Fixing Unpermitted Work in South Florida: How After-the-Fact Permits Work

Most people do not set out to have unpermitted work. They buy a house where a previous owner enclosed the garage, added a bedroom out back or redid the kitchen without telling the city. Then something brings it to the surface: a buyer's inspection, an insurance underwriter asking for permit records, an appraisal that does not count the square footage, or a code enforcement notice after a neighbor complains.

The good news is that most of it can be fixed. The process has a name, after-the-fact permitting or legalization, and South Florida building departments handle it all the time. Here is how it works.

Step one: find out what was actually permitted

Before you assume the worst, look up the permit history. Every building department in Miami-Dade, Broward and Palm Beach keeps records by address, and most have an online search. Compare what the records show with what is on the ground:

• Square footage. If the property appraiser's records show a smaller house than the one you live in, something was added.
• Garage. A garage that is now a bedroom or family room with no permit is one of the most common findings in South Florida.
• Open or expired permits. Work may have been permitted but never finished or inspected. An open permit is a different and often easier problem than no permit at all.
• Roof, windows, AC and water heater. These are replaced often, and unpermitted replacements show up in insurance and wind mitigation reviews.

Your three options

What legalizing actually involves

1. Drawings of what exists. An architect or engineer documents the work as built, and the drawings go through plan review like any new project.
2. Making hidden work visible. Inspectors cannot approve what they cannot see. Expect to open some drywall so they can check framing, connections, wiring and plumbing, or to have a licensed professional test and certify it.
3. Corrections. Anything that does not meet code gets fixed. In older unpermitted work, common items are missing hurricane connections, undersized wiring, windows without product approval, and plumbing without proper venting.
4. Inspections and closing the permit. Once everything passes, the permit closes and the work becomes part of the official record.

Miami-Dade's 2026 guidelines

In January 2026, Miami-Dade County's Board of Rules and Appeals approved guidelines for permitting work done without a permit. Under them, the owner submits full documentation of the work along with the normal permit documents, a signed hold harmless agreement, affidavits from each trade, and a Work Without Permit Certificate signed and sealed by a Florida-licensed engineer or architect. The certificate has to be based on direct inspection of the work, explain how hidden work was verified, and state that the work complies with the current Florida Building Code. The building official decides which projects qualify.

What it costs

There are three parts to the cost. First, design and certification: drawings, and engineering when hidden work has to be certified. Second, the fees, which are higher than for a normal permit. Broward County's own fee schedule charges double the fee for work without a permit, and the City of Miami charges two times the fee plus a base fee on homestead property and four times plus a base fee on non-homestead property. Each city sets its own fees, so check your jurisdiction. Third, the corrections, which depend entirely on what the inspections find.

Some cities run programs that reduce the penalty for owners who come forward on their own. The City of Miami, for example, lists a Code Relief Program and an accessory dwelling unit amnesty program that waive the double fee for qualifying permits. It is worth asking your building department whether anything similar applies before you start.

If you are buying or selling

• Buyers: order a permit search before closing, and compare it to the house. Unpermitted work becomes your problem once you own it.
• Sellers: fixing it before listing usually costs less than the discount buyers ask for, and avoids deals falling apart late. Talk to your real estate attorney about what you need to disclose.
• Insurance: unpermitted roofs, windows and additions can affect coverage and wind credits. Legalized work can be documented properly.

When removal is the smarter choice

Sometimes legalizing costs more than the space is worth. A poorly built back room with no foundation, an enclosure that blocks a required exit, or work in a flood zone that would trigger bigger requirements are all candidates for removal. Removal also needs a permit, and you then restore the original condition. Our demolition division handles that side; their guide on renovating versus tearing down walks through the trade-off on a larger scale.

The bottom line

Unpermitted work is common in South Florida and usually fixable. Start with the permit history, get a professional opinion on whether the work is worth keeping, and choose between legalizing and removing before code enforcement or a buyer forces the timing. We pull permits for renovations and additions, work with the engineer on certification, and make the corrections. Tell us what you found and we will help you sort out the options.