A clean title search doesn’t always mean a clean closing. In South Florida, two things regularly hold up sales late in the process: building permits that were never closed out, and city or county charges that don’t show up in a standard search of the public records. Here’s what they are, why they matter, and how to check for them in Miami-Dade, Broward and Palm Beach counties before they cost you time.
The short answer
A municipal lien search checks city and county records for open or expired permits, code violations, unpaid utility bills and special assessments tied to a property. It’s separate from the title search because several of these items live in building and utility department records, not in the county’s official records. Order it early, read it before closing, and make sure anything it finds is either paid at closing or handled in the contract.
Why a regular title search can miss these items
A title search reviews the county’s official records: deeds, mortgages, judgments and recorded liens. Some municipal charges work differently under Florida law:
- Property taxes are a first lien, superior to all other liens, from January 1 of the tax year until paid, whether or not anything is recorded (s. 197.122, F.S.).
- Municipal special assessments remain liens “coequal with the lien of all state, county, district, and municipal taxes” (s. 170.09, F.S.).
- Some water, sewer and gas charges are liens on the property by statute, at the same level as taxes, and the statutes don’t require them to be recorded (ss. 153.67 and 159.17, F.S.). One exception helps landlords: a former tenant’s unpaid utility bill can’t become a lien on the rental property (s. 180.135, F.S.).
- Code enforcement fines become a lien once the fine order is recorded. That lien attaches to the property with the violation and to any other property the violator owns, the fine can keep accruing until the property complies, and the lien can last up to 20 years (ss. 162.09 and 162.10, F.S.). A homestead can’t be foreclosed on for these liens, but the recorded lien still stays on the property.
An open permit isn’t a lien at all. It’s a record in the building department, which is exactly why it doesn’t appear in a title search.
What a standard owner’s policy does and doesn’t cover
An owner’s title policy protects against problems in the public records. The national standard owner’s policy form (ALTA 2021) excludes laws and regulations, including building and zoning rules, and it covers a violation only to the extent it’s described in an enforcement notice recorded in the public records. Its definition of public records specifically leaves out permitting and building records. It also excludes problems that weren’t in the public records, that you knew about and that you didn’t disclose to the title company in writing.
In plain terms: open permits and unrecorded code violations are generally the buyer’s risk unless they’re found and resolved before closing. Your title commitment and policy control, so read the exceptions listed in your commitment and ask us about anything you don’t understand. For how the two kinds of policy differ, see owner’s vs. lender’s title insurance.
Open permits: what Florida law says
Section 553.79 of the Florida Statutes gives owners and buyers several tools:
- Any current owner can close an old permit, even one pulled by a previous owner. The owner can hire the original contractor or a new one, and a new contractor is only liable for the work they perform.
- Expired permits can be closed without a new permit if the work was substantially completed, and the work can be judged under the building code in effect when the permit was applied for.
- Permits older than 6 years may be closed by the local building department even without a final inspection, if it finds no apparent safety hazard. The statute says “may,” so the department isn’t required to.
- Arm’s-length buyers are protected from the prior owner’s penalties. The building department can’t fine or penalize a buyer, or refuse them a permit, solely because a prior owner’s permit was left open. It keeps its rights against the owner and contractor listed on the permit.
- Single-family permits expire 1 year after issuance, or when the next edition of the Florida Building Code takes effect, whichever is later.
That protection doesn’t make an open permit harmless. Buyers, lenders and insurers often want it closed before closing, and closing it can require inspections, plans and sometimes repairs. The earlier it’s found, the more options everyone has.
What the standard Florida contract says
The Florida Realtors/Florida Bar “AS IS” Residential Contract addresses these issues directly. Check the version you actually signed, but in the current form:
- Permits disclosure (paragraph 10(b)). The seller states they don’t know of improvements made without required permits or under permits that weren’t properly closed. If they do know of any, they must give the buyer the plans and documents they have.
- Code violations (paragraph 10(j)). The seller states they haven’t received notice from a government agency of an uncorrected building, environmental or safety code violation.
- Permit close-out (paragraph 12(c)). If the buyer’s inspection turns up open or needed permits, the seller must cooperate in good faith to close them, but isn’t required to spend money doing it.
- Special assessments (paragraph 9(f)). The seller pays assessments imposed by a public body that are certified, confirmed and ratified before closing. The definition of public body excludes condo and homeowners’ associations, which are handled through estoppel certificates.
- The municipal lien search is listed among the closing costs. Who pays for it depends on which title option is checked in paragraph 9(c).
How to check permits and liens in your county
Start with the right office. Miami-Dade County has 35 municipalities, each with its own building official, and the county handles only unincorporated areas. Most Broward and Palm Beach cities also run their own building departments, so search the city where the property is located. The county services below cover unincorporated areas and the City of Miami.
| Area | What you can check | Fee listed (Oct. 2026) | Turnaround listed |
|---|---|---|---|
| Miami-Dade (unincorporated) | Permit search (free); violations research | Violations research $312 per property; code lien payoff/estoppel letter $78 per folio | 10–20 business days; payoff letter up to 3 business days |
| City of Miami | Lien and violation search | $200 | Not listed |
| Broward (unincorporated / BMSD) | Permit search by address; building code violation and lien research | $50 building research; $30 zoning code lien search ($60 expedited) | 5–7 business days; zoning 7–10 (2–3 expedited) |
| Fort Lauderdale | Lien search through the city’s outside vendor | Not listed | Not listed |
| Palm Beach (unincorporated) | Fine/lien, open permit and open code violation searches | $63 fine/lien; $63 open permit; $50 code violation (rush $94/$94/$75) | 7–10 business days; rush 3 |
Buying in a city not listed here? Search the city’s building department website for a permit search and a lien or violation search request, or ask us and we’ll tell you where to look.
Condo and HOA estoppel certificates
Association charges are checked separately, through an estoppel certificate from the condo or homeowners’ association. Florida law sets the rules:
- The association must issue it within 10 business days of a written request (ss. 718.116(8) and 720.30851, F.S.).
- It’s good for 30 days if delivered by hand or email, or 35 days if mailed.
- Fees are capped. The current caps, adjusted for inflation, are $299 to prepare and deliver it, an extra $119 for delivery within 3 business days, and an extra $179 if the account is delinquent, according to the Florida DBPR. The next adjustment is due by July 1, 2027. If the association misses the 10-day deadline, it can’t charge the fee.
- Buyers can rely on it. An association that issues a certificate generally can’t later collect more than the amounts it stated from someone who relied on it in good faith.
- It matters because a condo buyer is generally jointly liable with the seller for unpaid assessments that came due up to the transfer (s. 718.116(1)(a), F.S.).
A quick checklist
If you’re selling
- Look up your property’s permit history before you list, and close anything still open.
- Gather plans, final inspections and contractor information for past work.
- Pay or resolve any code violations you know about. Fines can keep accruing until the property complies.
- Tell your agent and title company about any of these early. Surprises found the week of closing are the ones that delay it.
If you’re buying
- Make sure a municipal lien search is ordered early, and read it as soon as it comes back.
- Have your inspector compare the home’s improvements, such as additions, enclosed patios, new windows and roofs, against the permit history.
- For a condo or HOA property, review the estoppel certificate for unpaid assessments and open violations.
- Use your contract’s inspection period. Open permits are easier to address before it ends.
Common questions
Can an open permit stop my closing?
It can delay one. The buyer or lender may insist it be closed first, and closing a permit can take inspections and paperwork. Under Florida law, the building department can’t penalize an arm’s-length buyer just because a prior owner’s permit was left open, but most buyers still want it resolved before they take ownership.
Does title insurance cover open permits or code violations?
Generally not. Standard owner’s policies exclude building and zoning matters except violations described in a notice recorded in the public records. That’s why the municipal lien search matters.
Who pays for the municipal lien search?
It depends on your contract. In the standard Florida Realtors/Florida Bar contracts, it’s listed among the closing costs, and who pays follows the title option the parties chose. See our closing cost calculator for the other costs on a typical South Florida closing.
How long does a lien search take?
The county services above list anywhere from 2 to 20 business days, depending on the service and whether you pay for a rush. Ordering it as soon as the contract is signed avoids most delays.
Closing soon?
Call (305) 603-8393 to talk to Luis or Yeni about what your file needs, or send us your contract. For county-specific closing customs, see our guides for Broward, Miami-Dade and Palm Beach. Investors buying at auction should also read about foreclosure and REO purchases.
This article is general information, not legal advice. Laws, fees and procedures change; confirm requirements for your property with the local government, your title company and, where appropriate, a Florida real estate attorney. Sources: Florida Statutes s. 162.09, s. 197.122, s. 170.09, s. 553.79, s. 720.30851, s. 718.116; ALTA 2021 Owner’s Policy; Florida Realtors/Florida Bar AS IS Residential Contract; Miami-Dade County, City of Miami, Broward County, City of Fort Lauderdale and Palm Beach County websites.
