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Understanding Expired Permits in Florida
Expired or abandoned permits have become a critical hurdle in real estate transactions. Title companies now require all open, expired, or abandoned permits to be fully closed before a property can change hands. Without resolution, sales can stall or even fall through—leading to costly delays.
Florida addressed this issue with HB 447, amending Florida Statute 553.79 on June 6, 2019, to outline clear methods for permit closeout. As a licensed engineer, you can leverage these provisions to certify code compliance and facilitate transactions smoothly.
HB 447 and Florida Statute 553.79: Key Provisions
Florida Statute 553.79 (as updated by HB 447) provides three primary routes to close out an expired permit:
- Affidavit Inspection Report
- Re-opening the Permit
- Safety Inspections for Hazardous Work
Each option addresses different scenarios—whether the work is concealed, accessible for inspection, or involves potential safety hazards.
1. Affidavit Inspection Report
When a permit has expired and the work is covered (e.g., walls closed or utilities concealed), direct inspection by city staff is impossible. In these cases, the statute permits a Florida-registered architect or engineer to:
- Visually inspect accessible areas,
- Certify compliance with the applicable code in effect when the permit was issued, and
- Submit an Affidavit Inspection Report (form).
This is often the fastest and most cost-effective path, especially for minor electrical, plumbing, or mechanical work that was never inspected due to scheduling or contractor oversight.
2. Re-opening the Permit for City Inspection
If the property owner prefers a formal re-inspection, Florida law allows the permit to be re-opened. The owner must:
- Remove finishes or uncover the work (e.g., pull back drywall, expose piping),
- Schedule required inspections with the building department, and
- Ensure compliance with the code in effect when the original permit was issued (not the current Florida Building Code).
This route is often chosen for straightforward work like water-heater replacements or A/C change-outs where uncovering the installation is practical and preserves the original inspection process.
3. Safety Review for Structural, Roofing, and Hazardous Trades
Permits involving structural, roofing, mechanical, electrical, plumbing, or gas work carry higher risk. These cannot be closed out solely via the statutory six-year old-permit exemption. Instead, the code requires:
- A full inspection by either a city inspector or a design professional,
- Verification that no safety hazards exist or that any deficiencies are corrected, and
- Documentation demonstrating compliance.
This ensures public safety where non-conforming work could pose significant threats.
Why Use EngineerLetters.co for Your Affidavit Reports?
At EngineerLetters.co, we specialize in preparing Affidavit Inspection Reports that meet Florida’s statutory requirements. Here’s how we add value:
- Quick Turnaround: Certified engineers ready to inspect and document compliance.
- Statute-Compliant Forms: We handle Form BI-1337 and all supporting documentation.
- Unmatched Expertise: have consulted with thousands owners, contractors and builders dealing with permitting issues.
- Title-Company Friendly: Our reports are accepted by title companies, permitting departments and more statewide—no more closing delays.
Whether you’re a homeowner, real estate professional, or contractor, partnering with EngineerLetters.co simplifies permit resolution and accelerates closings.
Frequently Asked Questions
Q: How long does an Affidavit Inspection Report take?
A: Typically 1–5 business days from inspection scheduling to delivery of the signed affidavit.
Q: Can I use an affidavit for major structural repairs?
A: Yes—but if the work involves potential safety hazards, a full inspection by a licensed engineer or city inspector is required before closeout.
Q: What if I uncover code violations during re-inspection?
A: You’ll need to correct deficiencies to the original code and obtain final sign-off, or else follow up with an affidavit certifying corrective work.
Take Action Today
Don’t let an expired permit derail your property transaction. Trust EngineerLetters.co for fast, code-compliant Affidavit Inspection Reports under Florida Statute 553.79 (HB 447).
- Visit: engineerletters.co
- Call: 813-694-8989
- Email: info@oasisengineering.com
Resolve expired permits efficiently, protect your closing dates, and ensure compliance with Florida’s building regulations—one letter at a time.
If the county requires a lic engineer in fl to sign off on unpermitted work .then why does the homeowner comeunder owner builder requirements .a lic engineer looked at inspected the work wouldent that be the same as trade professional
In Florida, an engineer’s role and a licensed trade contractor’s role are legally distinct, even though both are licensed professionals.
When a county asks for a licensed engineer to review or sign off on unpermitted work, they are typically asking for technical verification — i.e., confirmation that the work, as installed, is equivalent to code intent and does not present an immediate life-safety issue. This is often done through an engineer letter, affidavit, or certification based on a limited, non-invasive inspection.
That does not convert the engineer into the contractor of record or replace the requirement for a licensed trade professional to perform the work under Florida law.
Owner-Builder status is a separate statutory classification. It governs who is legally allowed to perform or contract the work, not whether the work meets code. A homeowner may still fall under Owner-Builder requirements even if an engineer inspects or certifies the work afterward.
In other words:
• Contractors are licensed to perform and supervise construction
• Engineers are licensed to evaluate, design, and certify technical compliance
An engineer can confirm whether work meets the intent of the Florida Building Code, but they cannot retroactively assume the legal role of the installing trade or override contractor licensing laws.
This separation is intentional and is why counties may require both:
• Owner-Builder acknowledgment (or licensed contractor involvement), and
• An engineer’s certification for missed inspections or unpermitted work.