THE ANSWER
This question is coming up more than you'd think, and for good reason.
With so many older homes in Pembroke Pines hitting the market, many of them with creative additions from previous owners, buyers are walking into properties that look great on the surface but have potential landmines hiding in plain sight.
Garage conversions. Bonus bedrooms squeezed into utility spaces. Bathrooms that weren't there on the original floor plan. Pool enclosures. Florida rooms.
The work looks finished. Sometimes it even looks professional. But if it wasn't permitted, it's still a problem, and once you own that property, it's your problem.
CAN I GET IN TROUBLE FOR UNPERMITTED WORK I DIDN'T DO?
Short answer: Yes.
And it doesn't matter if you had no idea it was there, if the seller swore it was "grandfathered in," or if your inspector missed it. When you buy a home, you're not just buying what's on the MLS listing, you're buying everything attached to that parcel of land, permitted or not.
1. What the Law Says (and Why It Matters)
In Florida, when you take title to a property, you inherit all liabilities tied to that property, including code violations and unpermitted improvements.
Here's what that means in practice:
You can be held liable by the city or county if code enforcement discovers unpermitted work, even if you didn't do it.
You may be required to bring it up to code or remove it entirely. That converted garage? You might have to unconvert it. That extra bathroom? Rip it out or permit it retroactively (if the city even allows it).
Homeowners insurance may not cover unpermitted spaces. If something goes wrong in that unpermitted addition such as fire, water damage or injury, your claim could be denied.
Appraisals won't count unpermitted square footage. That extra bedroom might not add any value when you go to sell or refinance.
Future buyers' lenders may refuse to finance the property if unpermitted work is discovered during inspection, especially if it's structural or affects square footage.
In Pembroke Pines specifically, code enforcement doesn't mess around. The city has been cracking down on unpermitted additions, especially garage conversions (super common in older neighborhoods like Pembroke Lakes and Boulevard Heights).
2. How Unpermitted Work Gets Discovered
You might think: "If it's been there for 20 years and no one's said anything, I'm probably fine, right?"
Wrong.
Here's how unpermitted work typically comes to light:
During a future sale. The next buyer's inspector or appraiser spots something that doesn't match the property records. Now you're stuck trying to close a deal with a glaring title issue.
When you apply for permits. Want to add a pool or remodel your kitchen? The city pulls your records and notices square footage discrepancies or unpermitted structures. They won't issue new permits until the old stuff is resolved.
Neighbor complaints. Someone on your street gets annoyed about parking, noise, or property values and tips off code enforcement. Petty? Sure. Legal? Also yes.
Insurance claims. You file a claim for damage, and the adjuster realizes that room or structure isn't on the permit record. Claim denied.
Random code enforcement sweeps. The city periodically audits aerial photos and property records. If something looks off, they'll send an inspector.
Bottom line: Just because it hasn't been caught yet doesn't mean it won't be. And when it is, the liability falls on the current owner, which could be you.
3. Can You Go After the Previous Owner?
This is the question every buyer asks when they find out they've inherited unpermitted work: "Can I sue the previous owner?"
Maybe. But probably not successfully.
Here's the reality:
If the seller knew about the unpermitted work and actively concealed it (like lying on the disclosure or hiding records), you might have a fraud case. But you'll need to prove they knew and that's expensive, time-consuming, and hard to win.
If the seller simply said "it was like that when I bought it" and didn't hide anything, you're probably out of luck. Ignorance isn't fraud.
If the work was visible during your inspection and you didn't ask about permits, that's on you. Courts generally assume buyers have done their due diligence.
Most standard purchase agreements include an "as-is" clause that limits your ability to go back to the seller after closing, unless there's outright fraud.
The brutal truth? By the time you discover the problem and think about suing, you've probably already spent more time and money than it would cost to just fix it.
That's why it's critical to catch this stuff before you close.
4. What to Do If You're Already Under Contract
Let's say you're in the inspection period and your inspector or agent just flagged potential unpermitted work. What now?
Don't panic. You still have options.
Step 1: Pull the permit history.
In Pembroke Pines, you can request permit records from the city's Building Department. Your agent can help with this, or you can do it yourself online or in person. Compare the permits on file to what's actually at the property.
If the garage conversion, extra bathroom, or enclosed patio isn't on the permit record, red flag.
Step 2: Ask the seller directly.
Have your agent submit a formal inquiry to the listing agent asking:
Was this work permitted?
If so, can you provide the permit numbers and final inspection sign off?
If not, what's the plan to resolve this before closing?
Sometimes the seller has the permits but didn't include them in the listing. Sometimes they genuinely didn't know. And sometimes they're hoping you won't ask.
Step 3: Decide your next move.
You have a few options:
Walk away. If you're still within your inspection period, you can back out and get your earnest money back. This is the safest move if the work is major, structural, or can't be easily permitted after the fact.
Ask the seller to obtain after the fact permits. Some cities (including Pembroke Pines) allow retroactive permitting if the work was done correctly and meets current code. The seller pays for inspections, corrections, and permit fees. This can take weeks, so you may need to extend your closing date.
Negotiate a price reduction. If the seller won't (or can't) get permits, you can ask for a credit at closing to cover the cost of resolving it yourself. Get a contractor's estimate first so you know what you're asking for.
Ask the seller to remove the unpermitted work. If it's something like an unpermitted patio enclosure or shed, the seller can demo it before closing. Not ideal, but it clears the title issue.
Buy it as is and deal with it later. Only do this if: (a) you're getting a screaming deal, (b) you've confirmed with a contractor and the city that after the fact permitting is feasible, and (c) you have the budget to handle the fix. Don't wing it.
What I'd tell a friend: Don't close on a home with known unpermitted work unless the seller resolves it or gives you enough money at closing to cover the fix plus a cushion for surprises. This stuff always costs more and takes longer than you think.
5. What to Do If You Already Own the Home
Maybe you bought the house years ago. Maybe you just discovered the unpermitted work. Either way, you're sitting on a potential problem and wondering what to do about it.
Here's your game plan:
Option 1: Apply for after the fact permits.
Pembroke Pines allows retroactive permitting for certain types of work, as long as it was done to code (or can be brought up to code). You'll need:
A licensed contractor to assess the work and draw up plans
Building department approval (they'll inspect)
Permit fees (usually higher for after the fact permits) and any required corrections
Cost? Depends on the scope. A simple garage conversion might run $5K–$10K to retroactively permit if the work was done well. If it wasn't, expect more.
Option 2: Remove the unpermitted work.
If permitting isn't feasible (the work doesn't meet code and can't be fixed, or the city won't allow it), you may need to remove it. This is the nuclear option, but sometimes it's the only way to clear a title issue or avoid fines.
Option 3: Leave it and cross your fingers.
Some people choose to do nothing and hope it never comes up.
I don't recommend this. Here's why:
It will come up when you try to sell. Buyers and their lenders will catch it.
You're rolling the dice on code enforcement, insurance claims, and future appraisals.
If the city finds it, you'll be forced to fix it on their timeline, not yours.
Getting ahead of it now gives you control. Waiting means you're at the mercy of whoever discovers it first.
Pro tip: If you're planning to sell in the next few years, deal with this now. Don't wait until you're under contract and trying to negotiate with a buyer who's freaking out about it.
6. The Most Common Unpermitted Work in Pembroke Pines
If you're buying or selling in Pembroke Pines, here's what to watch for:
Garage conversions. By far the most common. Homeowners turn garages into extra bedrooms, home offices, or rental units. Often done without permits, especially in older neighborhoods.
Enclosed patios and Florida rooms. Screened in patios are fine. Fully enclosed, air conditioned rooms? That's living space and requires permits.
Extra bathrooms. Adding a bathroom requires plumbing and electrical permits. If it's not on the original floor plan and there's no permit, it's unpermitted.
Sheds and outbuildings over a certain size. Anything over 100 square feet typically requires a permit in Pembroke Pines.
Major kitchen and bathroom remodels. Moving walls, plumbing, or electrical? Should have been permitted.
Pool equipment and enclosures. Pools themselves are almost always permitted (too obvious not to be), but pool heaters, electrical work, and enclosures sometimes aren't.
If you see any of these and the seller can't produce permits, dig deeper before you commit.
WHEN TO WALK AWAY
Not all unpermitted work is a deal breaker. But these situations are:
✅ The work is structural (walls moved, load bearing changes, foundation work) and wasn't permitted
✅ The seller won't cooperate (refuses to permit it, won't offer a credit, won't remove it)
✅ The city says it can't be retroactively permitted (violates setbacks, zoning, or current code and can't be corrected)
✅ The unpermitted work is extensive (multiple rooms, major systems, affects square footage significantly)
✅ You're already stretching your budget and can't afford the cost of fixing it later
If any of these apply, don't talk yourself into it. There are plenty of other homes in Pembroke Pines that won't come with legal landmines.
WHEN IT'S WORTH NEGOTIATING
On the other hand, some unpermitted work is fixable:
✅ The work was done well and meets current code (just needs inspection and permit approval)
✅ It's cosmetic or minor (enclosed patio, small shed, non structural changes)
✅ The seller is willing to get permits or offer a credit to cover the cost
✅ You love the house otherwise and the price reflects the issue
✅ You have a contractor lined up who's already assessed it and given you a clear path forward
In these cases, you can move forward, but only if you have all the facts, a realistic budget, and a plan to resolve it.
WHAT I'D TELL A FRIEND
Unpermitted work doesn't care who did it. Once it's on your property, it's your responsibility, legally, financially, and practically.
If you're buying:
Pull the permit history before you go under contract, especially if the home has garage conversions, enclosed patios, or extra bathrooms. Ask your agent to check. Ask the seller directly. And if the permits aren't there, don't close until it's resolved or you've negotiated a fair credit.
If you're selling:
Get ahead of it. If you know (or suspect) there's unpermitted work, deal with it now, not when a buyer's lender is threatening to kill the deal. Either get the permits, remove the work, or disclose it upfront and price accordingly.
If you already own a home with unpermitted work:
Talk to a licensed contractor and the city's Building Department, not Google, not your neighbor, not a guy who "knows a guy." Get a professional assessment, find out what your options are, and make a plan. Waiting won't make it go away. It'll just make it more expensive when it finally catches up to you.
Bottom line:
Unpermitted work is a problem you inherit, but it's also a problem you can solve if you catch it early and handle it right.
Need help pulling permit records, getting referrals to contractors who handle retroactive permitting, or navigating this before you buy or sell? I've got you. Just ask.
Have a question for next week's Ask Mike? Hit reply and ask. I answer every one.
