Already built. Not yet permitted. Still resolvable.
After-the-fact permits in Miami-Dade & Broward, Florida.
An after-the-fact permit is the legal mechanism under Florida Building Code for bringing existing unpermitted construction into compliance. Rather than requiring demolition, the process allows a property owner to file a retroactive permit application, submit as-built drawings and engineering documentation, and pass inspection against current code standards. Miami-Dade and Broward building departments accept after-the-fact applications for most residential work: pergolas, enclosed terraces, garage conversions, fence overbuilds, and impact-product installations. The permit carries a fee multiplier — typically 2x to 4x the standard rate — and may require partial uncovering of finished work so an inspector can verify structural connections and fastener placement. Roughly 70% of cases are fully legalizable as-built; about 20% require minor modification; about 10% must be removed. Resolution typically runs 8 to 16 weeks for residential cases in Miami-Dade.
An after-the-fact permit is the legal pathway for existing work.
Florida Building Code allows existing work to be permitted retroactively — at the time of submittal — provided it meets current code, can be documented through as-built drawings, and passes inspection. The application carries a higher fee multiplier (often 2×–4×) than a standard permit, and the inspector has more discretion. But the path exists. The alternative — remove and rebuild under permit — is reserved for work that fundamentally cannot meet code.
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
The most common case. Pergolas, gazebos, and freestanding shade structures built without permits — typically by prior owners or unlicensed installers. Legalization requires foundation letter, structural drawings, wind-load calculations, and an after-the-fact permit filing. Most pergolas under 200 sq ft are straightforward; larger spans require structural engineering.
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 over height limit
Fences exceeding municipal height limits (typically 6 ft in side/rear yards, 4 ft in front) or built without setback compliance. Legalization usually requires a survey, drawings, and either a variance application (if eligible) or partial alteration to bring into compliance.
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 drawingsExisting conditions drafted to permit-ready standard by a draftsperson.
- 03Engineer’s letterA Florida PE certifies structural adequacy (required for most structures).
- 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.
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 legalizes construction that was already completed without the required permit. It brings previously unpermitted work — an addition, fence, roof, electrical, or remodel — onto the official record after the fact, so the property passes inspection and clears any related violation.
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?
Usually, yes. Because the work was done without a permit, most Miami-Dade jurisdictions add a penalty or investigative fee on top of the standard permit fee. The added cost is still almost always far less than an unresolved violation that turns into daily fines or a lien.
Can I sell my house with an open permit or unpermitted addition?
It's difficult. Open permits and unpermitted work appear in the municipal permit and lien search, and title companies and lenders often require them resolved before closing. Legalizing the work with an after-the-fact permit first removes the obstacle and protects the sale price.
What if the unpermitted work is already covered up?
Concealed work — anything behind drywall, underground, or inside a structure — can often still be permitted, but the county may require it to be partially exposed for inspection or certified by a licensed engineer or architect. We advise on the least invasive compliant path for your specific situation.
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.