Owner-Builder Permits

What is an owner-builder permit?

Miami-Dade County offers permits to individuals who are performing work on their property without the benefit of a contractor.

Additionally, an owner-builder may apply for any trade permit including building, roofing, electrical, plumbing, gas and mechanical with no additional requirements or certifications necessary.

How do I apply?

The homeowner must submit their permit application and plans, and once approved, will be able to schedule an owner-builder validation. Appointments are scheduled with the Small Business and Homeowner Permitting Assistance Team. The owner(s) must appear in person or virtually to affirm that they understand their obligations under the law as specified in the disclosure statement.

For additional permitting information, check Common Permits and Certificates and How to Apply for a Permit.

What are the requirements?

Your design professional will need to provide you with an electronic version of your plans that are digitally signed and sealed. For more information, check the Digitally Signing and Sealing Documents page. The permit will only be issued upon passing the owner-builder validation.

If validation is failed, a licensed contractor would have to apply for the permit and complete the work.

Refer to the Owner-Builder Disclosure Statement prior to applying for an owner-builder permit.

For residential properties, you may build or improve a one-family or two-family residence or a farm outbuilding. The building or residence must be for your own use or occupancy. It may not be built or improved for sale or lease, unless a licensed contractor listed on the building permit completed the project. Additionally, the property name must be in a person’s name and not under a company or trust.

For commercial properties, you may build a one-story building or addition of not more than 500 square feet or perform maintenance or repairs not to exceed $5,000 on any building you own or lease.

Important Note: If a building or residence that I have built or substantially improved myself is sold or leased within 24-months of permit issuances, the law will presume that I built or substantially improved it for sale or lease, which violates the exemption, and I will be subject to further enforcement action.

How can I complete the owner’s validation for my application?
To complete the owner’s validation (OWQU hold), you can either do an in-person validation or a virtual validation.
- A valid photo identification will be required, as well as proof that the property is your primary residence
Obtaining the Permit
It is up to the owner to ensure that the contractor obtains their own permit and is licensed and insured. This permit makes the contractor legally responsible for their portion of the work. If you hire a contractor, always ask to see the permit for your project. If no permit is obtained, you (the owner) are legally responsible. If a contractor tells you to get an owner-builder permit, you become legally responsible for all the work done.

Filling Notice of Commencement
For your protection under the Construction Lien Law and to avoid the possibility of paying twice for improvements to real property, you must record a Notice of Commencement with the Clerk of Court’s Office before your inspections, if the value of work on your application exceeds $2,500. However, the NOC does not apply to the repair or replacement of an existing heating or air conditioning system less than $7,500.00 in value.
- The Notice of Commencement must be signed by you, the owner contracting the improvement, and not your agent
- Under Florida law, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien
- The Notice of Commencement must be completed and recorded within 90 days before starting the work and a copy must be posted on the job site.
Insurance Requirements

It is the owner's responsibility to obtain insurance for all those on the job except licensed contractors. Check with your insurance agent. Your homeowner's policy may provide coverage, or you may need a rider to your policy to cover your liability. Contractors are required by State law to carry Workers' Compensation Insurance if they have one or more employees.

You should be advised that if your day labor employees cause any damage to persons or property, or if any of your day labor employees are injured on the job, you are liable. Your regular home insurance policy ordinarily DOES NOT cover this type of liability. Check with your insurance agent.

Safety barrier for swimming pool
You are required to erect an approved safety barrier around the property or pool, under a building permit obtained from the County, prior to final inspection of the pool. The safety barrier must also be inspected and approved by this department. Failure to comply will result in the issuance of a $500 ticket to you, the property owner.
Miami-Dade County Code and Florida Statutes require that contractors be always licensed and have general liability and worker’s compensation insurance in effect. The County regulates licensed contractors and provides enforcement against unlicensed contractors.

You may search complaints against a contractor, whether the contractor is licensed and whether the contractor has current liability and worker’s compensation insurance by using the online search below:
- Miami-Dade County - Contractor Inquiry and Search
- Florida State - Licensee Search
It is also important to know that the 1995 Florida Legislature created the Homebuyer’s Protection Act. Most of the provisions are directed at commercial construction, although some are directed at general construction. The following are some of the key provisions of the act:
- Florida Statutes provide that a contractor may not enter into an agreement with, or knowingly allow his certification to be used by, a person who is not certified or registered
- Provides that a contractor, except when working without compensation, may not obtain permits for construction work without first entering a contract to perform improvements. A violation of this provision is a misdemeanor of the first degree and a subsequent violation is a felony
- Requires that a contractor who receives money totaling more than 10% of the contract price for work on residential property must apply for the necessary permits within 30 days after payment is made and must start work within 90 days after all permits are issued unless the person who made payment agreed to a longer period in writing
- Requires the contractor to notify residential property owners of a recovery fund no later than the date the owner makes the initial payment and at the time final payment is made. The contractor must inform the owner clearly and conspicuously in writing of how and where to file a claim and an explanation of consumer's rights under the Construction Industry Recovery Fund
- Provides that the owner may request from the contractor a list of all subcontractors and suppliers. This request must be in writing and delivered by Registered or Certified mail. Within 10 days after receipt of the written request, the contractor must furnish the list. Failure to do so results in the forfeiture of the contractor’s right to assert a lien against the owner’s property.
Unscrupulous Contractors

Early warning signs that you may be dealing with an unscrupulous contractor could include:
- A large down payment is requested before work begins
- Many requests for money during early phases of construction
- A verbal contract only, as person is not willing to put all terms in writing
- You are asked to make your check payable to an individual’s name or asked to make payment in cash or to make the check payable to "cash"
- The contractor suggests doing the work without permits or asks you, the homeowner, to obtain the permit.
Contractor Complaints

If a contractor abandons the work or if you have a complaint regarding their performance, you may file a contractor complaint and search for contractors, or contact the Contractor Licensing and Enforcement Section at 786-315-2561 or email RER-CONCOM@miamidade.gov for assistance.

The Contractor Licensing and Enforcement Section will investigate and work towards a resolution.

However, it may be necessary for you to hire a new contractor to complete the work, or you may complete the work as an owner-builder, if you qualify.

Final Payment to the Contractor

After successfully passing your inspections and before making a final payment to the contractor, the contractor should provide you proof that all final inspections have been approved by the Department or provide a Certificate of Completion or Occupancy issued by the Department.

Additionally, you should request final release of liens from any individuals or firms who have provided labor, materials or supplies, especially those who have sent you a "Notice to Owner" letter.

Prior to paying your contractor, you need to receive a Release of Lien and Affidavit to the extent of payment from the general contractor. The Release of Lien and Affidavit shall state either that all the subcontractors and suppliers have been paid or list those unpaid and the amount owed. The contractor is required to list on the affidavit any subcontractor or supplier that has not been paid. That amount may be withheld from the contractor’s pay and paid directly to the subcontractor or suppliers after 10 days written notice to the contractor.

If the balance due to the contractor is not sufficient to pay in full all subcontractors and suppliers listed on the contractor’s affidavit, you may consult with an attorney.

The general contractor shall furnish a final Release of Lien and Affidavit to the owner indicating all subcontractors and suppliers have been paid at the time he requests final payment. You may rely on the affidavit in making final payment to the general contractor. If you make final payment to the general contractor without obtaining the affidavit, your property can be liened for non-payment if the general contractor fails to pay the subcontractors or suppliers. You should always obtain a Release of Lien and Affidavit from the contractor before any payments are made.