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A closed-in garage, a screened pool enclosure, an enclosed patio or an added lanai built without a permit can turn into a code case. Michael D. Stewart, P.E., LLC helps owners in Lee and Collier counties bring that work into the permit record with sealed as-built drawings and the inspection affidavits the building department asks for. Michael D. Stewart, P.E., FL PE #72459, has practiced in Southwest Florida since 2005. Structural engineering, architectural design and MEP are under one roof in our Cape Coral office.
After-the-Fact Permits in Lee & Collier
Sealed As-Built Drawings
Inspection Affidavits for Missed Inspections
Enclosures Below Elevated Homes
Garage, Lanai & Pool Enclosure Conversions
Code Cases & Expired Permits
What We Do on an After-the-Fact Permit
The drawings have to describe what is really there, so we start in the field. We measure and document what was built, check the structure against wind loads, and prepare signed and sealed as-built plans and connection details.
Where the work falls short, the drawings show the added anchorage or retrofit that brings it up to code, and the contractor builds that retrofit.
What the Building Department Needs
Finished walls, ceilings, stucco and roofing hide what an inspector would normally see at each stage, so the building department cannot inspect the work in the normal sequence. Instead, a qualified third-party inspector inspects and certifies it, and that inspector's executed affidavit is submitted with the permit documents.
Florida law shapes who signs that affidavit. Section 553.791(3), Florida Statutes, bars a private provider from inspecting a building the provider or its firm designed or constructed. The engineer who draws the after-the-fact plans cannot also sign the inspection affidavit, so a separate, independent inspector is used. The owner or the owner's contractor notifies the building official in writing, naming the inspector and the inspector's license, before the first inspection.
Each county has its own paperwork:
• Lee County takes engineer inspection affidavits for missed or concealed inspections on its own Inspection Affidavit / Certificate of Compliance form. The form is signed and sealed and goes in with a narrative letter from the engineer.
• Lee County also requires a Roof Inspection Affidavit on re-roof permits for one- and two-family homes.
• Collier County, in an Outstanding Corrections letter on one job, required a separate after-the-fact residential alteration permit for an enclosed rear patio and added covered lanais.
Enclosures Below Elevated Homes
An enclosed ground floor below an elevated home is another place unpermitted work turns up. We also engineer elevated and raised homes across Lee and Collier counties: lifting an existing house onto a new elevated foundation, or adding a new living level above and converting the ground floor to garage and storage with flood openings. See our coastal piling foundation engineer page.
Affidavits for Missed Inspections
Some jobs were permitted and built, but the inspections were never called in or the permit expired first. For these, we visit the house, get into the attic and work areas where access allows, and review the county permit record and inspection history. The affidavit covers the missed inspections only. It rests on what was observed and on the permit record, and it goes in on the county's own form. See our engineer letters page for the other sealed letters we write.
Projects
• South Oleander Drive, Fort Myers. A single-car garage had been closed in with a block wall and divided into a storage room and a laundry room without a permit, and the county had a code case open on the property. We drew the existing and proposed plans for the after-the-fact permit. The opening is enclosed with reinforced concrete masonry to match the house, with no change to the footprint. The four-sheet set went to Lee County with a third-party inspection affidavit for the concealed and rough-in items. See our Fort Myers structural engineer page.
• Par View Drive, Sanibel. A two-story aluminum screened pool enclosure had been built without a permit. The scope for the City of Sanibel application was a site visit to measure and photograph the enclosure, a structural evaluation, and a signed and sealed repair set. The set covers the framing plan, an anchor schedule and connection details.
• Blue Stone Circle, Fort Myers. A Hurricane Ian concrete tile re-roof was finished, but its inspections were never obtained and the permit expired. After a site visit and a review of the permit record, a sealed engineer's inspection affidavit on the missed roof inspections went in with the county's roof inspection affidavit form. The concealed deck attachment was checked from the attic where accessible.
• Bogart Drive, North Fort Myers. A completed replacement house had five required inspections that were never called in. One site visit and a review of the Lee County permit record and inspection history produced one sealed inspection affidavit on those five inspections only, on the county's form with a narrative letter.
How the Process Works
1. Call us. Tell us what was built and what the county has said.
2. Site visit. We measure and document the work as it stands.
3. Records review. We read the permit record and inspection history.
4. Engineering. We prepare the sealed as-built set, plus any retrofit the work needs.
5. Affidavit. The inspection affidavit goes in on the county's form. Where we drew the plans, an independent inspector certifies the concealed items.
Why a Local PE
Owners with a code case, an expired permit or work they want on record, and the contractors who built it.
After-the-fact work turns on local detail: the county's forms, its inspection codes and its correction letters. Our office is in Cape Coral, and we serve Lee, Collier and Charlotte counties and the barrier islands. See our Cape Coral structural engineer and Naples structural engineer pages for more of our local work.
"I TREAT EACH AND EVERY PROJECT
AS A PERSONAL PRIORITY."
Get Your Unpermitted Work on Record
Call (239) 292-7670 or send us a message to talk about your after-the-fact permit.
"HIGH-QUALITY SERVICE AND QUICK TURNAROUND ARE THE MISSION."
Frequently Asked Questions
What is an after-the-fact permit?
A permit for work that was built without one. The county reviews drawings of what is there, and an inspection affidavit certifies the concealed items.
What will the building department ask for?
Usually drawings of the existing and proposed conditions, and an executed affidavit from a qualified third-party inspector for work that is covered up. Lee County uses its own Inspection Affidavit / Certificate of Compliance form.
Can you inspect work that is already covered up?
Partly. We look from the attic and any access openings, review the permit record, and base the affidavit on what was observed.
Why can't the engineer who drew the plans sign the inspection affidavit?
Florida law bars a private provider from inspecting a building its own firm designed or constructed. We line up an independent inspector for the affidavit.
What if the work does not meet code?
The drawings show the anchorage or retrofit that brings it into compliance, and your contractor builds it.
My permit expired before the final inspections. Can you help?
Yes. We review the record, visit the house, and prepare the affidavit for the inspections that were missed.
Do you work in Collier County as well as Lee?
Yes. We serve Lee, Collier and Charlotte counties and the barrier islands.
How fast can you turn around permit drawings?
We offer unmatched turnaround times, and 5-7 day rush turnaround is available upon request for a premium fee. Call (239) 292-7670.
Contact
Michael D. Stewart, P.E., LLC
FL REG#: 72459 / CA REG#: 33003
PHONE: (239) 292-7670
EMAIL: MStewart@MStewartPE.com
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