What is a Notice of Commencement?

Key takeaway

A Notice of Commencement (NOC) is a one-page form the property owner signs, has notarized, and records with the county Clerk of Court before permitted construction work begins. It publicly announces who owns the property, who is doing the work, and who is financing it, so that subcontractors and suppliers know where to send their notices, and so you know who might have a claim against your home.

It is required by Florida’s Construction Lien Law, Fla. Stat. § 713.13. Despite the name, it is not the contractor’s notice. The statute puts the obligation on the owner, which is why you are the one signing it in front of a notary.

Most homeowners meet it for the first time in the middle of a re-roof: the permit is issued, someone says the inspector won’t come out until the NOC is recorded, and a form appears. Nothing about the form explains what it does. This page does.

Why does Florida require it? The paying-twice problem

Florida’s lien law lets people who never signed a contract with you, including your contractor’s subcontractors and the suppliers who deliver tile, shingles, or windows to your driveway, place a lien on your home if they aren’t paid. That is true even if you have already paid your contractor in full.

The classic bad outcome: you pay the contractor 100% of the contract price, the contractor fails to pay the shingle supplier, and the supplier records a lien against your house for material you already paid for. You can end up satisfying the same debt twice.

The NOC is the first link in the chain of notices designed to prevent that. Once it is recorded, subcontractors and suppliers know where to serve a Notice to Owner: the letter that warns you, early, exactly who is working on your property and who could lien it. Those letters are not accusations and they are not a sign anything is wrong; they are how the system tells you whose releases you should be collecting before you write the final check.

Payments an owner makes without following the statute’s procedure are called improper payments under § 713.06, and they do not reduce what a lienor can recover. The paperwork is the protection.

When is a Notice of Commencement required?

Generally, an NOC must be recorded when the direct contract for an improvement to real property exceeds $2,500. A few points that matter in practice:

  • Nearly every residential re-roof, impact-window package, or full-home hardening project in Miami-Dade or Broward clears that threshold, so assume one is required.
  • There is a narrow, higher threshold for the direct repair or replacement of an existing heating or air-conditioning system in an owner-occupied single-family residence — that exemption is set at $15,000 under § 713.13(1)(e).
  • It must be recorded — and a certified copy posted at the job site — before the first inspection. In practice the building department will not sign off on inspections without it, which is why the request tends to arrive urgently.

Under § 713.135, the permit applicant is responsible for filing the recorded NOC with the building department. Robson handles that filing on the permits we pull; the signature and notarization have to be yours, because the statute requires the owner’s.

What’s actually on the form?

The form is short, and every blank on it has a purpose:

  • Legal description of the property and street address — taken from your deed or tax record, not just the mailing address.
  • General description of the improvement — e.g. “tile re-roof” or “impact window and door replacement.”
  • Owner’s name, address, and interest in the property.
  • Contractor’s name and address — the licensed entity holding the permit.
  • Surety information, if a payment bond exists (usually blank on residential work).
  • Lender’s name and address, if the job is financed.
  • Persons designated to receive Notices to Owner — you may name someone in addition to yourself, which is worth doing if you travel or the property isn’t your primary residence.
  • Expiration date, if you want something other than the default.

Get the legal description and the owner name right. An NOC with a materially wrong property description can be treated as defective, and a defective NOC does not do the job you recorded it for.

Where does it get recorded — and posted?

  1. Sign it in front of a notary. The form requires the owner’s signature and an acknowledgment; an unnotarized NOC cannot be recorded.
  2. Record it with the Clerk of the Circuit Court in the county where the property sits — Miami-Dade County Clerk of Courts, or the Broward County Records, Taxes & Treasury Division. Recording produces a stamped copy with a book/page or instrument number.
  3. Post a certified copy at the job site, and give the building department its copy, before the first inspection.

Keep your stamped copy with the contract. You will want the instrument number later, when you are matching Notices to Owner and lien releases against the job.

Expiration, amendment, and termination

An NOC is effective for one year from recording unless you specify a different expiration date on the form. That is usually more than enough for a residential roof or window job, which runs in days or weeks rather than months.

Two situations to know about:

  • If it expires mid-project, the protective chain of notices is disrupted and a new NOC may need to be recorded. On a long or repeatedly delayed job, check the date.
  • When the work is finished and everyone is paid, the NOC can be ended early by recording a Notice of Termination under § 713.132 — which has its own requirements, including that lienors be paid or otherwise satisfied first. Most homeowners simply let it expire, which is fine.

Where homeowners get tripped up

  • Treating the Notice to Owner letters as junk mail. They arrive on unfamiliar letterhead from companies you have never heard of and they look like solicitations. They are the list of everyone who can lien your home. Keep them.
  • Paying the final draw without collecting releases. Before the last payment, ask your contractor for a final payment affidavit and lien releases covering the subcontractors and suppliers who sent notices. That is the step that converts the paperwork into actual protection.
  • Signing an NOC with blanks left in it. Read what you are recording — it is a public record about your property, signed by you.
  • Assuming a small job is exempt. The $2,500 threshold is low; most exterior work is over it.

Where Robson stands

Robson Industrial Group is licensed as a Florida Certified General Contractor (CGC1541144) and Certified Roofing Contractor (CCC1337790). We pull our own permits, so we prepare the Notice of Commencement, tell you plainly what you are signing and why, and file the recorded copy with the building department so your inspection isn’t held up. We also provide lien releases at final payment without being chased for them.

A homeowner who understands the lien-law paperwork is a homeowner who can tell a careful contractor from a careless one. That comparison has never cost us a job. If you want a written, itemized proposal from a licensed contractor who handles this correctly, request a free estimate below.

Frequently asked questions

Who signs the Notice of Commencement — me or my contractor?
The property owner signs it, in front of a notary. Florida’s lien law places the obligation on the owner, not the contractor. Your contractor normally prepares the form and handles recording and filing, but the signature and acknowledgment must be yours.
What happens if no Notice of Commencement is recorded?
Practically, the building department will generally not approve inspections on the permit, so the job stalls. Legally, payments made without following the statute’s procedure can be treated as improper payments under § 713.06, which means they may not count against what an unpaid subcontractor or supplier can recover from you.
I received a “Notice to Owner” from a company I’ve never dealt with. Is something wrong?
Almost always, no. It means a subcontractor or material supplier on your job is preserving its lien rights, which is routine and required of them. Keep the notice, and make sure that company appears on the lien releases you collect before final payment.
How long is a Notice of Commencement good for?
One year from the date of recording, unless a different expiration date is written on the form. If a project runs past the expiration, a new NOC may be required.
Is a Notice of Commencement the same as a building permit?
No. The permit is the building department’s authorization to do the work. The NOC is a lien-law document recorded in the county’s public records. A job typically needs both, and the recorded NOC is usually a prerequisite to the first inspection under the permit.

This article is general information about Florida construction lien law, not legal advice. Statutory thresholds and procedures can change, and how they apply depends on your specific contract and property. For a dispute or a lien against your property, consult a Florida-licensed attorney. Sources: Fla. Stat. ch. 713, part I (Construction Lien Law), §§ 713.06, 713.13, 713.132, 713.135.