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Is a re-occupancy inspection required for the sale of your Miami Shores Home?

Ines Hegedus-Garcia
ines@miamism.com

 

Miami Shores is one of the few cities in Miami that still requires a certificate of Re-Occupancy when you sell your home.  Right before closing, sellers are required to pass a re-occupancy inspection.  What exactly is this inspection for?  It's simply to make sure that you are selling a single-family dwelling, as per the city's zoning code.

Who has to request the re-occupancy inspection?

It is the seller's responsibility to get the re-occupancy inspection.  If you work with a good REALTOR, they will know and will take care of the details for you.  It consists of going to Miami Shores Village Hall, filling out a re-occupancy application, paying the required fee, and scheduling the inspection.  The application will read as follows:

I hereby certify that I understand that the zoning for this property is for single-family residential use and that it is unlawful for more than one family to reside therein. I also understand that any Certificate of Re-Occupancy that may be issued by Miami Shores Village certifies only that the referenced property is being used for single family purposes and that such certificate does not constitute any representation, warranty or certification as to the condition of the dwelling or other structures on the property.

When is the re-occupancy inspection done?

At time of application, you request the day and then have to call the village to confirm the time and coordinate with them.  We like to request inspections about a week before a closing since these certificates expire after 2 months.

Why are re-occupancy inspections necessary?

A lot of cities have done away with these and only a few still require them.  Some people claim that it is a city's way to get additional income from its residents, but it really makes sense that the single-family nature of the city is preserved.  The inspection is done to prevent homes from selling as multi-family.

What does the re-occupancy inspection entail?

The inspector is simply looking for second kitchens or evidence that you have additional rentable space in the home.  It is important to note that these inspections are not done to check the condition of homes, if construction was done with permits or if there are any code violations.  They simply warrant that the home is use as a single-family dwelling.

Closing agents should be aware of these requirements but a lot of them don't.  Please make sure you are not stuck without a certificate if you are buying a home, since it will ultimately be your responsibility.  Other cities that require re-occupancy inspections include North Miami, Biscayne Park, El Portal, Miami Springs, Miami Gardens, and Hialeah. Also, please note that  Miami-Dade County has created an ordinance (08-133) requiring a Certificate of Use before title to any any residential dwelling can be transferred from an REO lender after foreclosure.

As always, if you are thinking of selling your home, contact us.  The Miamism Sales Team can provide you with a no-obligation market analysis of your home and we are no-pressure agents that will always work for your best interest.

**originally published 12/20/16

 

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