Hiring & Protecting Your Investment

Your Contractor Wants You to Pull the Permit. Should You?

Understand Florida's owner-builder exemption and the responsibilities an owner may assume.

By Mark Reynolds · Managing Director & CEO, Imperial Group Incorporated

Resources / Hiring & Protecting Your Investment

When someone says, “Just pull the permit yourself,” it may sound harmless. But acting as an owner-builder in Florida is a legal status with eligibility conditions and responsibilities. It should never be treated as a shortcut for a contractor who lacks the proper credentials.

What is the owner-builder exemption?

Florida Statutes § 489.103 provides certain exemptions allowing qualifying owners to act as their own contractors. The law sets rules concerning ownership, intended use, direct supervision and other conditions. Depending on the facts, rental, resale and commercial properties can present additional limitations. Always ask your local building department to explain the actual requirements.

What changes when you take responsibility?

The person acting as the owner-builder may become responsible for ensuring that the work complies with applicable rules, obtaining required permits and inspections, and coordinating workers and appropriately licensed trades. Local authorities may require disclosure and acknowledgment of these responsibilities. An owner who does not intend to manage the construction should question why they are being asked to use this route.

Warning signs to investigate

When could it be legitimate?

An eligible property owner who truly undertakes the statutory owner-builder role and follows the governing rules may have a legitimate path. But it must be an informed choice. Read the statutory exemption, confirm eligibility with the jurisdiction and seek legal advice if the ownership or planned use is complicated.

Our perspective

Imperial Group believes permitting responsibilities should be transparent. When a project calls for licensed contractors and permits, we want the correct parties identified and the required process followed. Learn why permits matter.

Important: This article is educational and does not determine your eligibility for an exemption. Confirm with your building department before proceeding.
References and further reading

General educational information, not a determination of legal requirements for a specific project.

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About the author

Mark Reynolds is Managing Director & CEO of Imperial Group Incorporated, a South Florida general contracting company serving residential and commercial customers. He writes about responsible project planning, construction quality and informed property ownership.