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Old Permit, New Problem: Who Is Actually Responsible for Closing It in 2026?

An old permit from years ago can suddenly become the biggest obstacle in a real estate transaction, refinancing process, insurance renewal, or building compliance review. What makes the situation more frustrating is the confusion around responsibility. Many owners assume the contractor should have closed the permit. Contractors often argue that their work was finished long ago. Meanwhile, the county record still shows the permit as open.

So who is actually responsible for closing an old permit in 2026, the owner or the contractor?

The answer is not always what property owners expect, and misunderstanding it can cost time, money, and leverage.

How Building Permits Work in Miami-Dade

When a building permit is issued in Miami-Dade County, it is linked to both the property and the licensed contractor listed on the application. The contractor is typically responsible for performing the work and scheduling required inspections. However, the permit ultimately remains attached to the property itself.

You can verify permit status through the Miami-Dade Permit Tracking Tool.

Permits are not automatically closed when work is finished. They remain open until all required inspections are passed and the county marks the permit as finaled.

This is where the confusion begins.

The Contractor’s Responsibility During Active Work

uring construction, the licensed contractor has a professional obligation to complete the work according to code and schedule the necessary inspections. Under Florida licensing laws, contractors are expected to perform permitted work properly and follow through with final approvals.

You can review contractor licensing requirements through the Florida Department of Business and Professional Regulation.

If a contractor fails to schedule final inspections before the job ends, they may have breached their contractual duty. However, enforcement of that dty depends on contracts, timelines, and the contractor’s current license status.

In practice, many contractors close their companies, change businesses, or simply move on.

Why the Property Owner Ultimately Bears the Burden

Even if the contractor failed to close the permit, the responsibility for resolving it almost always falls on the current property owner.

This is because the permit is attached to the property record, not to the contractor’s business. When an old permit surfaces during a sale, refinance, or inspection, the county does not pursue the former contractor first. The county expects the owner of record to resolve the issue.

This reality surprises many sellers who assumed that because the work was completed years ago, the matter was closed.

Unfortunately, county systems do not operate on assumptions.

What Happens When the Contractor Is No Longer Available

In many cases, the contractor who originally pulled the permit is no longer active. The license may be expired. The business may have dissolved. The individual may have moved out of state.

When this happens, the owner must request a permit reassignment or hire a new licensed contractor to assume responsibility for the open permit.

This process typically involves submitting affidavits, providing updated license documentation, and sometimes reactivating the permit if it has expired.

The official ePermitting system can be accessed here.

This administrative process can take time and often requires coordination with inspectors and city officials.

Why Old Permits Resurface in 2026 More Than Ever

In 2026, regulatory scrutiny in South Florida is higher than ever. Insurance companies are reviewing properties more carefully. Lenders are tightening underwriting standards. Condo milestone inspections are uncovering decades of overlooked compliance issues.

Old permits that might have gone unnoticed in the past are now being flagged regularly.

During property sales, title companies check municipal records. During refinancing, lenders verify compliance. During inspections, open permits become red flags.

Ignoring an old permit no longer works as a strategy.

Legal Perspective: Contractual vs Practical Responsibility

Legally, responsibility may be shared. If a contract clearly states that the contractor must close the permit, the owner may have grounds to pursue reimbursement or damages.

Practically, however, the owner must act first. The county will not delay enforcement or a transaction while parties debate fault.

This is the difference between theoretical responsibility and operational responsibility.

In real estate transactions, operational responsibility wins.

What Owners Should Do Immediately When an Old Permit Is Found

First, confirm the permit details and scope of work using the county database.

Second, gather any documentation available, including contracts, invoices, and approved plans.

Third, determine whether the original contractor is still licensed and willing to cooperate.

Fourth, if necessary, hire a new licensed contractor to assume the permit and schedule required inspections.

Fifth, address any code corrections identified during inspection.

Each of these steps must be handled carefully to avoid additional delays.

The Cost of Waiting

Delaying action rarely improves the situation. In fact, the longer a permit remains open, the more complicated it may become.

Building codes change. Inspection standards evolve. Access to documentation becomes harder over time.

In some cases, inspectors may require upgrades to meet current standards before closing the permit.

What might have been a simple final inspection years ago can turn into a more complex correction process today.

Why Condo Associations Face Even Greater Exposure

For condominium buildings, responsibility becomes even more complex. Common area permits may have been pulled by prior boards or vendors. Documentation may be incomplete. Multiple unit owners may be affected.

When old permits are discovered during milestone inspections or unit sales, associations must act quickly.

Failure to resolve open permits can affect multiple transactions and expose the association to liability.

This is why systematic permit tracking and professional oversight are essential for multi unit properties.

How Cosmo Helps Clarify and Resolve Old Permit Responsibility

Determining responsibility is only the first step. Resolving the issue efficiently is what actually protects property value.

Cosmo Management Group specializes in navigating these situations. We assess permit records, identify the appropriate course of action, coordinate with licensed contractors, communicate with county departments, and oversee inspections until permits are officially closed.

Instead of leaving owners and boards to manage bureaucratic processes alone, Cosmo provides structured guidance and hands on coordination.

Our goal is not simply to close a permit, but to eliminate uncertainty so transactions and compliance processes can move forward confidently.

Conclusion

In 2026, when an old permit surfaces, the practical responsibility almost always falls on the current property owner, even if the contractor originally failed to close it.

Understanding this reality early prevents frustration, legal confusion, and closing delays.

If you are facing an unresolved permit and are unsure how to proceed, Cosmo Management Group is here to help. With expertise in permitting, inspections, contractor coordination, and compliance, we guide owners and associations through the resolution process efficiently and professionally.

👉 Do not let an old permit become a new problem. Connect with Cosmo today and discover how we help property owners resolve permit issues, protect transactions, and maintain full compliance with confidence.

FAQs About Old Permits and Responsibility

Who is responsible for closing an old building permit in Miami-Dade
The current property owner is typically responsible for resolving open permits, even if a contractor originally pulled the permit.

Can I force the original contractor to close the permit
If the contractor is still licensed and contractually obligated, you may request cooperation, but the county expects the owner to resolve the issue.

What happens if a contractor is no longer active
The owner must hire a new licensed contractor to assume the permit and complete required inspections.

Do old permits affect property sales in 2026
Yes. Lenders and title companies frequently require open permits to be resolved before closing.

How can Cosmo help with old permits
Cosmo manages permit reviews, contractor coordination, inspections, and closure to ensure compliance and protect property value.

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