Broward County 40-Year Recertification Requirements

Broward County’s 40-year recertification requirements apply to buildings larger than 3,500 square feet once they reach 40 years from the date their certificate of occupancy was issued, and to the same buildings every ten years after that.¹ If you own one, you have 90 days from the county’s notice to get a licensed engineer or architect to inspect the structure and electrical systems, submit certified reports on the official forms, and begin any repairs the inspection identifies. Miss the deadlines and the fines can reach $5,000 a day, with liens on the property to follow.

Which Buildings Are Covered

The Building Safety Inspection Program applies countywide, in both unincorporated Broward and its municipalities. A building triggers the requirement when it is 40 years old and 3,500 square feet or larger.¹

Several categories are exempt:

Single-family, two-family, three-family, and four-family dwellings with three or fewer habitable stories above ground
Fee simple townhouses as defined by the Florida Building Code
Any building under 3,500 square feet
U.S. government buildings, State of Florida buildings, buildings on sovereign tribal lands, and school buildings under the Broward County School Board
Railroads and their ancillary structures

The size threshold catches owners by surprise. A four-unit apartment with three stories is exempt, but a 4,000-square-foot commercial warehouse with no complaint history still goes through the full program at 40.²

The 90-Day and 180-Day Deadlines

When your building hits 40 years, or its next ten-year cycle, the county or your local building department mails a Notice of Required Building Safety Inspection. Two deadlines follow:

90 days from the date of the notice to complete the inspection and submit the certified report to the building official.¹
180 days from the date of the safety report to pull permits, complete repairs for any deficiencies that threaten life safety, and resubmit the report.³

If you can’t meet the 90-day deadline, the Building Official can grant up to 60 additional days. The extension is not automatic. A licensed Professional Engineer or Architect has to submit a written request along with a signed, sealed statement confirming the building remains safe for continued occupancy during the extension.⁴

Repairs that genuinely can’t be finished in 180 days can get more time if the responsible engineer or architect provides a new schedule, the owner keeps an active building permit for the work, and the professional confirms the building can remain safely occupied while the repairs continue. The building official has to approve the revised timeline.⁴

What the Inspection Covers

Recertification has two parts: structural and electrical.

The structural evaluation examines load-bearing elements: foundations, columns, beams, floor systems, load-bearing walls, and the roofing structure. Inspectors look for concrete spalling, exposed or corroded reinforcing steel, settlement, significant cracking, and distress patterns that suggest the building’s structural capacity is compromised. In South Florida, concrete deterioration from chloride intrusion shows up often.

The electrical evaluation covers the main service equipment, panel boards, branch wiring, grounding systems, and emergency lighting. The inspector looks for outdated or hazardous wiring, corrosion in panels, improper grounding, and any condition that creates a fire or shock hazard.

If nothing significant turns up, the process ends with a certification that the building is safe for continued occupancy. If deficiencies are found, the report has to document each one with enough detail for the building official to evaluate severity and required corrective action. Photographs and sketches of defects are typically included.⁵

Who Can Perform the Inspection

The inspection must be conducted by a Professional Engineer or Architect registered in the State of Florida. The professional must certify that the building is structurally and electrically safe, or has been made safe, for continued occupancy. The Broward County Board of Rules and Appeals requires the engineer or architect to take on these assignments only when qualified by training and experience in the specific technical field involved.⁵ In practice, a structural engineer handles the structural portion, and either the same professional or a qualified electrical engineer handles the electrical side.

Fees vary with building size. Small buildings cost less than larger complexes. High-rises with 100 or more units can cost substantially more, particularly when invasive testing like concrete coring or ground-penetrating radar is needed beyond the initial visual evaluation. Getting quotes from several qualified firms is worth the effort. The cheapest bid is not always the right choice; an inspector who misses corroded rebar in a parking garage doesn’t save you money, only time before the real bill arrives.

Filing the Report

Reports must be submitted on the official Broward County Board of Rules and Appeals Building Safety Inspection Program forms. There are two: a Structural BSIP Inspection Form and an Electrical BSIP Inspection Form. Both are available through the county’s program page.⁶

Completed forms go to the local municipal building official in incorporated areas, or to the Broward County Building Code Services Division in unincorporated areas. Most jurisdictions accept digital submissions, though procedures vary by municipality. Each submission requires an administrative processing fee, and the amount differs by municipality, so confirm with your local building department before filing.

The building official reviews the report for completeness and compliance. Approval certifies the building safe for another ten-year cycle. If deficiencies are identified, the owner receives a notice outlining the specific areas requiring corrective action.¹

Permits for Repairs

Any structural or electrical repairs identified during recertification require a separate building permit before work begins. A licensed and insured contractor for the relevant trade must submit the application along with two sets of documentation describing what repairs are needed and where. Structural calculations may be required depending on the work.³

If you’re unsure whether a specific repair needs a permit, the Broward County FAQ recommends asking the architect, engineer, or contractor you’ve already engaged. The county’s Building Code Division has structural and electrical chiefs available by phone for permit questions.³

Compliance is only finalized when the building official accepts a follow-up report from the engineer or architect certifying that all identified deficiencies have been corrected in accordance with the Florida Building Code. Until that follow-up certification is accepted, the building remains in deficiency status.

Penalties for Ignoring the Notice

Failing to respond to a Notice of Violation can send the matter to a Special Magistrate or code enforcement hearing. Fines can reach $1,000 per day for a first violation and $5,000 per day for a repeat violator.¹ Those fines accrue every day the building stays out of compliance.

The county can also take corrective action itself and recover all costs, including attorney’s fees, by recording a lien against the property. That lien is superior to all other liens and mortgages except tax liens and mortgages recorded before the ordinance took effect. If the lien goes unpaid for three months, the county can foreclose. Violations can also be prosecuted as county ordinance violations under Florida Statute 125.69, which carries misdemeanor consequences.

In the worst cases, a building that fails to complete required repairs can be declared unsafe, which may result in loss of the certificate of occupancy and forced evacuation of occupants. For a building with tenants or condo unit owners, that outcome is catastrophic for everyone involved.

How Recertification Differs From the State Milestone Inspection

Broward County’s 40-year recertification and Florida’s statewide milestone inspection are two separate obligations. One does not satisfy the other, and a condo or co-op building in Broward County may have to comply with both.

Florida Statute 553.899, enacted through Senate Bill 4-D after the Champlain Towers South collapse, requires milestone inspections for residential condominiums and cooperatives three habitable stories or taller. The default trigger is 30 years from the date the certificate of occupancy was issued, with reinspection every ten years. Local enforcement agencies can shorten that trigger to 25 years based on local conditions, including proximity to salt water.⁷

The practical differences:

Broward County’s program starts at 40 years for all qualifying buildings. The milestone inspection starts at 30 years, or 25 if the local agency requires it, but only for condo and co-op buildings of three or more stories.
Broward County’s program covers both structural and electrical safety. The milestone inspection focuses on structural components and load-bearing elements.
Broward County’s program covers any building over 3,500 square feet regardless of ownership type. The milestone inspection applies only to residential condominiums and cooperatives.

A 35-year-old, five-story condo in Broward County needs a milestone inspection under state law but does not yet face county recertification. A 45-year-old office building needs the county recertification but not a milestone inspection. A 45-year-old high-rise condo needs both.⁷

Condo and co-op associations in buildings three stories or taller also have to complete a Structural Integrity Reserve Study at least every ten years under Florida Statute 718.112. Associations that existed before July 1, 2022 were required to complete their initial study by December 31, 2025.⁸ The study is separate from recertification, but the two programs often surface the same building problems, and the reserve funding it drives directly affects an association’s ability to pay for repairs the 40-year inspection identifies.

1
City of Hollywood, FL. Building Safety Inspection Program
2
City of Fort Lauderdale. Building Safety Inspection Program
3
Broward County. 40 Year Recertification FAQs
4
City of Pompano Beach. Building Safety Inspection Program
5
Broward County. Broward County Building Safety Inspection Program
6
Broward County. Building Safety Inspection Program
7
Florida Statutes. Florida Statutes 553.899 – Mandatory Structural Inspections for Condominium and Cooperative Buildings
8
Florida Senate. Florida Statutes 718.112 – Bylaws