Open Permits in Brevard County: What Sellers Need To Know

Dated: May 11 2021

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Open Permits in Brevard County: What Sellers Need To Know

Open building permits are not uncommon in residential closings; however, they can be problematic for both sellers and buyers. This is because an open permit remains with the property — not the party who originally opened it — and can potentially hinder a smooth closing. If you plan to sell your house in Brevard County, Space Coast, Central Florida or the surrounding area and want to learn more about open permits and how they might affect your real estate sale, keep reading.

Open Permits in Brevard County

What Is an Open Permit in Brevard County?

An open permit is a building permit issued by a County or Municipal building department that has not been formally finalized (or "closed out") — in this case, Brevard county. Typically, to close an open permit, a final inspection and approval of the building work are required. This final inspection ensures that all work has been completed to establish building and health and safety standards. If a final inspection isn't completed within the required time frame by the issuing department, the permit remains open. 

Why Are Open Permits a Problem In Brevard County?

Open permits can cause issues during a real estate sale because they typically require money and time to close out. Most buyers will not be willing to close on a home with open permits, as once the deal closes, the open permits become their problem. 

The party responsible for closing out any open permits depends on the sales agreement that is used. According to the standard Florida FAR/BAR residential sale contract, the seller is required to close all open permits at their own cost. In the "AS IS" Florida contract, the buyer is responsible for closing out any open permits; however, the seller must provide any documentation and information they have to assist the buyer.

How Do You Know If A Home Has An Open Permit?

A title company usually completes open permit searches as part of the buyer's standard due diligence. This is typically done at the same time as other lien searches. If you're selling your home in Brevard County and know you have an open permit, it can be a good idea to get all of your title issues in order before you list. Some title companies and real estate attorneys may advise buyers not to close on a home with open permits, so it pays to plan ahead. 

What Do I Find An Open Permit In Brevard County?

If you uncover an open permit on your home during the real estate sales process, it's important to rectify it as soon as possible so that it doesn't interfere with closing. Typically the title company or attorney who uncovers the open permit will detail what it is about and how you can resolve it. 

When dealing with an open permit, it's essential to reach out to the county where the permit was opened and work with them towards closing it. If a contractor completed work and simply forgot to close out the permit, you could ask them to take the steps needed to close it. 

Dealing With Open Permits in Brevard County

If you plan to sell your Florida home but are worried about open permits, it's crucial to seek advice from an experienced Florida real estate agent and title company or real estate attorney. Licensed Florida real estate agents, title companies, and real estate attorneys deal with open permits often and can help you successfully close them out.

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