How to Use a Private Provider for Building Permits
A private provider is a person licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter 471, or as an architect under chapter 481 (section 553.791(1)(n), Florida Statutes).
At Reach Commercial Real Estate, we represent tenants. We help you find locations, compare costs, investigate property questions and negotiate the lease. You bring your business plans. We help you evaluate where those plans fit.
This guide covers who can choose a private provider, the fee reductions, the time limits in the statute and the notice Melbourne requires.
1. Learn how a private provider works for permits
The fee owner of a building or structure, or the fee owner's contractor upon explicit written authorization from the fee owner, may choose at any time to use a private provider to provide plans review or building code inspection services for the building or structure. The fee owner or contractor may make payment directly to the private provider (section 553.791(2)(a)).
Subsection (2)(a) names the fee owner and the fee owner's contractor.
For promising spaces, bring your contractor and design professional into the review. We help gather property information. They evaluate the technical work and cost.
2. Compare the permit fee reductions
On commercial projects, the local enforcement agency must reduce the permit fee by at least 25 percent of the portion attributable to plans review or building inspection services, as applicable.
If a private provider is retained for all required plans review and building inspection services, the local enforcement agency must reduce the total permit fee by at least 50 percent of the amount otherwise charged for such services (section 553.791(2)(d)).
3. Compare the time limits
Section 553.792(1)(a)4. gives a local government 60 business days to approve, approve with conditions or deny a complete and sufficient application for signs or nonresidential buildings under 25,000 square feet. That deadline applies to an applicant using a local government plans reviewer. With a private provider who is an engineer or architect, the building official has 10 business days under section 553.791(12), which is 50 business days fewer than 60.
Section 553.791 sets these time limits for a private provider:
Incomplete forms: the local building official must give written notice of any incomplete forms or documents no later than 10 business days after receipt of a permit application. If the official gives no notice in that time, the permit is deemed approved as a matter of law and must be issued on the next business day (section 553.791(8)(b)).
Engineer or architect affidavit: the official must issue the requested permit, or give written notice identifying the specific plan features that do not comply with the applicable codes and the specific code chapters and sections, within 10 business days after receipt of the permit application and affidavit (section 553.791(12)).
Certificate of occupancy: no more than 10 business days after receipt of a request and the applicant's presentation of a certificate of compliance and approval of all other government approvals required by law, including payment of all outstanding fees, the official issues the certificate or gives notice of incomplete forms or documents (section 553.791(16)(a)). If the official misses that window, the request is automatically granted and deemed issued as of the next business day (section 553.791(16)(b)).
4. Know the inspection rules
The local building official may not prohibit the private provider from performing any inspection outside the official's normal operating hours, including after hours, weekends, or holidays (section 553.791(10)).
The private provider posts each completed inspection record, indicating pass or fail, and provides it to the official within 4 business days (section 553.791(14)). An emergency inspection must be conducted within 3 business days after the private provider is contacted (section 553.791(13)).
5. File Melbourne's notice
Melbourne's Private Provider Information page says the program is governed by Florida Statute Sec. 553.791.
Fee reductions for plan review can only be provided if the Notice to Building Official form is submitted with the permit application. When private provider services are used for inspections only, the notice must be submitted to the city before the first scheduled inspection for the permit. The page states no review time for private providers.
We want to know which approvals apply before you commit. If additional approvals are necessary, we bring the expected process and timing into the lease discussion.
Our role is to help bring these findings into your property decision. Your qualified professionals and reviewing agencies determine the requirements.
6. Put the permit path into your lease
Once you select a property, we negotiate the business terms, and your Florida commercial leasing attorney reviews the legal language and documents. You can ask for a permit contingency and free rent during the buildout. Every term on our lease checklist is yours to ask for.
Extra items to check
Fire system permits. Melbourne's Building Section says fire system permits (alarms, sprinklers, etc.) typically average 7 to 10 working days for approval or response on a single review.
Fire plan review. Melbourne's Fire Prevention Office reviews fire and evacuation plans for facilities including commercial and medical or health.
Courtesy inspection. Brevard County Fire Rescue's Office of Fire Prevention offers free courtesy inspections for businesses with fire and life safety questions about a potential new location.
Schedule changes. If the project schedule changes, raise the lease implications early. Review the documents with your attorney rather than assume a delay changes your payment obligations.
Start your search with Reach
You do not need to find the property before calling us. Helping you find and evaluate the property is part of our work.
Bring your requirements, budget, preferred area and target opening date. For each candidate, we request previous use and available floor plans, and existing equipment and available records. We will use those details to build your search, compare locations and negotiate the lease. In most deals the landlord pays our fee.
Already found a space? Send me the address and listing. We will start with the property questions and deal terms you need to investigate.
Call Cassandra Hartford at 321-514-0876.
Related: the leasing guide.
Frequently Asked Questions
Does a private provider cover the fire code?
The statute defines "applicable codes" as the Florida Building Code and any local technical amendments to the Florida Building Code, and it does not include the applicable minimum fire prevention and firesafety codes adopted pursuant to chapter 633 (section 553.791(1)(a)).
Can a private provider inspect a building the provider designed?
A private provider may not provide building code inspection services upon any building designed or constructed by the private provider or the private provider's firm (section 553.791(3)).
Which 2026 law amended section 553.791?
Chapter 2026-63, Laws of Florida (CS/CS/HB 803, "Building Permits and Inspections"), amended sections 553.791 and 553.792. The act's last section reads "Section 12. This act shall take effect July 1, 2026. Approved by the Governor May 6, 2026."
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Written by Cassandra Hartford, founder and CEO of Reach Commercial Real Estate. She has worked in Brevard County commercial real estate for 17 years, representing buyers, sellers, landlords, and tenants across Florida's Space Coast.
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