Subdivisions, plats, and building codes
When a developer turns a large tract into house lots, three sets of rules come into play: the local subdivision regulations, Florida's plat law in Chapter 177, and the Florida Building Code for whatever gets built.
Subdivision regulation
Subdivision regulations are land development regulations that control how land is divided and improved. Under Fla. Stat. 163.3202(2)(a), every county and city's land development regulations must regulate the subdivision of land. Typical local rules cover:
- minimum lot sizes and street layout;
- required improvements, such as roads, drainage, water, and sewer;
- dedication of streets, easements, or park land to the public; and
- review steps before lots can be sold.
The goal is that buyers get lots with legal access and working infrastructure, rather than paper lots in a swamp.
Florida's plat law (Chapter 177)
Part I of Chapter 177 sets consistent minimum requirements for platting land. Local governments may add stricter requirements by ordinance (177.011).
Key definitions in 177.031:
| Term | Meaning |
|---|---|
| Subdivision (18) | Dividing land into three or more lots, parcels, tracts, blocks, sites, units, or other divisions. It includes creating new streets and resubdivisions. |
| Plat or replat (14) | A map that is a complete, exact representation of the subdivision, meeting Chapter 177 and local ordinances. |
How a plat becomes official:
- The developer has the plat map prepared. It shows the lots, blocks, streets, and easements, tied to permanent survey monuments on the ground.
- The plat must be administratively approved before it is offered for recording (177.071). If the land is entirely inside a city, the city approves. If it is entirely in unincorporated county land, the county approves.
- The approved plat is recorded by the clerk of the circuit court or other recording officer, and a copy is kept for public use (177.111).
Once a plat is recorded, lots can be described by lot, block, and subdivision name, with the plat book and page. That is the "recorded plat" method of legal description covered elsewhere in the course.
The Florida Building Code (Chapter 553)
The Florida Building Commission adopts the Florida Building Code by rule (553.73(1)(a)). The code governs the design, construction, alteration, repair, and demolition of public and private buildings.
- It applies statewide. Local governments do not have to adopt it separately (553.73(6)).
- Local governments enforce it through their building departments.
- Local amendments are allowed only if they are more stringent than the code's minimum standards (553.73(4)).
- The commission must adopt an updated code every 3 years (553.73(7)(a)).
Permits
It is unlawful to construct, erect, alter, modify, repair, or demolish a building without first getting a permit from the enforcing agency (553.79(1)(a)). Inspections follow during construction.
Certificate of occupancy
A certificate of occupancy (CO) is the local building official's confirmation that a completed building passed its inspections and may lawfully be occupied. A CO matters to licensees because:
- a new home usually cannot be occupied, and often cannot close with a lender, until it has a CO;
- concurrency requires sewer, solid waste, drainage, and potable water to be available no later than issuance of the CO (163.3180(2)); and
- unpermitted additions or conversions may lack inspections and approvals, which can affect value, insurance, and financing. These are worth flagging to buyers.
Exam tip: Plat = the map of a subdivision, recorded with the clerk. Permit = before you build. CO = after it passes inspection, before anyone moves in.