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when to file noc

FloridaNotice of Commencement

your article says "Property owners must get the Notice of Commencement filed with County public records before the start of the job, but after the building permit is pulled. It is a common misconception and mispractice to file the NOC after getting the building permit." this seems to be contradictory.

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Jan 7, 2020

Florida Notice of Commencement timing

The Florida Notice of Commencement (NOC) timing requirements are a bit tricky, and there are few pitfalls and consequences for filing at the wrong time. But there are 3 main things to keep in mind when filing an NOC.

File a FL Notice of Commencement within 90 days before work begins

First and foremost, an owner before actually commencing to improve any real property, shall record a notice of commencement in the clerk's office. So the NOC needs to be recorded before work actually begins on the project, but within 90 days of when the work commences. That's because, under Fla. Stat. 713.13(2) "if the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such notice is void and of no further effect."

File a FL Notice of Commencement after the mortgage loan is filed

Second, an NOC should be filed after the mortgage loan is filed. Property owner should take care not to file the NOC before they have finalized their mortgage. Any subsequent mechanics liens filed on the property will relate back and attach to the property (for priority reasons) from the date the Notice of Commencement is filed. So if the mortgage isn't secured before the NOC, then mechanics liens will take priority over the mortgage.

Filing a FL Notice of Commencement is not required to secure a building permit

Third, an NOC is specifically not required to be filed prior to issuing a building permit. This is the misconception being referred to. Not only does the itself contains a "warning to owner" referring to the Notice of Commencement, but many county and city building permit checklists include the NOC. However, the language under Fla. Sta. §713.135(1)(e) explicitly states that "when a person applies for a building permit, the authority issuing such permit shall not require that a notice of commencement be recorded as a condition of the application for, or processing, or issuance of, a building permit." You may find this article helpful: Florida Notice of Commencement Checklist and Lien Risk Guide for Owners
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