After-the-fact permits for unpermitted work.
Already built in Miami-Dade or Broward? Start by finding out whether it can be legalized as built, needs modification, or requires a different resolution.
Quick answer: An after-the-fact permit is a process used to seek approval for work completed without the required permit. The property record, existing conditions, jurisdiction, and current requirements determine whether the work may be approved as built, must be modified, or cannot remain in its current form.
Permit Solutions Services reviews the property record and visible conditions before recommending drawings or filing work. That first viability check is designed to keep you from paying for the wrong path.
Does any of this describe your property?
- You received a notice, inspection comment, or code-enforcement letter.
- A sale, refinance, insurance review, or property-record search surfaced work with no closed permit.
- A prior owner or contractor completed the work and left you without plans or permit records.
- The work is already concealed behind walls, below grade, or inside a finished structure.
- You are unsure whether the work can stay as built, or what it will take to resolve it.
Waiting can allow an enforcement matter to advance or leave too little time when a transaction creates a deadline. The safest first move is not demolition or drawings. It is a case-specific viability review.
An after-the-fact permit is the legal pathway for existing work.
Existing work may be eligible for an after-the-fact permit when it can be documented, reviewed against the applicable current requirements, and made available for inspection. Additional or increased fees vary by jurisdiction and must be confirmed from the applicable municipal fee schedule. Some work can be approved as built, some requires modification, and work that cannot be brought into compliance may need to be removed.
A specialist’s job here is honest viability: telling you on day one which condition you have.
What property owners bring us most often.
Pergolas and outdoor structures
Pergolas, gazebos, and freestanding shade structures are frequently discovered without a closed permit. Depending on the structure and jurisdiction, the resolution may involve existing-condition drawings, structural review, wind-load documentation, product information, modification, and an after-the-fact filing.
Enclosed terraces and converted patios
Outdoor terraces converted to conditioned interior space: a common Miami case. Legalization is more complex because the work must meet residential code for mechanical (HVAC), electrical, egress, and energy. Some conversions are fully legalizable; some require partial modification.
Garage conversions to living space
Often discovered at sale. Legalization requires meeting egress (window size), ventilation, electrical load, and life-safety code for habitable space. Some conversions can be permitted as habitable; others must be permitted as flex space (not bedrooms) or restored to garage use.
Fences and walls
Fences or walls built without permits, outside an allowed location, or beyond a jurisdiction’s dimensional limits may require a survey, drawings, and review of the applicable zoning and building requirements. Some can be permitted as built; others need alteration or a separate approval path.
Windows, doors, and impact installations
Window and door replacements, especially impact-rated installations in Miami-Dade’s HVHZ, often done without permits. Legalization requires verifying product approval (Florida Building Code NOA), documenting the installation, and filing retroactively.
Not every after-the-fact case is legalizable.
Some unpermitted work cannot meet current code without removal. A garage conversion missing required egress. A pergola too close to a property line. A structure exceeding lot coverage. We tell you that on day one: before you spend money on drawings.
The conversation goes one of three ways:
Honesty is faster than optimism. We tell you on day one.
A typical after-the-fact filing produces these documents.
A document flow, not a list of steps. Each item is a deliverable we coordinate.
- 01Site visitSpecialist documents existing conditions with photos and measurements.
- 02As-built drawingsWhen required, existing conditions are drafted to the standard requested by the reviewing jurisdiction.
- 03Engineering reviewA Florida PE reviews the conditions and prepares engineering documentation when the scope requires it.
- 04Product approval docsFor windows/doors/roof, Florida Building Code NOA documentation.
- 05Permit applicationAfter-the-fact permit submittal to the appropriate municipality.
- 06Plan-review responsesWe address any corrections issued by the reviewer.
- 07Final inspectionWe schedule, attend, and resolve field corrections.
- 08Closed permitThe permit is finaled and recorded against the property.
The permit fee is only one part of the resolution.
A responsible estimate starts with the property and scope. The total can change based on the reviewing jurisdiction, the records already available, the drawings or professional documentation required, whether finished work must be exposed, whether corrections are needed, and any permit or enforcement fees assessed by the authority having jurisdiction.
We review those drivers first, then provide a written resolution path and estimate before you decide whether to proceed.
Coral Gables • Inherited Pergola Legalization • Closed 2024 “We bought a house with a beautiful 12×16 pergola the prior owner had built without a permit. Permit Solutions coordinated the engineering, filed retroactively, and we passed final inspection in eleven weeks. Now it’s on the property record properly.”
After-the-Fact Permits: Common Questions
What is an after-the-fact permit?
An after-the-fact permit is a process used to seek approval for construction that was completed without the required permit. Approval depends on the property record, existing conditions, applicable requirements, documentation, and inspections required by the reviewing jurisdiction.
How does the after-the-fact permit process work?
In general: we pull the property records, prepare the application and any required plans, submit for the after-the-fact permit, and schedule the inspections needed to verify the work meets code. If anything doesn't comply, it's corrected, then the permit is finaled and closed.
Do after-the-fact permits cost more than regular permits?
They can. Some jurisdictions assess additional or investigative fees for work performed without a permit. The total may also include records research, drawings, professional documentation, exposure of concealed work, corrections, and inspections. The applicable authority’s current fee schedule and the specific scope must be reviewed before estimating cost.
Can I sell my house with an open permit or unpermitted addition?
A sale may still be possible, but an open permit or unpermitted improvement can surface during municipal, lien, title, lender, insurer, or buyer due diligence and may need to be addressed before the transaction proceeds. Requirements vary by transaction and property, so confirm them with the appropriate title, lending, legal, and municipal professionals.
What if the unpermitted work is already covered up?
Concealed work, meaning anything behind drywall, underground, or inside a finished structure, may require partial exposure, testing, photographs, records, or professional documentation before the jurisdiction can verify it. The reviewing authority determines what evidence and inspections are acceptable for the specific case.
How long does an after-the-fact permit take?
It varies with the scope of work and the jurisdiction's review times, but the process moves fastest when the application is complete and correct the first time. Getting the records, plans, and paperwork right up front is where we save clients the most time.
Send us photos and the address.
The first conversation costs nothing. Send a few photos of the existing condition and your property address. A specialist returns the viability assessment and resolution path within one business day.