Open permits show up on title searches and can delay or kill closings. With the right contractor, most open permit issues resolve in 4–8 weeks. Here's what buyers, sellers, and realtors need to know.
Everything is going smoothly. The offer is accepted. The inspection went well. The appraisal came in fine. You're two weeks from closing.
Then the title search comes back and there it is: an open permit from 2011. Or 2004. Or 1997. A permit that was pulled, work that was done, and nobody ever called for the final inspection.
Now what?
What Is an Open Permit?
A building permit goes through a lifecycle. It's applied for, issued, work is done, inspections happen, and when everything passes — the permit closes. A closed permit means the work was completed, inspected, and approved.
An open permit is one that never reached that final stage. The permit was issued. Maybe the work was done. Maybe it wasn't. But the final inspection never happened, the permit was never closed, and it's been sitting open in the county's records ever since.
In Florida, open permits are extraordinarily common. The state has gone through multiple construction booms, multiple storm seasons, and decades of rapid development. Permits get pulled, work gets done, and sometimes — often — the final inspection just never gets scheduled. The contractor moved on. The homeowner didn't know they were responsible. Life happened.
The permit sat open. For years. Sometimes for decades.
Why Open Permits Kill Deals
When a title search surfaces an open permit, most title companies and lenders treat it as a cloud on the title. The concern is legitimate: open permits represent unverified work. Nobody officially confirmed the work was done correctly. Nobody signed off on it. The structure may or may not meet the code that was in effect when the permit was issued.
That uncertainty creates liability. For the buyer, for the lender, for the title company.
Most Florida title insurance companies won't issue a clean title policy on a property with an open permit without either: - The permit being closed before closing - Funds being escrowed to cover the cost of closing the permit after closing - A specific exception being noted in the title policy
Most lenders won't fund a purchase with open permits on title without similar resolution.
Which means the deal either gets delayed while the permit issue is resolved, or it falls apart entirely.
How to Close an Open Permit in Florida
The process depends on what type of permit it is and when it was issued.
Step 1: Research the original permit. Pull the permit records from the county building department. Find out what work the permit was for, who the original contractor was, and what inspections were completed — and which one is missing.
Step 2: Assess whether the work was done. Sometimes an open permit exists because the work was done but the final inspection was never scheduled. Sometimes the work was never completed. The resolution depends on which situation you're in.
Step 3: Engage a licensed contractor. A licensed contractor needs to take over the permit, evaluate the work, and coordinate the final inspection. This may require the original contractor — or a new contractor willing to assume responsibility for the work.
Step 4: Final inspection. The inspector comes out, evaluates the completed work against the permit and the code in effect at the time, and either passes it or identifies corrections needed.
Step 5: Corrections if required. If the work doesn't meet current or applicable code, corrections are made and a re-inspection is scheduled.
Step 6: Permit closes. Final inspection passes, permit closes, title is clear.
How Long Does It Take?
For a simple open permit — a final inspection that was never scheduled on work that was clearly completed — this process can happen in 2–4 weeks in normal circumstances.
For more complex situations — missing inspections on multiple phases, work that was partially completed, permits from decades ago where the original contractor is long gone — the process takes longer and typically requires engineering documentation.
Who Is Responsible — Buyer or Seller?
This is negotiated in the contract. In Florida, it's standard for sellers to be responsible for resolving open permit issues — but it's a negotiation point.
If you're a buyer and you discover open permits mid-transaction, you can: - Request the seller resolve before closing - Request a price reduction - Accept escrowed funds at closing to cover resolution - Walk away if the permit situation is complex enough
Realtors: This Is Your Client Relationship on the Line
Real estate agents who know how to navigate open permit situations keep deals together. The ones who don't lose clients and commissions when deals fall apart two weeks before closing.
If you're showing a listing and you suspect open permits — ask. Pull the permit history before you get deep into a transaction. And have a licensed contractor you trust who can give you a realistic assessment of what resolution looks like.
The Bottom Line
Open permits in Florida are common, manageable, and fixable. The key is catching them early — before you're under contract or deep into a transaction — and having a licensed contractor who can move quickly to resolve them.
Questions about your specific situation? We're licensed Florida contractors — not a call center. Book a free 15-minute call and get a straight answer.
Questions About Your Situation?
We're licensed Florida contractors — not a call center.
Book a free 15-minute call and get a straight answer about your specific situation.