Unpermitted work may be resolvable, depending on zoning, code requirements and what the building department will approve. Your main options are permitting it after the fact, disclosing it and adjusting the price, or selling to a cash buyer who takes the house as is.
Unpermitted work is one of the most common surprises in a home sale, and some cases require removal or substantial corrective work. The key is to deal with it up front instead of letting a buyer’s inspector or lender find it.
What counts as unpermitted work
Work that required a permit and did not get one. Common examples in Central Florida:
Enclosed garages, lanais, or patios turned into living space
Room additions
Electrical, plumbing, or A/C replacements
Roof replacements and water heaters
Windows, doors, and fences
Why it matters at sale
Disclosure. Florida law requires sellers to disclose known facts that materially affect a home’s value and are not readily observable. If you know about it, you generally have to say so.
Lenders, appraisers, and insurers. Unpermitted square footage may not count toward value, and some lenders and insurers will not move forward on a property with open problems.
Buyer leverage. Once a buyer knows, they will ask for a lower price, a repair, or a walk.
Your options
Permit it after the fact. Contact the city or county building department. They will tell you what is needed. Expect inspections and sometimes opening up walls. Cost and time vary, so get answers before you list.
Disclose and adjust the price. Some buyers will take it with a reduction.
Sell to a cash buyer who takes it as is. A cash buyer may accept the condition, but the sale does not legalize the work or eliminate enforcement obligations. Confirm any required corrective action with the building department.
Undo the work. Rarely practical, but sometimes the cheapest route.
What not to do
Do not hide it. Concealing a known issue can create legal exposure after closing.
Do not guess what the county will require. Ask them.
Do not start new work without a permit to “clean it up.”
What to do this week
Gather what you know: who did the work, when, and any invoices. Check your property’s permit history with the city or county. Then compare the cost and time of fixing it against what a buyer would discount.
If you want the numbers on all three paths, send me the address.
Disclosure: I am a licensed REALTOR with eXp Realty, and I also invest in homes through my own company. If I am ever the buyer, I will tell you in writing before you decide.
General education, not legal, tax or investment advice. Discuss your circumstances with a licensed Florida attorney or tax professional. Yoganand Ganeshram PA, licensed Florida real estate agent with eXp Realty. Equal Housing Opportunity.
Local reference: Orange County permitting FAQs. Retaining unpermitted work can require approved plans, permits, inspections and opening finished surfaces. A sale alone does not resolve violations.
Originally published on Equity Edge Orlando. Reviewed for this Substack edition.