You have hurricane shutters — but there's no permit on record for them. Maybe the previous owner installed them without a permit. Maybe a contractor told you permits weren't necessary. Either way, unpermitted shutters create real problems at insurance renewal time and when you sell. Here's how to handle it.
Why Unpermitted Shutters Are a Problem
In most coastal counties, hurricane shutter installation requires a building permit and a final inspection by a county inspector. When shutters are installed without a permit:
- Insurance discounts may be invalid — insurers require permitted and inspected protection for wind mitigation credits. Unpermitted shutters may be rejected even if physically identical to compliant ones
- Home sale complications — unpermitted work must be disclosed. Buyers' lenders and inspectors frequently flag it. Deals fall through or require remediation at the seller's expense
- No protection verification — without an inspection, there's no official confirmation the shutters were installed correctly per the product approval specifications
- Potential removal requirement — in some cases, a county inspector can require unpermitted work to be removed and reinstalled with a permit
How Unpermitted Shutters Are Discovered
Unpermitted shutters typically surface in three situations:
- Home sale — a buyer's home inspector or their lender's appraiser searches permit records as part of due diligence. Most counties have online permit search systems now, making this easy to find.
- Wind mitigation inspection — a wind mitigation inspector may ask for permit documentation when completing the report. Without it, they may note the protection as unverified.
- Insurance audit — some insurers periodically audit wind mitigation reports and may request permit documentation for claimed protection features.
Your Options for Unpermitted Shutters
| Option | When It Works | Cost | Result |
|---|---|---|---|
| Retroactive permit | Shutters are code-compliant and correctly installed | $200–$600 permit fee + contractor time | Inspection passed — fully compliant |
| Seller credit at closing | Selling the home — buyer negotiates | Negotiated — typically $500–$2,000 | Buyer handles permitting after closing |
| Remove and replace | Shutters are non-compliant or incorrectly installed | Full replacement cost | New permitted installation |
| Disclose and sell as-is | Buyer is cash buyer or accepts as-is | Possible price reduction | Legal but may limit buyer pool |
How Retroactive Permitting Works
Retroactive permitting — sometimes called a "permit after the fact" or "after-the-fact permit" — is the most common solution for unpermitted shutters that are otherwise correctly installed. The process:
- Hire a licensed shutter contractor to evaluate the existing installation
- Contractor files a permit application with the county — describing the existing work
- County issues the permit (or requests additional information)
- Inspector visits to evaluate the existing installation against the product approval requirements
- If it passes — permit is closed as compliant
- If it fails — inspector specifies what needs to be corrected before a final inspection
Most counties allow retroactive permitting for residential storm protection. Contact your county building department directly — explain the situation honestly and ask about their process. Most inspectors are more interested in getting the protection documented than in penalizing homeowners for past contractor errors.
Disclosure Requirements When Selling
In Florida and most coastal states, sellers must disclose known material defects including unpermitted work. Specific disclosure requirements vary by state:
- Florida — sellers must disclose known facts materially affecting property value. Unpermitted improvements that would require remediation are generally considered material.
- Texas — the Texas Seller's Disclosure Notice specifically asks about unpermitted work.
- Most other states — standard disclosure forms ask about known defects and unpermitted improvements.
The cleanest approach when selling is to retroactively permit compliant shutters before listing. It costs $300–$800 and removes the issue from the transaction entirely.
Frequently Asked Questions
How do I find out if my shutters have a permit?
Contact your county building department and ask for a permit search by property address. Most counties have online permit portals — search '[your county name] permit search online.' If no permit exists for the shutter installation, the search will return no results for that type of work at your address.
The previous owner installed the shutters. Am I responsible?
As the current owner, you are responsible for the property's code compliance. If you purchased the home knowing about unpermitted work, or if it was disclosed, the responsibility is yours. If the previous owner failed to disclose known unpermitted work, you may have a claim against them — consult a real estate attorney.
Can I just leave the unpermitted shutters and not disclose?
Not if you know about them. Knowingly failing to disclose a material defect in a real estate transaction can expose you to a rescission claim or damages lawsuit after closing. The cost of retroactive permitting ($300–$800) is almost always less than the legal and financial risk of non-disclosure.
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