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Pick your CU Vendor Carefully in Miami-Dade

Pick your CU Vendor Carefully in Miami-Dade

Miami-Dade County- Certificate of Use Inspections, Ordinance No. 08-133

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The Certificate of Use (CU) requirement is a consumer-protection legislation enacted in December 2008 for unincorporated Miami-Dade County.  There are several municipalities in Miami-Dade where the CU legislation is not required.   The APN parcel number (folio #) should start with 30- to ensure that the CU legislation applies.  The process of the new CU is to document and disclose to the public/buyer, the extent as to which residential properties (i.e. single family, condominium, townhouse, or duplex) acquired through foreclosure comply with all applicable building codes and zoning codes.

The holder of a property, acquired through a Certificate of Title (i.e. lending institutions and mortgagees), is responsible for obtaining the CU on properties acquired after 12/12/2008.  The CU report is performed by a licensed contractor or engineer.  The report is then submitted to the County for review and recording.  The ordinance reads that the recorded report must be available for review by a Buyer prior to going under contract.

Some inspections that are being conducted on these CU required properties are turning up with repairs needed.  As per the CU ordinance, repairs are not grounds for violations. The Department's main concerns are illegalities. Once the inspection report is submitted, if any illegalities are noted, a violation case will be opened immediately.  Please note, a violation(s) will not affect the recording of the CU, the report will still get recorded with the County.

Particular attention should be given to which CU firm is selected.   An immense number of CU Mills sprouted up by individuals wanting to capitalize on this opportunity when the legislation passed.  Most will not inform the Broker / Seller as to illegalities and possible preventable measures that can be taken before the report is actually recorded.  Such preventable measures can assist in bringing a property into compliance so that a violation(s) never comes to fruition.

Miami-Dade has major problems with illegal garage conversions and additions. Resolving these issues at a minimal expense, before the actual recording of a CU, will reduce marketing time and make the property available to financed Buyers.  

For further clarification or questions feel free to contact our office.