Quick AnswerEffective July 1, 2026, Florida's HB 803 (Chapter 2026-63, Laws of Florida) exempts work on a single-family dwelling valued under $7,500 from building permit requirements — but the exemption does not cover electrical, plumbing, structural, mechanical, or gas work, does not apply to property in a flood hazard area (which covers much of South Florida), and still requires a written exemption request to the local building department. "No permit" also does not mean "no rules": the work must still meet the Florida Building Code. Already have a violation for unpermitted work? HB 803 won't automatically erase it — but depending on your facts, it may support an argument to reduce a fine or a lien. Call The Code Clinic at (305) 396-1495 for a free review.
When Governor DeSantis signed HB 803 in May 2026, the headlines wrote themselves: Florida homeowners no longer need a building permit for home projects under $7,500. It sounds like a sweeping win for property rights — and in a narrow sense, it is. But the exemption is far smaller than the headlines suggest, and property owners who rely on the headline version of this law are going to get cited. The Code Clinic, PLLC defends property owners against code enforcement across Florida — here is what HB 803 actually says, who qualifies, and what it means for anyone already facing a violation.
What HB 803 actually exempts
Starting July 1, 2026, a local government that issues building permits must exempt the owner of a single-family dwelling — or the owner's contractor — from the requirement to obtain a building permit for work valued at less than $7,500 on the owner's property. The exemption is not automatic: the owner or contractor must still submit a written request for exemption to the local building department, along with documentation showing the nature and value of the work. That written request matters — it is your paper trail if the work is ever questioned at a hearing, at a sale, or by an insurer.
The statute also expressly prohibits dividing a larger project into multiple smaller projects to duck under the $7,500 threshold. A $12,000 renovation invoiced as two $6,000 jobs is not clever — it is the exact maneuver the statute names and forbids, and building officials have seen it for decades.
The five excluded trades — and how broadly "structural" reads
The exemption does not apply to any electrical, plumbing, structural, mechanical, or gas work, regardless of value. This is where most real-world projects fall out of the exemption. "Structural" in particular is read broadly by building departments — windows, doors, roofing, decks, and pool safety barriers all implicate structural or life-safety review in most jurisdictions. If your project touches any of the five excluded trades, you still need a permit, and in many cases a licensed contractor as well — HB 803 changed permitting, not Florida's contractor licensing laws.
What realistically qualifies is cosmetic, non-trade work: interior and exterior painting, drywall repair, flooring, cabinetry, trim, and similar general improvements under $7,500 that never touch an excluded system.
The flood hazard area exclusion — the South Florida problem
The exemption does not apply to property located partially or entirely in a flood hazard area. That single sentence quietly cancels the exemption for an enormous share of South Florida. Large portions of Miami-Dade, Broward, and Palm Beach counties sit in FEMA-mapped flood hazard areas — in some coastal municipalities, most of the city does. Before assuming HB 803 applies to your property, check your flood zone designation. If any part of the parcel is in a flood hazard area, the exemption is off the table and standard permitting applies.
"No permit" does not mean "no rules"
HB 803 removes a permit requirement for qualifying work. It does not repeal the Florida Building Code. Exempt work must still be performed to code — and code enforcement can still cite work that violates the Building Code, zoning requirements, or local ordinances. A property owner who does exempt work badly, or who mistakes the permit exemption for a general immunity from code enforcement, can still end up in front of a Special Magistrate. If that notice arrives, here is exactly what to do first.
Cited for unpermitted work?
Attorney Ari Pregen reviews your violation free — flat fee, no hourly billing, no surprises.
Already have a violation? What HB 803 means for existing cases
HB 803 does not automatically erase existing code violations, accrued fines, or recorded liens for unpermitted work. The law is prospective — it changes what requires a permit going forward. But that does not make it irrelevant to pending cases. Depending on your facts, the new law may support an argument in mitigation: where the cited work is the kind of minor, non-trade improvement that would now be exempt from permitting entirely, that change in the law can be a persuasive equitable argument for reducing a fine at the hearing stage or reducing a recorded lien under Florida Statute §162.09's reduction process. Whether the argument applies — and how much weight it carries — depends on your jurisdiction, your magistrate, and your case posture. This is exactly the kind of argument that gets made well by an attorney and badly by a property owner appearing alone.
The HOA provision nobody is talking about
Buried in HB 803 is a provision that matters to every homeowner in an HOA community: the law amends Chapter 720, Florida Statutes, to prohibit homeowners' associations from requiring a building permit as a precondition for architectural review of an owner's proposed improvements. If your HOA has been demanding that you produce a permit before it will even review your application, that practice is no longer allowed under Florida law. For the many South Florida communities governed by associations, this is a meaningful procedural change — and one more area where associations that keep enforcing the old rule expose themselves. Read more about defending against improper HOA fines in Florida.
Frequently asked questions
Does HB 803 mean I don't need a building permit anymore?
Only for a narrow category of work: single-family residential projects under $7,500 that involve no electrical, plumbing, structural, mechanical, or gas work, on property outside a flood hazard area — and only after filing a written exemption request with the local building department. Most substantial projects touch at least one excluded trade and still require a permit.
Does HB 803 apply in South Florida flood zones?
No. Property located partially or entirely in a flood hazard area does not qualify — and that covers a large share of Miami-Dade, Broward, and Palm Beach. Verify your flood zone before relying on the exemption.
Will HB 803 erase my existing violation for unpermitted work?
No — but it may help. The law does not vacate existing violations, fines, or liens, but depending on your facts it can support an argument to reduce a fine or lien where the cited work would now be exempt. Call The Code Clinic at (305) 396-1495 for a free review of whether the argument fits your case.
Does exempt work still have to meet the Florida Building Code?
Yes. The exemption removes the permit, not the code. Work that violates the Building Code or local ordinances can still be cited by code enforcement even if no permit was required.
Facing a code violation for unpermitted work — or unsure whether HB 803 changes your case? Call The Code Clinic at (305) 396-1495 for a free review. Attorney Ari Pregen will tell you exactly where your project stands under the new law and what your options are. Flat fee. No hourly billing. No surprises.