Practice area • After-the-fact permits

Already built. Not yet permitted. Still resolvable.

A pergola installed before you owned the property. An enclosed terrace from twenty years ago. A garage conversion the prior contractor never permitted. After-the-fact permits exist for exactly this — bringing existing work into compliance through retroactive documentation and review. Most of it is legalizable. The work is in figuring out which parts.

The term explained

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 we legalize

What property owners bring us most often.

01

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.

02

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.

03

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.

04

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.

05

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.

Something most firms won’t tell you

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:

1. Fully legalizable — File as-built drawings, retroactive permit, pass inspection. ~70% of cases.
2. Legalizable with modification — Pull the over-height portion of a fence; replace one window to meet egress; remove a non-conforming feature. Then file. ~20% of cases.
3. Must be removed — The work cannot meet code. We’ll tell you, and we won’t take the case past that conversation. ~10% of cases.

Honesty is faster than optimism. We tell you on day one.

What the file looks like

A typical after-the-fact filing produces these documents.

A document flow, not a list of steps. Each item is a deliverable we coordinate.

  1. 01
    Site visit
    Specialist documents existing conditions with photos and measurements.
  2. 02
    As-built drawings
    Existing conditions drafted to permit-ready standard by a draftsperson.
  3. 03
    Engineer’s letter
    A Florida PE certifies structural adequacy (required for most structures).
  4. 04
    Product approval docs
    For windows/doors/roof — Florida Building Code NOA documentation.
  5. 05
    Permit application
    After-the-fact permit submittal to the appropriate municipality.
  6. 06
    Plan-review responses
    We address any corrections issued by the reviewer.
  7. 07
    Final inspection
    We schedule, attend, and resolve field corrections.
  8. 08
    Closed permit
    The permit is finaled and recorded against the property.
Recent case
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.”
Homeowner • Case facts authorized for publication
Read the full case study
Start with a photo

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.

Call 305-600-9422 Request Review