Code Violations, Unpermitted Work and Condemned Houses: A Florida Seller’s Guide

Yes, you can sell a Florida house that has code violations, open permits, unpermitted work, or even an unsafe or condemned notice. You usually have four options: fix and permit the problems, legalize the work after the fact, negotiate the fines with your city or county, or sell the house as-is to a cash buyer. Code enforcement liens normally have to be paid or settled before or at closing, so the best choice depends on your budget, your timeline, and how serious the problems are.

This guide explains how code enforcement generally works in Florida, what buyers and lenders look for, and how to choose a path. Rules, fines and deadlines vary by city and county. For your situation, call your local code enforcement office or building department and talk with a real estate attorney. This article is general information, not legal advice.

What Counts as a Code Violation, Open Permit or Unpermitted Work?

These three problems often overlap, but they’re different.

Code violations

A code violation means the property doesn’t meet local rules for safety, building standards, zoning or upkeep. Common examples include:

• Overgrown yards, junk or abandoned vehicles
• Damaged roofs, broken windows or unsafe stairs and porches
• Pool barrier or fencing problems
• Work done without a permit
• Using the property in a way zoning doesn’t allow

Open permits

An open permit is a permit that was pulled but never closed out with a final inspection. The work may be finished and done well, but the building department’s records still show it as incomplete. Open permits often turn up when a buyer’s agent or title company runs a permit search.

Unpermitted work

Unpermitted work is any repair, addition or change made without the required permit. In Florida, common examples include:

• Garage conversions
• Enclosed porches or patios
• Room additions
• Electrical, plumbing or HVAC work
• Roof replacements, sheds and fences

Many owners learn about unpermitted work years later, often because a previous owner did it. It still matters because permits and inspections exist to confirm the work is safe.

How Code Enforcement Works in Florida

Florida law (Chapter 162 of the Florida Statutes) gives cities and counties a framework for code enforcement. Each local government sets its own procedures, fines and deadlines. The general process looks like this.

1. Notice of violation

An inspector visits the property, usually after a complaint or a routine check, and sends a notice. The notice describes the problem and gives you time to fix it.

2. Hearing

If the problem isn’t fixed, the case may go to a hearing before a code enforcement board or special magistrate. You can attend, explain your situation and sometimes ask for more time.

3. Daily fines

If the board finds a violation and it isn’t corrected by the deadline, fines can be imposed. Fines often run per day until the property is brought into compliance, so they can grow quickly. Your local office can tell you how fines work where you live.

4. Code enforcement liens

An order imposing fines can be recorded in the public records and become a lien on the property. Liens can show up on a title search and usually must be paid, reduced or released before or at closing. The rules on how liens attach and how they can be enforced are technical, including for homestead property, so ask an attorney about your case.

Unsafe and condemned houses

A house can be posted unsafe or condemned when officials decide it’s dangerous to live in. Common reasons include structural damage, fire damage, a failing roof, no working utilities, sewage problems or severe neglect. Once a house is posted, people generally can’t live there until it’s repaired and cleared. Some local governments can also secure or demolish a dangerous structure and charge the cost to the owner, often as a lien.

If you’re a neighbor worried about an unsafe house, contact your city or county code enforcement office. They decide whether to inspect and what action to take.

Do You Have to Disclose Code Violations in Florida?

In general, Florida sellers are expected to disclose known issues that materially affect a home’s value and aren’t easy for a buyer to see. Open code cases, unpermitted additions and liens often fall into that category. Florida law also has specific steps when a property with a pending code enforcement case changes hands. Talk with your attorney and your code office before you list or sign a contract. Being upfront protects you and helps avoid a deal falling apart later.

What a Buyer’s Lender and Inspector Will Flag

If your buyer is financing the purchase, expect these issues to come up:

• Home inspection: Inspectors often notice signs of unpermitted work, such as a converted garage with no permit history, wiring that doesn’t look professional, or a porch enclosure that doesn’t match the original structure.
• Permit search: Open or expired permits can delay closing until they’re resolved.
• Appraisal: Unpermitted square footage may not count as living area, which can lower the appraised value.
• Loan requirements: Many loan programs have minimum property condition standards. Safety issues may have to be fixed before closing, and a condemned house is usually very hard to finance.
• Title and insurance: Recorded liens show up in title work, and insurers may hesitate to cover a home with roof, electrical or structural problems.

Any of these can lead to repair requests, a lower price or a buyer walking away.

Your Options

Option 1: Fix the problems and close the permits

Hire licensed contractors, pull permits, pass inspections and get the code case closed. This can bring the best price on the open market. The tradeoff is cost, time, and the risk of finding more problems once work starts.

Option 2: Legalize work after the fact

Many building departments allow after-the-fact permits for unpermitted work. This may require drawings, an engineer’s review, and opening walls or ceilings so inspectors can see the work. If the work can’t meet code, you may have to change it or remove it. Ask your building department what they require before you spend money.

Option 3: Negotiate the fines

Some cities and counties will consider reducing fines or releasing liens, often after the property is brought into compliance. The process, fees and outcomes differ from place to place, and nothing is guaranteed. An attorney can help you request a reduction or check whether a lien was properly recorded.

Option 4: Sell as-is to a cash buyer

If you don’t have the money, time or energy to fix things, you can sell the house as-is. A cash buyer doesn’t need lender approval, so unpermitted additions and open code cases usually don’t stop the sale the way they can with a financed buyer. The tradeoff is that the offer reflects the property’s condition. It’s worth comparing more than one offer and reading every contract carefully, just as you would with any buyer.

How Golex Properties Handles These Houses

Golex Properties buys houses in Florida with open code violations, unpermitted work and many condemned properties, as-is. Here’s how it works:

• No repairs and no cleanup. You don’t need to fix violations or close permits first.
• No fees or commissions. Golex pays the closing costs.
• Liens are paid at closing. Code enforcement liens, fines, back taxes and mortgage balances are paid from the sale proceeds.
• A written cash offer in as little as 10 minutes.
• A predictable timeline. A typical sale takes about a month, or as little as 7 days once the title is clear. Recorded liens can take extra time to sort out, and the team will explain what to expect.
• Flexible move-out. If the home is livable, you may be able to stay after closing under a post-occupancy agreement.
• Inherited house? Golex can refer you to probate attorneys.

Golex has bought 2,784 homes since 2017. The team has more than 15 years of experience, and the company is led by a licensed Florida real estate broker. It holds an A rating with the BBB and a 5.0 rating from 202 Google reviews.

Frequently Asked Questions

Can I sell my house with an open code enforcement case?

Generally, yes. Florida has specific disclosure and notice steps when a property with a pending case is sold, so check with your code office and an attorney. Cash buyers like Golex regularly buy houses with open cases.

Who pays the code enforcement lien when I sell?

Liens are usually paid from the seller’s sale proceeds at closing, unless they’ve been reduced or released first. With Golex, liens and fines are paid from the proceeds at closing.

Will unpermitted work lower my home’s value?

It can. Unpermitted space may not count in an appraisal, and buyers often ask for a discount or for the work to be permitted.

Can I sell a condemned house in Florida?

Often, yes. You usually can’t sell it to a buyer who needs a traditional mortgage, but many cash buyers and investors buy condemned properties. Golex buys many of them as-is.

Can the city reduce my code enforcement fines?

Some local governments have a process to request a reduction, often after the violation is fixed. Results vary, so contact your local code enforcement office or an attorney.

Do I need to close open permits before selling?

Not if you sell as-is to a cash buyer. Financed buyers and their lenders often require it.

Get Your Cash Offer

If code violations, unpermitted work or a condemned notice are standing between you and a sale, Golex Properties can give you a written cash offer for your Florida house as-is. Call (844) 697-9737 to talk it through.