Enforceability Status
Florida law requires a certificate of occupancy before a building may be occupied. The Florida Building Code, adopted statewide under Fla. Stat. Section 553.79, mandates that local building officials issue a CO confirming code compliance before occupancy is permitted. A contract clause purporting to make the CO irrelevant likely conflicts with this statutory requirement and may be unenforceable as contrary to public policy.
Legal Analysis
Florida has a statewide building code system under the Florida Building Code (FBC), which is mandatory for all jurisdictions in the state. Fla. Stat. Section 553.79 requires that a building permit be obtained and that construction comply with the FBC. Section 105.1 of the FBC requires that a certificate of occupancy be issued before a building may be occupied, confirming that the structure has been inspected and meets all applicable code requirements.
Because the CO requirement in Florida is established by state statute and the statewide building code rather than solely by local ordinance, a contract clause that purports to make the CO irrelevant to the buyer's obligation to close or take occupancy is more likely to be found unenforceable. Florida courts have generally held that contractual provisions that conflict with statutory requirements or public policy are void.
Florida's regulatory framework for building construction is among the most comprehensive in the nation, in part due to the state's hurricane exposure. The CO process includes verification of structural integrity, electrical safety, plumbing, fire protection, and other life-safety systems. A clause that renders this process contractually irrelevant undermines the regulatory purpose of the CO requirement.
Buyers should understand that in Florida, the certificate of occupancy is not merely a formality but a critical regulatory checkpoint. Closing on or occupying a home without a valid CO may violate state and local law, and may also affect the buyer's ability to obtain homeowner's insurance or utility connections.
Relevant Florida Law
Establishes the statewide requirement for building permits and compliance with the Florida Building Code, which includes the requirement for a certificate of occupancy before a building may be occupied.
Requires that a certificate of occupancy be obtained from the local building official before any building or structure is used or occupied.
Builders in Florida Using This Clause
What Florida Buyers Should Know
- Confirm CO issuance before closing Florida law requires a CO before occupancy. Verify with the local building department that the CO has been issued before your closing date.
- Understand that CO requirements are statutory Unlike some states where CO requirements vary by municipality, Florida has a statewide building code that mandates certificates of occupancy. This requirement cannot be waived by contract.
- Check for open permits Before closing, verify with the local building department that all building permits have been closed out and that no open permits or failed inspections remain on the property.
- Seek legal advice if pressured to close without a CO If a builder pressures you to close before the CO is issued, consult a Florida real estate attorney. Closing without a CO may create legal and insurance complications.