Why Didn't My Title Search Show Open Permits in Florida?
Why Didn't My Title Search Show Open Permits on My Property?
A title search can be complete and an unresolved building permit can still surface later. Understanding why starts with knowing the difference between title records and permit records.
You bought the property. A title search was completed. Maybe you even purchased title insurance. Then months or years later, you discover an old building permit that is still showing as open, expired, or unresolved.
Your first question is probably a reasonable one: Why didn't the title search catch this?
The short answer is that a title search and a building permit search are not necessarily the same thing.
A Florida title search generally focuses on official or public records affecting title to the property. Building permits, inspections, and permit status are administered through the applicable local building department. Depending on the scope of the research performed for your transaction, a separate review of those permit records may be needed.
A completed title search does not necessarily mean that every building permit associated with the property has been researched or confirmed as closed.
What Does a Title Search Actually Look For?
The Florida Department of Financial Services defines a title search as the compiling of title information from official or public records. The search summarizes past documents that affect title to the land.
Those records can include matters such as:
- Prior deeds and ownership interests
- Recorded mortgages
- Judgment liens
- Tax liens
- Easements
- Restrictions and covenants
- Other recorded matters affecting title
That is different from researching the operational history of a building permit through a city or county building department.
Why Might an Open Permit Not Appear in a Title Search?
An open permit may not appear in a title search because permit records and title records can serve different purposes and may be maintained in different government record systems.
There are several possible reasons an unresolved permit could be discovered later.
The Permit Is Maintained by a Building Department
Building permits are administered by local enforcing agencies. A property's permit record may therefore be maintained through the city or county responsible for building permitting, rather than appearing as a document in the same records being examined for title.
The Scope of the Search Was Different
Not every property-related search is the same. A title search, municipal lien search, permit search, and code enforcement search can have different purposes and scopes.
What was researched during your transaction depends on the services ordered and the records examined.
Older Records May Require Additional Research
An older permit may require additional investigation, particularly when historical records, addresses, parcel information, inspection records, or older municipal systems need to be reviewed.
That does not automatically mean someone made a mistake during the closing. It may simply mean that the permit history was outside the scope of the particular title research that was performed.
Title Search vs. Municipal Lien Search vs. Permit Search
These terms are sometimes used together during a real estate transaction, but they should not automatically be treated as interchangeable.
Title Search
Generally examines official or public records affecting ownership and title, such as deeds, mortgages, recorded liens, easements, restrictions, and other recorded interests.
Municipal Research
Depending on the provider and scope ordered, municipal research may examine additional local-government records. Exactly what is included can vary, so the scope should be confirmed.
Permit Search
Specifically researches building permit history and status through the appropriate local building department or permitting system.
This distinction is one reason a homeowner can complete a real estate closing and later discover that a permit associated with previous work still requires attention.
What Does an "Open Permit" Actually Mean?
An open permit generally means the permit has not reached the point where the applicable building department considers its requirements satisfied and the permit closed.
The reason can vary. For example:
- A required final inspection may never have been completed.
- An inspection may have failed and corrections remained outstanding.
- The work may have been completed without the final permit closeout occurring.
- The permit may have expired before all required steps were completed.
- Additional documentation or municipal action may still be required.
The exact reason should be confirmed directly through the building department responsible for the permit.
Why Can an Old Open Permit Become a Problem Now?
A permit can sit unnoticed for years because the physical work is already complete. The issue may not become obvious until something causes someone to research the property's permit history.
That can happen when you are:
- Preparing to sell the property
- Buying a property
- Refinancing
- Planning another renovation
- Applying for a new permit
- Reviewing municipal property records
- Addressing another code or permitting concern
An open permit does not automatically mean a Florida property cannot be sold, financed, or insured. The practical effect depends on the permit, the transaction, the jurisdiction, and the parties involved.
But once an unresolved permit is discovered, determining exactly what remains outstanding is usually the best place to start.
What Should You Do If You Discover an Open Permit?
Do not assume you need to start the entire project over. First determine what the permit record actually says and what the applicable building department requires.
Confirm the Permit
Identify the city or county building department responsible for the property and locate the permit record. Confirm the permit number, original scope of work, issue date, current status, inspection history, contractor information if available, and any outstanding requirements shown in the record.
Find Out Why It Is Still Open
Determine whether the problem involves a missing final inspection, failed inspection, expired permit, outstanding correction, missing documentation, or another unresolved requirement.
Determine What the Municipality Requires
The solution can depend on the age of the permit, the work performed, the property's jurisdiction, and the current permit status. Ask the applicable building department what must be completed to move the permit toward closure.
Gather the Documentation You Still Have
Depending on the situation, contracts, invoices, plans, product information, photographs, inspection records, contractor information, and previous permit documents may be useful. The municipality can help determine what documentation is actually required.
Coordinate the Professionals Needed
Some permit problems can require a licensed contractor, engineer, architect, inspector, or another qualified professional. The professionals required depend on the specific permit and the municipality's requirements.
Complete the Requirements and Confirm Closeout
Do not assume the permit is closed simply because an inspection occurred or documents were submitted. Confirm the final permit status with the applicable building department after the required work is complete.
What If the Contractor Who Did the Work Is Gone?
This is a common reason an older permit becomes difficult for a homeowner to resolve. The original contractor may have gone out of business, become unreachable, stopped working in the area, or no longer be available to complete the permit.
Florida law provides a path that can be relevant in some circumstances. Under Florida Statute 553.79, a property owner seeking to close a permit may retain the original contractor or hire a different contractor who is appropriately licensed in Florida to perform the work necessary to satisfy the permit conditions and obtain necessary inspections.
That does not mean every permit can be handled the same way. The local building department still determines what is required for the particular permit.
If the contractor who originally pulled the permit is no longer available, start by asking the applicable building department what it requires to complete the permit. Depending on the situation, another appropriately licensed contractor may be able to perform the work necessary for closeout.
What If the Open Permit Is From a Previous Owner?
Finding a permit associated with work performed before you owned the property can make the situation even more confusing.
The first step is still the same: identify the permit, determine why it remains open, and find out what the local building department requires.
Florida law also includes protections for certain arms-length purchasers. Section 553.79 states that a local enforcement agency may not deny a building permit, issue a notice of violation, or impose certain penalties against an arms-length purchaser for value solely because a permit applied for by a previous owner was not closed.
That does not automatically close the old permit. It does, however, reinforce why the specific permit history and circumstances should be researched before assuming what the property owner is required to do.
Can Permit Resolution Services Help With an Open Permit?
Yes. This is exactly the type of situation Permit Resolution Services helps property owners investigate and coordinate.
An old permit can involve more than simply making one phone call. Someone may need to research historical records, communicate with the municipality, determine what inspections or documentation remain outstanding, locate the appropriate professionals, and keep the process moving until the permit reaches resolution.
PRS can assist with:
- Permit research
- Open permit investigation
- Expired permit resolution
- Permit closure
- After-the-fact permitting when applicable
- Municipal communication
- Inspection coordination
- Contractor coordination
- Engineer or other professional coordination when needed
- Code violation resolution
The goal is to answer four practical questions:
What is still required? Who needs to be involved? What needs to happen next?
Frequently Asked Questions About Title Searches and Open Permits
Does a Florida title search show open building permits?
Not necessarily. A title search generally examines official or public records affecting title to the property. Building permit status is maintained by the applicable local building department. Whether permit records were separately researched depends on the scope of the services performed for the transaction.
Is a permit search the same as a title search?
No. A permit search focuses on building permit history and permit status. A title search focuses on records affecting title and ownership interests in the property.
What is the difference between a municipal lien search and a title search?
They can examine different records. A title search generally focuses on matters affecting title. Municipal research may examine additional local-government records, but exactly what is included varies by provider and by the scope ordered.
Can you sell a Florida house with an open permit?
An open permit does not automatically mean a Florida property cannot be sold. Its effect on a transaction depends on the circumstances, the permit, the jurisdiction, and the requirements of the parties involved in the transaction.
What happens if I find an open permit from a previous owner?
Research the permit first. Determine what work it covered, why it remains open, its inspection history, and what the local building department currently requires. Florida law also provides certain protections to arms-length purchasers when a previous owner's permit was not closed.
How do I find out why a permit is still open?
Contact or research the city or county building department responsible for the property. Review the permit status, inspection history, outstanding corrections, and any notes or requirements associated with the permit.
Can an old permit still cause problems years later?
It can. An unresolved permit may be discovered during a later sale, renovation, permit application, refinance, or property-record review. What must be done depends on the permit and the local jurisdiction.
How do I close an old permit in Florida?
First determine why the permit remains open. The local enforcing agency can identify what conditions, inspections, corrections, or documentation must be completed. Florida law also provides procedures that may apply to closing older or expired permits.
What if the contractor who pulled the permit is no longer in business?
Ask the local building department what it requires. Florida law allows a property owner in certain circumstances to hire a different appropriately licensed contractor to perform work necessary to satisfy permit conditions and obtain required inspections.
Who can help me resolve an open permit in Florida?
Depending on the problem, resolution may involve the building department, a licensed contractor, engineer, architect, inspector, or other qualified professional. Permit Resolution Services can help research the issue and coordinate the resolution process.
Found an Open Permit You Didn't Know About?
A title search may be complete, but that does not necessarily mean your property's permit history has been fully researched.
Permit Resolution Services can help investigate the permit, determine what remains outstanding, communicate with the applicable municipality, and coordinate the professionals and steps needed to pursue resolution.
Get Help With an Open PermitFlorida information: This article provides general educational information about permit and property-record issues in Florida. Permit requirements, records, procedures, and closeout requirements can vary by jurisdiction and property. It is not legal, title, lending, or insurance advice.
