14
jan

Open vs. Expired Permits: The Hidden Risk That Can Freeze Your Property Overnight

Most property owners and condo boards assume permits are either active or closed. In reality, there is a dangerous gray area that causes serious legal, financial, and operational problems: open permits and expired permits.

They are not the same thing. They do not carry the same risks. And they are not fixed in the same way.

Yet in Miami-Dade and across Florida, open and expired permits are one of the most common reasons for delayed closings, failed refinancing, insurance complications, and compliance issues during inspections.

This guide explains the real differences between open and expired permits, why both are risky, and how to fix them before they turn into a costly crisis.

What Is an Open Permit

An open permit is a permit that was issued by the county but never finalized. The work may be partially completed, fully completed, or even abandoned, but the required inspections were never passed and the permit was never closed.

In Miami-Dade, an open permit remains permanently attached to the property record until it is officially closed by the Building Department.

You can check whether a property has open permits using the Miami-Dade Permit Tracking Tool:

Open permits usually exist because a contractor failed to schedule a final inspection, the project scope changed mid-work, or the owner assumed the permit closed automatically once construction ended.

None of those assumptions are correct.

What Is an Expired Permit

An expired permit is different. It is a permit that became inactive because no work or inspections occurred within the allowed timeframe, usually 180 days.

Miami-Dade issues permits with strict timelines to ensure construction complies with current safety standards. If inspections are not scheduled within the required window, the permit expires automatically.

You can review permit validity rules through the Miami-Dade Permitting Portal:

An expired permit may still show completed work, but from the county’s perspective, it is no longer valid and must be renewed or reactivated before any closure can occur.

The Key Differences Between Open and Expired Permits

Open permits are active but incomplete.
Expired permits are inactive and incomplete.

That distinction matters because it affects how the county treats the issue and what steps are required to resolve it.

An open permit may only require a final inspection and corrections.
An expired permit may require reactivation, updated plans, new fees, and compliance with newer building codes.

Both create risk. Expired permits often create more work.

Why Open Permits Are Dangerous

Open permits create silent risk. They do not generate alerts. They sit quietly in county databases until something triggers scrutiny. Common triggers include property sales, refinancing, insurance renewals, milestone inspections, reserve studies, and code enforcement sweeps.

When an open permit is discovered, consequences can include delayed closings, forced inspections, required demolition to expose work, fines, and legal disputes between owners and associations.

Insurance carriers may deny claims related to work tied to open permits. Lenders may refuse to close loans. Buyers may walk away entirely.

For condo associations, open permits can expose boards to liability for failure to maintain proper records and compliance.

Why Expired Permits Are Even Riskier

Expired permits introduce uncertainty. The longer a permit has been expired, the more likely it is that building codes have changed since the work was performed.

That means inspectors may require upgrades even if the work was acceptable at the time it was completed.

Examples include electrical grounding updates, plumbing venting changes, fire safety labeling, or structural reinforcement.

Expired permits can also trigger full plan reviews, additional engineering reports, and higher fees.

In some cases, work must be partially removed so inspectors can verify compliance.

How to Fix an Open Permit

Fixing an open permit usually follows a predictable path.

First, confirm the permit status and scope of work using the county database.
Second, gather all available documentation including plans, invoices, and contractor details.
Third, contact the original contractor if they are still licensed. Miami-Dade prefers original contractors to complete final inspections when possible.
Fourth, schedule the required inspections through the Miami-Dade Inspections Portal:

Fifth, complete any corrections required by the inspector.
Finally, obtain confirmation that the permit has been finalized and closed.

Open permits are often resolved faster than expired ones if documentation exists and the work meets current standards.

How to Fix an Expired Permit

Expired permits require additional steps.

You must first reactivate or renew the permit through the Miami-Dade ePermitting system:

Reactivation may require updated drawings, affidavits from contractors or engineers, and payment of renewal fees.

If codes have changed since the permit was issued, inspectors may require upgrades before approving closure.

In older buildings, especially condominiums, expired permits often require engineering verification due to new safety regulations.

Why Condo Associations Are Especially Exposed

Condo buildings accumulate permits over decades. Roofing, façade repairs, elevators, electrical upgrades, plumbing replacements, and common-area renovations all require permits.

When boards change, records are lost. When contractors fail to close permits, the association inherits the problem.

During milestone inspections or recertifications, expired or open permits can derail timelines and expose compliance gaps.

This is why proactive permit management is not optional for associations. It is a fiduciary responsibility.

Real Example: When the Difference Matters

A Miami condo attempted to refinance its master insurance policy. During underwriting, an open electrical permit from twelve years earlier surfaced.

The work was complete, but no final inspection was recorded. Because the permit had also expired, the county required reactivation and inspection under current code.

The association spent weeks coordinating electricians, engineers, and inspectors. Insurance approval was delayed and premiums increased.

Had the permit been closed years earlier, the issue would never have surfaced.

How Professional Management Prevents These Problems

Managing permits requires consistency, tracking, and follow-through. Volunteer boards rarely have the time or technical expertise to manage this alone.

A professional management company like Cosmo Management Group ensures that permits are tracked from issuance to closure. Inspections are scheduled on time. Documentation is centralized. Expired permits are identified early. Corrections are handled efficiently.

This proactive approach protects property value, prevents legal exposure, and keeps operations running smoothly.

Conclusion

Open and expired permits are not administrative details. They are real risks that can freeze transactions, increase costs, and expose owners and boards to liability.

Understanding the difference is the first step. Acting early is the second.

If your property or association is dealing with unresolved permits, missing records, or compliance uncertainty, Cosmo Management Group is here to help. We specialize in identifying open and expired permits, coordinating closures, managing renewals, and keeping your building compliant and inspection-ready.

👉 Take control of your property’s compliance today. Connect with Cosmo and let us help you resolve permit issues before they turn into costly problems.

FAQs About Open and Expired Permits

What is the difference between an open permit and an expired permit
An open permit was never finalized through inspection. An expired permit became inactive due to lack of inspection activity.

Can an expired permit still be closed
Yes, but it usually requires reactivation, updated documentation, and inspections.

Do open permits affect property sales
Yes. Title companies and lenders often require all permits to be closed before closing.

How do I check if my property has open or expired permits
Use the Miami-Dade Permit Tracking Tool to search by address or folio number.

Can a condo association be liable for open permits
Yes. Associations are responsible for common-area compliance and recordkeeping.

You might find this useful: