Newly Constructed Homes

These suggestions inform homeowners of the steps to follow prior to buying a newly constructed home and during the first year of homeownership. They are meant to orient, guide and protect. Also included is a list of items that usually need to be checked prior to closing, as well as items that should be obtained at closing and information on how to file a claim.

It is recommended that you walk through and inspect the house with the developer/builder or their designee prior to signing the closing documents. You should bring along someone who is knowledgeable in the building trade as your representative, such as a licensed engineer or architect.

The following items should be considered:
- Check for plumbing leaks, noisy water lines, and any indication of a roof leak*
- Check for chipped or loose roof tiles
- Check the operation of air conditioning and heating systems and check for any condensation*
- Check for any malfunctions in appliances (furnished by developer)*
- Check electrical outlets and light fixtures for proper functioning*
- Check surrounding property for possible water drainage problems, such as ponding
- Check kitchen cabinets and vanities for proper functioning
- Check for caulking missing around windows, doors, and other finished areas
- Check for lack of adequate insulation in the attic
- Check for any deviations from the originally approved plans
- Check for chipped, broken or cracked floor and/or counter tiles
- Check the workmanship as related to finish on walls, trim, paint, etc.
- Check the operation of intercom and alarm systems, if provided*
- Verify that doors and windows function properly
- Verify that there are no clogged sewer lines, fixtures, and drains*
- Verify the installation of any required landscaping.
* These items should be checked after all utilities have been turned on.
Owners/buyers of newly constructed homes should obtain the following items before closing:
- A list of contractors and sub-contractors who worked on the house, including phone numbers, addresses and “Certificate of Competency” numbers
- A copy of the approved set of plans for the home from the Microfilm and Plan Library Section online or scheduling an appointment by calling 786-315-2340
- A survey, including location of sewer/septic tank
- All flood zone information from your lender and insurance agent. Determine what type and level of insurance you should carry: homeowners, flood, title, etc.
- A copy of product approvals for the roof system and any other items that have product control approval requirements (e.g. - screen enclosures, windows, French doors, trusses, etc.)*
- Obtain a roof insulation certificate
- Any air conditioning energy cards posted by the mechanical contractor
- A soil statement certificate, if available
- A termite inspection certificate from builder, if available
- A radon test certificate, if available
- Any homeowner association documents, if applicable.
For additional information on product control approvals, visit the Product Control Section or call 786-315-2590.
It is recommended that the owner/buyer of a newly constructed home obtain, at a minimum, a one-year warranty from the developer/builder.
- Ask the developer/builder for all warranties issued by contractors, sub-contractors, and/or appliance manufacturers such as: air conditioning unit, electrical appliances, roof system, etc.
- Make sure warranty certificates are properly filled out and returned to manufacturers, within the proper time frame, to cover repairs or replacement of your new appliances.
- Ask the developer/builder if they have acquired insurance under any of the available Home Warranty Programs. Under these programs, the developer/builder typically provides express warranty for workmanship for one year and for the home systems for two years and buys insurance for another eight years against major structural defects. The warranty companies will step in during the first two years if the developer/builder fails to live up to the agreement. Additionally, the program provides dispute resolution between home builders and homeowners.
Alternatives available if defects are encountered:
- Within a year after the closing of a newly constructed home, notify the developer of any construction defects you notice. The complaints should be in writing and sent either electronically or by certified postal mail with a return receipt requested to verify that the developer/builder and/or contractor received the documents.
- If the developer/builder participated in any of the available Home Warranty Programs, follow their specific instructions in resolving your claims.
- If the developer/builder fails to respond to your complaints, you should contact the Contractor Enforcement Section to file a complaint or call 786-315-2561. You will be required to submit your complaint along with copies of your contract, warranty documents, letters of complaint to the developer/contractor, and any engineer reports you may have independently obtained. The Department will investigate complaints concerning violations of the Florida Building Code and/or plan deviations. If a violation is discovered, a “Notice of Violation” (NOV) will be issued allowing 30 days to correct. Failure to comply with the NOV will result in further enforcement action against the developer/builder to achieve corrective measures.