An open permit is a permit that was issued and never closed with a final inspection. An expired permit is one whose time ran out first. Both are common on South Florida properties: a service change finaled everywhere but the paperwork, a remodel whose contractor left before the last inspection, a generator permit that simply lapsed. They surface at the worst moments, usually during a sale or right when you file for a new permit on the same property.
Florida law has a specific section for this, and it is friendlier to owners than many people expect. This guide explains what it says, how the process works in practice for electrical permits, and why buyers and builders should check before they commit. It is general information, not legal advice. For a sale or a dispute, talk to your real estate attorney, and for the permit itself, the building department with jurisdiction has the final word. For the wider permitting picture, see our South Florida electrical permits guide.
What Florida law says
The rules are in section 553.79(16) and (17) of the Florida Statutes. In summary:
- Any property owner can close a permit. That is true whether or not the owner is the person listed on the permit application. "Close" means the permit's requirements have been satisfied.
- The owner can keep the original contractor or hire a new one. A different contractor licensed in Florida can do the work needed to satisfy the permit and get the inspections. That new contractor is not liable for defects in the original contractor's work, only for the work it performs.
- The owner can act as owner-builder, within the owner-builder rules in 489.103(7) and 489.503(6) (F.S. 489.503).
- An expired permit whose work is substantially complete can be closed without a new permit. The local enforcement agency decides whether the work is substantially complete. If it is, the remaining work can be done under the building code in effect when the agency received the original application, unless an alternative material or method was approved.
- The 6-year rule. A local enforcement agency may close a permit 6 years after it was issued, even without a final inspection, if it determines that no apparent safety hazards exist. "May" is the key word: it is the department's option, not an automatic closing.
- Buyers are protected. A building department may not deny a permit to, cite, fine or penalize an arm's-length purchaser for value solely because a permit applied for by a previous owner was not closed. It keeps its remedies against the owner and contractor on that permit. Nor may it deny a contractor a permit solely because the contractor is listed on other permits that were not closed.
Why the code edition matters for electrical
The substantially-complete rule lets the remaining work follow the code in effect at application. That matters now. Florida's 8th Edition building code, which uses NFPA 70-2020, is in force, and the 9th Edition is proposed to take effect December 31, 2026 (proposed rule 61G20-1.001). An expired electrical permit from an older cycle can often be finished to its own code rather than redesigned, but only if the department agrees the work is substantially complete. If it does not, a new permit under the current code may be needed. Broward's county guide, for example, says an expired permit can be renewed within 180 days of expiring, and after that a new permit under the current code is needed (Broward permit guide).
How it works in practice for an electrical permit
- Find it. Search the permit history for the property. In Miami-Dade that means the county menu for unincorporated addresses or the city portal for everything else; our permit search walkthrough covers the steps.
- Read the inspection history. Which inspections passed? A permit with rough approved and no final is a very different job from one with no inspections at all.
- Have a licensed electrical contractor look at the work. The question is whether what is installed matches the permit and the code it was permitted under, and what is left to do.
- Change the contractor of record if needed. Each department has its own process. Miami Beach, for example, uses a change of contractor application in Civic Access, and allows the owner to act as contractor where only finals are pending (Miami Beach expired permits and renewals).
- Renew, complete or reopen. The name varies: the City of Miami offers a "Completion" giving 180 days on an expired permit (City of Miami extension or completion); Miami Beach renews for 180 days from expiration; Boca Raton allows one renewal or an extension before expiry (Boca Raton, renewing expired permits).
- Correct anything that needs it, then call the inspections. The permit is closed when the final passes.
Miami-Dade's expired permit check
Unincorporated Miami-Dade has a specific form, the Request for Expired Permit Check, signed and notarized by the owner or the contractor (Miami-Dade Request for Expired Permit Check). The form says open or expired permits issued before 1998 require an expired permit check inspection to verify the scope of work against that year's Florida Building Code and NEC. It also says that if a recent permit was pulled for the same scope, you do not need the form; instead you file a Request for Permit Cancellation using the "Superseded by Another Permit" option. The Trade Inspection Section handles these at 786-315-2000.
Why it matters in a sale
- Buyers. The statute keeps the building department from penalizing you for a previous owner's open permit, but it does not make the underlying work right. If the electrical work behind the permit was never inspected, you may be the one paying to open walls. Check before closing, and let your attorney decide how to handle it in the contract.
- Sellers. Closing old permits before listing removes a negotiation point. Many are paperwork, a final that was never called, and close once someone schedules and passes it.
- Builders and remodelers. An open permit on the property can complicate your new one. Price closing it into your scope, or make the owner deal with it before you start.
- Insurers and lenders may ask about open permits. What they require is between you and them; the permit record is what they will look at.
Single-family permits now last longer
Fewer single-family permits should expire in future. From July 1, 2026, section 553.79(1)(c) makes a single-family permit expire one year after issuance or when the next Florida Building Code edition takes effect, whichever is later, replacing the old 180-day default. Local governments may send notices at least 30 days before expiration and may extend. More in our post on Florida permit expiration rules for 2026.
Questions builders ask
Can a new electrician close a permit another electrician pulled?
Yes. Florida law lets the owner hire a different licensed contractor to satisfy the permit and get the inspections, and that contractor is liable only for its own work. The department will have its own change-of-contractor process.
Will an open permit from the previous owner stop me getting a new permit?
Not if you bought the property in an arm's-length sale for value: the statute bars the department from denying you a permit solely for that reason. The old work may still need attention.
Does a permit close itself after 6 years?
No. The department may close it after 6 years if it finds no apparent safety hazard. It is a discretionary option, so ask the department rather than waiting.
Is this legal advice?
No. This is a contractor's summary of the statute and published department procedures. For a transaction, speak with a real estate attorney.
Have an open electrical permit to close?
KRW Electric (EC13012832) handles the permit and inspections on its jobs, and closing out open electrical permits often starts with a safety inspection and ends with code violation correction. Serving Miami-Dade, Broward and Palm Beach. Send us the permit number and address or call (305) 359-7312.
Reviewed by Kyle White, KRW Electric Company LLC — licensed electrical contractor EC13012832.
