and many firms decline them.

Why Plans and Engineering Matter

Reviewers can't approve what they can't see. That's why as-built drawings and a sealed engineer letter are so often the key that unlocks approval. Because our drafting and engineering are in house, when a reviewer flags something, we can address it directly instead of waiting on an outside consultant.

What Buyers Should Do If They Find Unpermitted Renovations

Buyers, you have options, and none of them require panic. If an inspection or permit search turns up unpermitted work, consider these steps:

1. Pause and gather facts. Request the seller's disclosure, plans, receipts, and contractor information.
2. Pull the permit record yourself or have a permitting professional do it.
3. Ask an engineer to evaluate any structural, electrical, or life-safety concerns.
4. Talk with your agent and attorney about contract remedies, extensions, credits, or repairs before closing.
5. Get a cost and timeline estimate for legalizing the work so you can negotiate with real numbers.

Our guide on what to do when a home inspection finds unpermitted work goes deeper on this scenario.

Who Is Responsible After the Sale?

Here's a point that surprises many people: unpermitted work generally travels with the property. Local governments typically enforce against the property, so a new owner can inherit the obligation to resolve it. That's why allocation of responsibility should be spelled out in the contract before closing.

Whichever route you choose, your attorney should confirm the language, and your agent can lean on realtor and closing support to keep things moving.

Can a Florida Home Sale Close With an Open Permit or Code Case?

Sometimes, yes, but it adds complexity. Lenders, title companies, and insurers may ask questions about open permits, and a surprise discovery can stall a closing quickly. We cover that scenario in detail in what happens when an open permit is found at closing.

If there's an active code enforcement proceeding, Florida Statutes §162.06(2) is reported to require notice to the code enforcement official within five days after transfer and delivery of proceeding-related materials to the buyer. Statutes and local processes can change, so confirm the current requirements with the jurisdiction or your attorney. If you've received a notice, our code compliance and violations service can help you plan next steps.

A Practical Checklist for Sellers Before Listing

Want to feel in control? Do a little homework before the buyer's inspector does it for you.

• Pull your property's permit history and look for open or expired permits.
• Walk the property and list every addition, alteration, or upgrade you know of.
• Ask your agent which items commonly raise buyer questions.
• Collect plans, invoices, warranties, and contractor names.
• Decide whether to legalize before listing, offer credits, or disclose and sell as-is with counsel's guidance.
• Write down what you know and what you don't, and keep disclosures accurate.

Handling this early usually costs less stress, and often less money, than scrambling after an inspection report lands on the table.

How 1 Contractor Solutions Can Help

We're Florida's outsourced permitting department. We're not a construction contractor. We're the team you call when the permit is the thing standing between you and a smooth closing. Our urgent permit rescue work covers denials, stop work orders, and closings held up by permit issues, and we handle the whole process: research, plans, engineering, filing, tracking, revisions, and closeout.

We work across all 67 Florida counties and have filed in more than 400 municipalities, so we know which jurisdiction actually controls your address. Curious how others feel about working with us? You can see what our 1 Contractor Solutions customers say on Google, and you can follow us on LinkedIn or follow us on Facebook for more Florida permitting tips. For official background on Florida's permitting statutes, the Florida Legislature maintains the full text of Florida Statutes online.

Final Thoughts

Seller disclosure of unpermitted work in Florida comes down to honesty, documentation, and a good plan. The law centers on disclosing known, material, non-obvious facts. An as-is label doesn't erase that duty. And most unpermitted work can be investigated, documented, and often legalized with the right plans, engineering, and inspections.

If you're a seller, buyer, agent, or investor facing unpermitted work, you don't have to untangle it alone. We respond within 30 minutes day or night, and se habla español. Ready to turn that permit problem into a closed file? Get a free quote today and let's get your project moving.