Challenging Denied Building Permits in Florida

1. When challenging a building permit denial, the agency or officer is subject to judicial review in a mandamus proceeding against the officer or board.
2. To compel the issuance of a building permit, it must appear that the applicant had a right to build in the desired manner and that all valid provisions of law have been complied with by the applicant.
3. Zoning decisions are considered legislative acts of local government, and a board’s action is quasi-judicial. As a quasi-judicial action, a petition of writ of certiorari is an appropriate remedy. 1. Challenging a denial of a building permit starts at the local level and may involve appealing to a local board of appeal and then to the Florida Building Commission.
2. A party may file a writ of mandamus to compel a local agency to issue a building permit if all valid regulations have been complied with.
3. The Florida Building Commission reviews decisions of local building officials and enforcement agencies regarding interpretations of the Florida Building Code or the Florida Accessibility Code for Building Construction.
4. In a case, the Florida Third District Court of Appeal affirmed the issuance of a building permit, stating that the landowners had completed all necessary prerequisites and the denial was done in bad faith. – The Florida Fourth District Court of Appeal ruled that a developer had no substantive due process claim for a denied building permit, as the property interest was created by state law, not the Constitution.
– The Florida Third District Court of Appeal determined that the statute of limitations for appealing a permit denial begins when the landowner’s administrative appeal concludes.
– Alternative methods for challenging a building permit denial in Florida include a “Void for Vagueness” challenge, vested rights claim, substantive due process claim, equal protection claim, regulatory takings claim, the Bert J. Harris, Jr., Private Property Rights Protection Act of 1995, the Federal Civil Rights Act, and a Common Law Writ of Certiorari.

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