Building or renovating a home is one of the biggest investments most people will ever make. So when an inspector walks through your property and fails it, it can feel like your dream has hit a brick wall. The good news is that a failed inspection is not the end of the road. It’s a common hurdle that homeowners in both New York and Florida face, and the law provides specific ways to correct, appeal, or escalate the situation.

In this post, we’ll break down what to do immediately, what your rights and responsibilities are under New York and Florida law, how to deal with contractors who won’t cooperate, and what resources are available if you need to take things further.

Immediate Steps After a Failed Inspection

First, don’t panic. Many failures are for small issues that can be corrected quickly. Here are your top priorities:

• Do not occupy the space if you’ve been told not to. In New York City, for example, you cannot legally move in without a Certificate of Occupancy or a Temporary Certificate of Occupancy. Florida local codes also require approval before occupancy.
• Get the inspection report in writing. This will list every violation or issue you need to correct. In Florida, the law requires that inspectors provide written reasons for failing an inspection within a short time frame.
• Document everything. Take photos, save emails, and keep copies of permits and plans.
• Communicate with your contractor in writing and request a plan with timelines for corrections.

Fixing the Problems

Once you know why you failed, it’s time to address the issues:

• Direct your contractor to make the corrections. If they refuse, document this in writing.
• For complicated or disputed items, hire an independent engineer, architect, or code consultant to give a professional opinion.
• Schedule a reinspection once the work is complete. Be prepared to pay reinspection fees, which can increase in cases of repeated failures or “after-the-fact” permits.

When Corrections Aren’t Enough

Sometimes you may disagree with the inspector’s interpretation of the building code. In that case, both New York and Florida offer paths to appeal or request a variance.

• In New York, homeowners can apply for variances or appeal decisions through the State Division of Building Standards and Codes. In New York City, you may need to go through the Department of Buildings or the Board of Standards and Appeals.
• In Florida, local building officials enforce the Florida Building Code, but you can challenge determinations or request variances through local administrative channels.

Dealing With an Uncooperative Contractor

If your contractor is not addressing the issues:

• In Florida, you may use Chapter 558, which requires homeowners to send a written notice of construction defects before filing a lawsuit. This gives the contractor one more chance to fix the problem.
• In New York, you can file complaints with the State Division of Building Standards and Codes, the Attorney General, or your local consumer protection office if you suspect contractor fraud or negligence.

Both states allow you to file complaints against licensed contractors through their licensing agencies. In Florida, you can report issues at MyFloridaLicense.com, and in New York, you can contact the Department of State.

When to Seek Legal Help

If the defects are costly, safety-related, or your contractor refuses to cooperate, it may be time to consult an attorney. A lawyer can help file notices, pursue claims for damages, or ensure your appeal is properly filed. At the Law Offices of John Caravella, P.C., we representing contractors, homeowners and design professionals. To request a consultation, please click here:

Failing a building inspection is stressful, but it’s rarely the end of your project. Whether you are in New York or Florida, the key steps are the same: get the inspector’s report in writing, correct the problems with licensed professionals, and document everything. If disagreements arise, use the appeal and variance processes your state provides. And if your contractor refuses to cooperate, take advantage of the complaint systems and legal remedies available to protect your investment. With persistence, documentation, and the right resources, you can overcome a failed inspection and move closer to enjoying your new or improved home.

Resources

• New York State Division of Building Standards and Codes: Appeals, Variances, and Complaints
• New York City Department of Buildings: Certificate of Occupancy & Certificate of Correction
• Florida Building Code Information System: Florida Building Code Resources
• Florida Department of Business and Professional Regulation (DBPR): File a Contractor Complaint
• Florida Attorney General Consumer Protection: Report a Complaint