Building Permit Exemption Approval Process for Residential Properties

PLEASE READ CAREFULLY TO UNDERSTAND ELIGIBILITY!
AN EXEMPTION APPROVAL IS REQUIRED AND MUST BE POSTED ON SITE BEFORE WORK COMMENCEMENT. 

Florida Statute 553.79 (HB 803, 2026), effective July 1, 2026, creates new building permit exemptions for certain minor residential work. These exemptions apply only when ALL required conditions are met. The building permit exemption only applies to single-family, two family (duplex), or a true townhouse. A townhouse is defined as a single-family dwelling unit not exceeding three stories in height, constructed in a group of two or more attached units with property lines separating such units in which each unit extends from the foundation to roof and with a yard of public way on not less than two sides.

To qualify for an exemption under Florida Statute 553.79 (HB 803, 2026), the property owner or the owner’s contractor shall submit a written exemption request to the City of Miami Building Department, along with the contract and other supporting documentation, as described below. 

IMPORTANT:

  • A building permit exemption does not authorize tree removal, tree trimming, root damage, or work that impacts protected trees. You are not allowed to use the permit exemption to legalize or repair work that was done without a permit, you must first bring that work into compliance prior to requesting a permit exemption under Florida Statute 553.79 (HB 803, 2026). 
  • An approval applies only to the Building Department’s review of the exemption request. An additional review and/or approval from other City departments (e.g., Zoning, Planning, Environmental Resources, Public Works, etc.) may be required before the proposed work may begin. It is the applicant's responsibility to contact those departments to ensure compliance.

     

Exemption 1: Certain Single-Family Residential Work Valued at Less Than $7,500

Under this new rule, an owner of a single-family dwelling, or the owner’s contractor, may be exempted from obtaining a permit for work valued at less than $7,500 on the owner’s property.

Your project must meet ALL conditions to qualify for this exemption: 

  • The property is a single-family dwelling.
  • The total value of the proposed work is less than $7,500.
  • The work does not include electrical, plumbing, structural, mechanical, or gas work.
  • The property is not partially or entirely located in a flood hazard area, as defined by the Florida Building Code.
  • The owner or owner’s contractor submits a written exemption request with documentation showing the nature and value of the work.

IMPORTANT: A construction project MAY NOT be divided into multiple smaller projects for the purpose of staying below the $7,500 threshold.

Exemption 2: Temporary Residential Hurricane and Flood Protection Walls or Barriers

HB 803 also creates a building permit exemption for the installation of certain temporary residential hurricane and flood protection walls or barriers.

This exemption applies when ALL of the following are true:

  • The wall or barrier is non-habitable and non-load bearing.
  • The wall or barrier is installed on the residential property of a single-family dwelling, two-family dwelling, or townhouse.
  • The wall or barrier is intended to mitigate or prevent storm surge or floodwaters from entering a structure or property.
  • The wall or barrier is installed by a contractor licensed under Part I of Chapter 489, Florida Statutes.
  • The wall or barrier complies with applicable local zoning, drainage, easement, and setback requirements.
  • The property is not partially or entirely located in a flood hazard area, as defined by the Florida Building Code. 

Special Flood Hazard Area (SFHA) Guidance

FEMA Flood Zone Description Located in a Special Flood Hazard Area (SFHA)
A 1% annual chance flood hazard; no Base Flood Elevation (BFE) determined YES
AE 1% annual chance flood hazard with BFEs established YES
AH Shallow flooding (1–3 feet), usually ponding; BFEs established YES
AO Shallow sheet-flow flooding (1–3 feet) YES
A99 Area protected by a federal flood protection system under construction YES
AR Area temporarily protected by a flood control system being restored YES
AR/A, AR/AE, AR/AH, AR/AO Combination restoration zones YES
B Nonspecial flood hazard area (NSFHA). Area that is in a moderate-to-low risk flood zone. TBD
C Nonspecial flood hazard area (NSFHA). Area that is in a moderate-to-low risk flood zone. TBD
D Undetermined flood hazard NO
V Coastal high-hazard area with wave action; no BFE determined YES
VE Coastal high-hazard area with wave action and BFEs established YES
Floodway (within AE) Regulatory floodway associated with Zone AE YES
X (Shaded) Moderate-risk area (0.2% annual chance floodplain, or 500-year floodplain) NO
X (Unshaded) Minimal flood hazard NO

 

Steps

Step 1.Before You Start Work

To apply for either Exemption, you must submit a Building Permit Exemption Form. Prior to completing the form, gather the contract and other required information and documentation, including: 

  • Decide whether you are applying for Exemption 1 or Exemption 2 (as described above). 
    • An Property Owner may apply for Exemption 2, but the wall or barrier must be installed by a contractor licensed under Part I of Chapter 489, F.S.
  • Gather the property information: 
    • Property address
    • Parcel/Folio #
  • Visit the City of Miami GIS Zoning map to verify that the property IS NOT LOCATED in a Flood Hazard Area (SFHA), as defined by the Florida Building Code. 
    • In the City of Miami GIS Zoning map, click on the FLOOD tab to view your designated flood zone area and an explanation. 

Step 2.Determine Who Submits the Request

  • If the applicant is a Licensed Contractor, the following information is required:  
    • Company name
    • License number
    • Company address
    • Company email
    • Company phone number
    • An estimate detailing scope and value of the work (if requesting Exemption 1: Work Valued at Less Than $7,500)
  • If the applicant is the Property Owner, the following information is required: 
    • Property Owner name
    • Property Owner phone
    • Property owner email
    • Provide an estimate detailing scope and value of the work (if requesting Exemption 1: Work MUST be valued at less Than $7,500)
  • Property Owners and Licensed Contractors must provide any additional information necessary to determine whether the work qualifies for a permit exemption. 
  • Property Owners may request Exemption 2, but the work must be performed by a licensed contractor. 

Step 3.Submit the Building Permit Exemption Request (HB803) Form

Complete the Form

Step 4.Next Steps

  • City staff will review the request.
  • If you qualify for the exemption, the City will issue written confirmation letter via email that the proposed work is exempt from the building permit requirements under Florida Statue 553.79 (HB 803, 2026). 
  • If the Building Department requires additional information or documentation to make a decision, you will receive an email with the request. 
  • If the request does not qualify, a building permit will be required before work begins. 
IMPORTANT DISCLAIMERS: 
  • An approved permit exemption means only that a building permit is not required for the specific scope of work described in the approved exemption request.
  • Your building permit exemption does not relieve you from complying with all applicable laws and ordinances, including Floodplain, Zoning, Planning, Public Works, and Historic Preservation requirements. The property owner or contractor remains responsible for obtaining any other departmental approvals or permits beyond a building permit.

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