The 2026 Florida Building Code, Ninth Edition (2026 FBC)[1], and the 2026 Florida Fire Prevention Code, Ninth Edition (2026 FLFPC) (together, the 2026 Codes), will take effect on December 31, 2026. Developers, contractors, architects, and others planning for a Florida construction project in the near term should consider how the transition may affect projects that have not yet begun the permitting process, and whether to try to vest such projects under the current code(s) editions.
Effect on Permit Applications
Florida Statutes provide: “The edition of the Florida Building Code which is in effect on the date of application for any permit authorized by the code governs the permitted work for the life of the permit and any extension granted to the permit.”[2][3] Accordingly, any building permit application first submitted on or after December 31, 2026, must comply with the 2026 FBC.
The procedures for determining when an application is considered submitted, and for treating applications submitted or pending around the transition date, vary by local permitting authority. For example, the Miami-Dade County Department of Regulatory and Economic Resources (RER) has stated that submissions received through its online portal after 4 p.m. on December 30, 2026, will be subject to the 2026 edition.[4]
Each permitting jurisdiction sets “minimum submittal requirements” for an initial building permit application. Meeting those requirements affects whether a project will vest under the current edition of the FBC. Similarly, different jurisdictions may apply their own requirements when determining the applicable Codes edition for permits that expire on or before December 30, 2026, and the application to reinstate or renew them are filed on or after December 31, 2026.
For example, Miami-Dade County RER has announced that expired applications for building permits filed before December 30, 2026, may qualify for an extension by the Building Official if the applicant submits a written request within 180 days after expiration and demonstrates that the application was not abandoned and was pursued in good faith. RER states that applications that do not meet these conditions will require a new process number, payment of applicable upfront fees, and construction drawings that conform to the 2026 FBC.[5]
Applications for entitlements and other zoning-type approvals, by themselves, are insufficient to vest a project under a particular edition of the FBC. Only the filing of the application for building permit can vest the FBC edition a project will be subject to. Owners and developers with projects in design or with applications for entitlements pending may wish to consider coordinating with their design teams now to determine whether they can satisfy the jurisdiction’s minimum submittal requirements and file a building permit application before the cutoff. If not, they may wish to plan and budget for any redesign as necessary under the 2026 FBC.
Owners and developers planning to use private providers, phased permitting, or both should consult with the project’s permitting jurisdiction (and intended private provider, as applicable) to confirm what actions must be taken and which documents must be filed with the jurisdiction by December 30, 2026, for the permitting jurisdiction to establish a building permit application date of December 30, 2026, or earlier. Owners should also confirm the status of any pending or expired applications so that any extension request can be timely submitted.
Parties to construction and design contracts may wish to review how code-change risks and related costs are allocated. Applicants using the “Cookie Cutter” or “Master Model” programs should also begin updating their models to comply with the new code to avoid permitting delays.
Notable Changes to the Florida Building Code, Building
The following are examples of changes to the Florida Building Code that may impact real estate and construction projects in South Florida. This summary is not exhaustive, and the 2026 FBC should be consulted for its full requirements.
- Flood documentation. For commercial buildings, construction drawings must now include base flood elevations, “proposed” lowest floor elevations, and dry floodproofing design certification on a FEMA Dry Floodproofing Certificate or equivalent. For residential buildings, construction drawings must also include base flood and proposed lowest floor elevations. During construction, a FEMA Elevation Certificate (or equivalent) confirming the building’s elevation at the foundation and final inspections must be submitted to the local permitting authority. For buildings with dry floodproofing systems, a FEMA certificate confirming the construction of those systems must also be submitted. New Section 1612.4.4 applies flood requirements to structures other than buildings, such as pole barns, gazebos, platforms, and boat shelters.
- Corrosion resistance in saltwater environments. New Section 1711 establishes corrosion-resistance requirements for fasteners, metal connectors, and plates located within 3,000 feet of a saltwater coastline. It sets criteria for stainless steel, enhanced galvanizing, and standard galvanizing based on distance from the coastline and exposure to salt-laden air. Cross-references to Section 1711 appear throughout the exterior wall, roofing, steel, and wood chapters. Given the extent of coastal development in South Florida, this change may affect specifications and procurement for a significant number of projects.
- Construction site safety plans and vibration limits (Chapter 33). New Section 3302 requires the owner or the owner’s agent to develop, implement, and maintain a site safety plan; designate a site safety director; and have that director conduct daily site safety inspections. It also provides remedies for failing to conduct or document inspections or maintain the required documentation. New Section 3307.3 requires vibrations from permitted construction or demolition to be monitored and controlled by the project’s engineer of record, with vibrations from pile driving, deep foundations, and other activities limited to a peak particle velocity of 0.5 inches per second.
- Other notable items. New Section 1208.3 requires dwelling units to have at least 190 square feet of habitable space and sleeping units to have at least 70 square feet of net floor area. The allowable number of stories for Group S-1 occupancies of Type IIB and IIIB construction increases from three to four, which may be relevant to self-storage and warehouse developers. Public restroom facilities are no longer required for food service structures and tenant spaces intended for quick transactions (takeout, pickup, and drop-off) with a public access area of 300 square feet or less.
For a more complete analysis of the changes from the 2023 FBC to the 2026 FBC, see Analysis of Changes for the 9th Edition (2026) Florida Building Code on the Florida Building Commission’s website.[6]
[1] 2023 Florida Building Code, Eighth Edition is referred to as 2023 FBC.
[2] § 553.73(7)(d), F.S.
[3] “The new building or structure provisions enumerated within the Florida Fire Prevention Code… shall apply only to buildings or structures for which the building permit is issued on or after the effective date of the current edition of the Florida Fire Prevention Code.” § 633.208(4), F.S. However, many fire departments apply the FLFPC edition in effect on the date of application for building permits to maintain consistency with the Florida Building Code.
[4] Miami-Dade County, Florida Building Code, Ninth Edition (2026) update takes effect Dec. 31, https://www.miamidade.gov/global/news-item.page?Mduid_news=news1791397644780301, October 7, 2026.
[5] Id.
[6] https://www.floridabuilding.org/fbc/Links_to_Code_Resources.html, last visited November 9, 2026.