Building in South Florida from out of state: a guide for remote owners

Many South Florida owners build or renovate here while living in New York, Latin America, Europe or Canada. It can work well, but it means making big decisions about a site you aren’t standing on, under unfamiliar rules.

Permits and approvals

Every project is permitted under the Florida Building Code by the local building department: the city, or the county in unincorporated areas. Many properties also need discretionary approvals:

• In Miami Beach, the Design Review Board or the Historic Preservation Board, depending on location
• In Coral Gables, the Board of Architects
• In the Town of Palm Beach, the Architectural Commission (ARCOM) and, for landmarked properties, the Landmarks Preservation Commission
• In Fort Lauderdale, the Development Review Committee for site plan–level projects
• HOA or condominium architectural approvals, on their own calendars

Permit review in Miami-Dade can take months. Build that into the schedule and make someone accountable for every resubmittal.

Before work starts, the owner records a Notice of Commencement under Florida’s Construction Lien Law. Plan ahead for how a remote owner will sign and notarize it and other documents. (General information, not legal advice. Your Florida attorney can confirm the requirements.)

The hurricane code: HVHZ and product approvals

Miami-Dade and Broward counties are a High-Velocity Hurricane Zone (HVHZ) under the Florida Building Code, with stricter requirements for roofs, windows, doors, shutters, skylights, garage doors and the structural connections that hold them. Palm Beach County is outside the HVHZ but is still designed for high wind.

In the HVHZ, exterior products generally need a Miami-Dade Notice of Acceptance (NOA) or a Florida product approval valid for HVHZ use. In practice:

• A window or door from another market may not be approved here, or not in the size or design pressure your building needs
• Impact windows and doors are often long-lead items, and their delivery sets the dry-in date
• Approvals and shop drawings are checked in permitting and inspections, so late substitutions cost time

Flood zones

Much of coastal South Florida is in FEMA special flood hazard areas, such as zones AE and VE on Flood Insurance Rate Maps. There the lowest floor must be elevated relative to the base flood elevation, and many municipalities require extra freeboard.

• Confirm the flood zone and base flood elevation before design. They set floor heights, foundations, stairs, driveways and building height
• Get an elevation certificate for permitting and flood insurance
• For renovations, know the substantial-improvement rule: under FEMA floodplain rules as adopted locally, if improvements reach 50% of the structure’s market value, the building generally must meet current flood requirements. Some municipalities count improvements over several years.
• Docks, seawalls and other waterfront work can need county, state and sometimes federal review

Scheduling around hurricane season

The Atlantic hurricane season runs from June 1 through November 30. Work continues, but the schedule should account for it:

• Aim to be dried in, with the roof on and openings protected, before late summer and fall
• Require a written hurricane plan in the contract: securing materials, scaffolding and cranes, protecting openings, and who does what when a watch is issued
• Check the builder’s risk policy and its named-storm deductible
• Set in the contract how weather days are claimed and documented
• Expect labor and materials to get tight after a storm

Who to trust

From a distance, check things yourself.

• Verify the license. Florida contractors are licensed by the state through the Department of Business and Professional Regulation (DBPR), and some trades also locally. Check status and complaints yourself.
• Verify insurance: general liability and workers’ compensation, with certificates sent directly from the agent.
• Check references from owners, not only architects, and visit completed projects.
• Avoid large upfront deposits. Pay against work in place under a schedule of values.
• Be careful with owner-builder suggestions. Florida’s owner-builder route puts legal responsibility on the owner and rarely suits someone who isn’t here.
• Watch for wire fraud. Confirm any new or changed wiring instructions by phone, on a number you already know.

The people most eager to help a remote owner are often paid by the build. Have someone on site who works only for you.

How remote reporting should work

Expect:

1. A weekly written report: progress, dated photos, decisions made and needed, budget, contingency and risks
2. Live video site walks at layout, rough-in before drywall, window installation and finishes
3. A decision log of every selection, change and approval, with who decided and when
4. Monthly pay application packages with the review, adjustments and lien waivers, ready for electronic signature
5. A written approval matrix: what the owner’s rep can approve in the field (for example, clarifications with no cost or time impact) and what goes to the owner
6. A plan for owner visits at the milestones that matter most

Owners abroad should set a fixed weekly call and a turnaround time for decisions, so the site doesn’t wait on a reply.

How Monster Project Group works for remote owners

For owners outside South Florida, MPG acts for the owner on site, within the authority the owner sets in writing. We manage design, approvals, contractor selection, contracts, pay applications and quality, and report in a format made for someone who can’t walk the site. Osher Dyce has worked with owners in Sydney, New York and Los Angeles.