Expired and open permits
These two get used interchangeably and they are not the same thing. An open permit was issued and never signed off. An expired permit ran past its validity window. The remedies are different, and so is the urgency.
Open permits
The permit was issued, work happened, and the final inspection never occurred — or occurred and failed, and nobody came back. The permit stays on the property record indefinitely and transfers to the next owner, which is why it surfaces during a title search or a buyer's due diligence.
To close one: contact the office, ask which inspections remain outstanding, and schedule them. Where the work has since been covered, you may need to expose part of it. Where the contractor who held the permit is gone, the owner can usually take it over, though some jurisdictions require a new permit in the owner's name.
Expired permits
The permit had a validity window — often six or twelve months — and either that window lapsed, or no inspection was requested for long enough that the permit lapsed on inactivity. The work is not illegal, but the permit no longer authorises it, and continuing to build under an expired permit is treated as building without one.
Ask about reinstatement first. It is normally cheaper and faster than a new permit, and many jurisdictions allow it within a grace period. If reinstatement is not available, the replacement permit is issued against the code edition in force now, not the one your drawings were approved under — which on a project that stalled for a few years can mean redesign.
Why both matter at sale
Title companies flag them. Lenders ask about them. Buyers' inspectors look for them. An open permit on a property under contract is a negotiation item at best and a closing delay at worst, and the seller is the one with the deadline.
Preventing it
- Diarise the expiry date the day the permit is issued.
- Request the final inspection as a distinct task rather than assuming the contractor did it. This is the single most common cause of open permits.
- Get the finaled permit or certificate of occupancy in writing and keep it with the property documents.
- On any project with a gap in activity, request an inspection before the inactivity window closes, even a partial one, to keep the permit live.
Questions people ask about this
Who is responsible for closing an open permit, the contractor or the owner?
The permit holder is responsible, which is normally the contractor. In practice the consequence lands on the property owner, because the permit attaches to the property and surfaces at sale. Verify closure yourself rather than assuming.
Can an expired permit be reinstated?
Usually, within a grace period, and it is normally cheaper than a new permit. Ask the office immediately — the grace period is the variable that decides whether this is easy or expensive.
Does an open permit stop me selling the house?
It does not legally prevent a sale in most places, but it will be raised by the title company or the buyer, and it commonly delays closing or produces a price adjustment. Resolving it before listing is almost always cheaper than resolving it under contract.
This guide describes how permitting generally works across the United States. Requirements, thresholds and penalties are set locally. Find your jurisdiction for its official source.