Frequently Asked Questions

FBC 2023 (8TH ED.), NEC 2020, 2023 FFPC (NFPA-1 & NFPA 101-2021 8TH ED.)

The Florida Building Code states that the “code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength and to provide safety to fire fighters and emergency responders during emergency operations”.

A permit shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or appurtenances connected or attached to such buildings and/or structures.

The cost of a permit varies depending on the permit type. Building permit fees are determined by the valuation of the project in most instances. Contact the Building Department Permit technician  at  407-656-4111 ext. 5136 for specifics and details on permitting cost.

The Building Official will issue a notice to obtain a permit. Once a permit is applied for the cost will be triple the fee for an after the fact permit. If no action is taken, a Notice of Violation will be issued and could result in fines being levied.

Please beware of unlicensed contractors asking you to pull your own permit as that may be a red flag. When you pull the permit, you are responsible for the work, not the person performing the work.

You do not necessarily have to have a Contractor, when building or improving one-family or two-family residences for the use of the owner and they are not offered for sale or lease. Commercial property improvements can be performed by the owner up to a dollar value of $75,000 if the property is for the use of the owner and not offered for sale or lease. Sale or lease of either the residence or commercial structures by the owner-builder within 1 year after completion creates a presumption that the construction was undertaken for purposes of sale or lease.

To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner’s obligations under the law as specified in the disclosure statement in this section. Please see Florida Statutes 489.103 (7)(a) for more information on the Owner-Builder exemption.

Please note: A corporation or an LLC are unable to qualify for an owner builder exemption, as a corporation or LLC lacks the ability to personally appear and sign the building permit as required by the exemption. Per Attorney General Opinion AGO 91-05 Issued January 10, 1991, and reaffirmed by informal opinion: INFORMAL Issued July 20, 2014

Ask for and check references. Ask to see their state license. Check the number on the state web side myflorida.com for any complaints filed with the state. Also ask for a copy of their workers compensation and general liability insurance. If they ask you to pull the permit, “beware”, they may not be licensed, which puts the homeowner totally at risk.

•    Residential permits- including accessory structures under 7500 square feet that require plan review: if you have all the information and documents required (including your Planning and Zoning approval form), and revisions are not needed can take up to thirty (30) business days, depending on the workload. 

•    Smaller projects- like residential re-roofing, window and door change-outs, AC like-for-like change-outs, etc., are processed over the counter if you have all the information and documents required. 

•    Commercial buildings/signs/multifamily permits- all projects require a review, and multiple departments, including but not limited to the building department, fire department, and engineering department, perform reviews for your project. If you have all the information and documents required (including your Planning and Zoning approval form), and revisions are not needed can take up to 60 business days. 

The list of required inspections is located on the permit placard. Instructions on scheduling these inspections will be provided when a permit is issued. 

It is the applicants (Owner Builder/Contractor) responsibility to ensure that all required inspections are made prior to proceeding with work on the project. 

For new residential & commercial buildings, once all fees are paid and all required inspections are completed, the Owner/Contractor will be issued a CO (Certificate of Occupancy) or upon request a COC (Certificate of Completion) for smaller projects can be given.

Permits expire and become null and void if work is not started and an inspection requested within 180 days from the issuance date of the permit. After work has begun the permit will expire when work is suspended or abandoned for a period of 180 days. Lack of an approved inspection within this time will serve as validation that the job has been suspended or abandoned. Approved inspections will extend the permit six (6) months. An extension may be granted if a written request is submitted to the Building Division for review.

Permits are submitted and picked up in the Winter Garden City Hall 1st floor, located at 300 West Plant Street, Winter Garden, FL 34787

A construction drawing or plans must be submitted with a complete application and scope of work form. These construction drawings or plans must show all proposed work and details of compliance to building codes and zoning ordinances for most residential projects. Plans that are incomplete will be returned. The MOT Guidelines, Site Control Guidelines, and Work the Winter Garden Way forms are required for all permit submittals also.

No construction is allowed until the permit is issued. Once the permit application and accompanying plans have been submitted, following approval of the plan and payment of fees, the permit may be picked up at the Building Department located downtown in the City Hall Building at 300 West Plant Street. A special request in writing for permission to start early may be submitted to the Building Official on a case by case basis.

The type and number of inspections depends on the project.

If a change is desired to a project, a revised set of plans must be submitted to the building division that clearly shows the revisions in relationship to the approved plans. The revisions must be approved by the building division’s Plans Examiner and an approved copy must also be available on the site prior to the next inspection.

Once a permit is issued; construction must begin within 180 days. If this time period is passed, the permit will automatically expire and an extension must be requested in writing.

The City of Winter Garden does not require an HOA approval. However, if you live in a community with an homeowners’ association (HOA), the HOA’s approval may be required prior to commencing the work related to this permit application.  Please contact your HOA and verify if you need HOA approval and if so, get HOA approval prior to commencing any work.  A permit issued by the City does not allow you to violate any HOA covenants and restrictions or avoid the HOA or architectural review board approval process.  The City is not responsible for ensuring that you obtain HOA approval or that the permitted work is in compliance with your HOA’s restrictive covenants and governing documents.   

Permits are required for exterior projects, such as a new addition, swimming pools, fences, decks, bay window, screened porches/stoops, and hot tubs. All exterior construction projects that require the issuance of a building permit must also meet certain zoning requirements related to height and setback distance. A sediment control or silt fence may also be required to protect adjoining properties. An Impervious Calculation Worksheet may also be required depending on the type of work to be completed. If you have a question, call the building division at 407-877-5136.

Impervious calculations are the total area of the lot with a solid pad/ roof area that does not allow water to penetrate through the ground i.e., house foundation, driveways, porches, sidewalks, sheds, pergola, decks, patios and pool areas.  Please note that the water surface of pools are calculated as 50% of the total area square footage.  Any time a permit is being requested to extend, add on or create a solid base or solid roofed area to existing or additional structure, an Impervious Calculation worksheet must be included showing current solid areas or pavers and what is being added to existing.  Each lot/ parcel has an Impervious surface percentage that can not be exceeded.  Please check with the Planning & Zoning Department for what the impervious ratio is for a particular lot/ parcel.   

Permits are required for interior projects including, but not limited to, any electrical, mechanical (A/C), plumbing, gas, new interior walls, removal of interior walls, finished attics, new bathrooms and kitchens. If you have a question, call the building division at 407-877-5136.

A mechanical permit is required to replace a mechanical heating, or air-conditioning system. This includes, but is not limited to, furnaces, heat pumps, and duct work. The repair of existing units usually does not require a permit. Most commercial mechanical work will require a permit.

An electrical permit must be obtained prior to commencement of any new or added electrical work.

A plumbing permit must be obtained prior to commencement of all new plumbing work and most replacement projects.

Garage Sale:

A garage sale shall not last more than two consecutive days. A garage sale may not be conducted by any resident, including a representative of a resident, more than once every six months, except one garage sale may be conducted within six months from the last garage sale if the garage sale is due to the sale of the residential property. For purposes of this article, the term "resident" shall be deemed to include all or any persons within the household.

Sign requirements:

One sign with a maximum area of three square feet in size and up to six feet in height may be posted at the site of the garage sale or estate sale, and two directional signs with a maximum area of one and one-half square feet in size may be posted. The directional signs shall be placed so that the total height above the ground level does not exceed two feet and may be placed behind the street curb or beyond the edge of the street in the public right-of-way provided vehicular and pedestrian traffic is not obstructed. Sign placement is subject to removal or relocation by a property owner if placed on said property owner’s property without said property owner’s permission. Signs may not be attached to any city traffic sign or traffic control device, walls, fences, trees, or utility poles. Neighborhood or citywide garage sale events may utilize other approved signs by obtaining a special event permit. Signs not meeting the criteria described in this paragraph are subject to removal and disposal by the city. The foregoing signs shall be removed within 24 hours of the conclusion of the garage sale or estate sale as the case may be.

Additional information is available on the Municipal Code Website:

https://library.municode.com/fl/winter_garden/codes/code_of_ordinances?nodeId=PTIICOOR_CH22BU_ARTVREGASA