How to use Florida Statute 553.79 to close out old building permits?
This is something which the Florida Association of Realtors got changed. As of 7 June 2019 via HB 447 local governments are, as per FS 553.79(16) & (17), to…
- Authorized to close a building permit six years after the issuance of the permit if the local government determines that no apparent safety hazards exist.
- 16 (c) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazards exist.
- Prohibited from penalizing an “arm’s length purchaser” of property solely because a previous owner failed to close a building permit.
- “(17)(a) A local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize, sanction, or assess fees against an arms-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit.”
It also provides remedies for owners who subsequently discover permits that remain open for work they previously contracted for, and for new purchasers who later discover an open permit for improvements added by a previous owner of the property that was previously undisclosed.
It is important to note that a contractor hired to finish an original contractor’s uncompleted work are only liable for the work they perform. The new contractor is not responsible for any defects in the work performed by the original contractor.
