August 19, 2022

Volume XII, Number 231

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Miami Building Permits: Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida Building Code authorizes the issuance and use of phased permits throughout the state at the discretion of building officials. Developers in Miami and Miami Beach are actively using this option. In the cities of Miami and Miami Beach, approval from the Department of Environmental Resources Management as well as an agreement/verification from Water and Sewer is now needed to receive a phased permit. This is a new element that was not originally required. Applicants should be prepared to provide this documentation as part of their phased permit application.

cranes Given the fact that the phased permit is a permit that is issued pending (not in lieu of) an official building permit, the holder of the phased permit proceeds at his or her own risk when beginning construction upon receipt of the phased permit. Thus, applicants are required to execute a Hold Harmless letter/form reflecting that they understand the risk and relieve the municipality of all liability resulting from or in connection with the phased permit. Applications proceed with the understanding that it is possible that in order to receive the official building permit, portions or all of the construction that has been completed under the phased permit would need to be modified or removed. Applicants must cautiously weigh the risks when deciding to begin major construction using a phased permit.

As development rebounds in South Florida, the use of phased permitting is allowing projects to stay on course and meet proposed construction deadlines. By allowing construction to proceed via phased permits, developers do not have to be handicapped by the delays that may arise from complicated and bureaucratic permitting processes and can sooner capitalize on the market demand for their projects.

Read more about the procedures for phased permits in the City of Miami and the phased permits in the City of Miami Beach.

© 2022 Bilzin Sumberg Baena Price & Axelrod LLPNational Law Review, Volume IV, Number 225
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About this Author

Javier Avino, Government Relations, Bilzin Sumberg Law Firm, Miami
Partner

Javier is the first stop for developers before they put a shovel in the ground. Javier assists clients in obtaining the necessary development approvals for major high-rise residential condominium and rental projects, commercial and institutional buildings, single-family residential developments, affordable housing developments, and public-private partnerships. He represents both international and domestic clients in the private sector and is Co-Chair of the Firm's International initiative.

Javier also has extensive experience representing clients in the restaurant...

305-350-7202
Vicky Garcia-Toledo, Real Estate Attorney, Bilzin Sumberg Law Firm
Partner

A. Vicky Garcia-Toledo's practice focuses on land development, land use, zoning and government relations. She represents clients in complex matters involving development, land use and zoning, historic preservation, the procurement of government contracts, code compliance and enforcement and construction permitting.

Vicky has guided clients through the complexities of obtaining Special Area Plans (SAP) and Major Use Special Permit (MUSP) approvals throughout Miami-Dade County, specializing in the City of Miami. She has secured approvals for the development of projects including River...

305-350-2409
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