The Affidavit - Owner/Builder is the Owner-Builder Disclosure Statement that City of Cape Coral Development Services uses when a property owner, not a licensed contractor, takes responsibility for construction under an exemption in §489.103, Florida Statutes. It is one of the documents behind a Cape Coral permit issued in the owner's name, and it must be completed, signed and notarized by the owner. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the City of Cape Coral.
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What is Affidavit - Owner/Builder – Cape Coral, FL?
The Affidavit - Owner/Builder is the City of Cape Coral's Owner-Builder Disclosure Statement, issued under §489.103, Florida Statutes, which a property owner signs before a building permit is issued in the owner's own name instead of a licensed contractor's name.
The form is printed under the Department of Development Services, Customer Service-Permitting Division. It has twelve numbered statements. In them the owner acknowledges that state law requires construction to be done by a licensed contractor and that the owner is using an exemption; that the owner is the responsible party of record on the permit; that the owner must provide direct, onsite supervision; and that hiring an unlicensed person as contractor or supervisor is not allowed. It also warns about liability for injuries to unlicensed workers, possible gaps in homeowner's insurance, and employer duties such as tax withholding, FICA contributions and workers' compensation.
Item 11 ties the statement to one construction address, and item 12 commits the owner to notify the City of Cape Coral immediately of any change to the information given. The second page ends with a sworn signature block and a notary section. The City lists the document among its Common Forms, in the Expansion / New Construction / Irrigation category.
Who needs to file Affidavit - Owner/Builder – Cape Coral, FL?
A property owner who has applied for an owner-builder permit and will act as their own contractor, without a contractor's license, completes and signs this disclosure statement. The form says it must be completed and signed by the property owner before a building permit can be issued.
The exemption described in item 4 has limits you should check before signing:
- You may build or improve a one-family or two-family residence or a farm outbuilding.
- You may build or improve a commercial building only if the costs do not exceed the limit printed in item 4.
- The building or residence must be for your own use or occupancy, not built or substantially improved for sale or lease.
- If you sell or lease the building within 1 year after construction is complete, the law presumes it was built for sale or lease, which violates the exemption.
Do not use this statement to put an unlicensed person in charge. Item 6 says you may not hire an unlicensed person to act as your contractor or to supervise workers. If you would rather not carry the responsibility, item 3 notes you may hire a licensed contractor and have the permit filed in that contractor's name. The form asks for the owner's own signature, and the signature must be notarized.
When to file Affidavit - Owner/Builder – Cape Coral, FL
Complete the statement before the building permit is issued: the form says the disclosure must be completed and signed by the property owner and returned to the local permitting agency before a building permit can be issued. The proof of identity, or the notarized signature, is required when the permit is issued.
The form prints no separate deadline. After you submit it, item 12 requires you to notify the City of Cape Coral immediately of any additions, deletions or changes to the information you provided. Item 4 also matters over time: selling or leasing the building within 1 year after the construction is complete creates a presumption that it was built for sale or lease.
Documents you need
- A copy of the property owner's driver license, required when the permit is issued, unless the permitting agency accepts another type of verification.
- The owner's notarized signature: the signature on page 2 must be notarized, and the notary section must be completed.
- Another type of verification acceptable to the local permitting agency, as an alternative to the driver license copy; ask the permitting agency which it accepts.
How to fill out Affidavit - Owner/Builder – Cape Coral, FL
Read the twelve disclosure statements
Read items 1 through 12 and the notice on page 2 about licensed contractors. By signing you confirm you understand each one, including the limits on the exemption in item 4.
Enter the construction address
In item 11, write the address of the proposed construction activity for which the owner-builder permit is applied for in your name.
Review the owner's obligations
Items 5, 6, 8 and 9 cover direct onsite supervision, licensed workers, employer duties and compliance with codes and zoning. Make sure you can meet them before you sign.
Print the owner's name and date
On page 2, enter the Owner-Builder Printed Name and the Date next to it.
Sign the owner-builder line
Sign on the Owner-Builder Signature line under the penalties-of-perjury declaration. The form marks the signature as one that must be notarized, so sign in front of the notary.
Complete the notary section
The notary fills in the state and county, checks physical presence or online notarization, enters the date, your name and how you were identified, then adds the commission number, expiration date, signature, printed name and stamp.
Review, download and prepare your ID
Check the address, name and date, then download or print the completed PDF from FillingPDF. Have a copy of your driver license, or another verification the permitting agency accepts, ready for permit issuance.
How to submit Affidavit - Owner/Builder – Cape Coral, FL
The form says the signed disclosure statement is returned to the local permitting agency responsible for issuing the permit; in Cape Coral that is City of Cape Coral Development Services, Customer Service-Permitting Division.
- Contact details printed on the form: Department of Development Services, Customer Service-Permitting Division, P.O. Box 150027, Cape Coral, FL 33915-0027; telephone (239) 574-0546.
- What goes with it: the statement signed by the owner, with the notary block completed, and, when the permit is issued, a copy of the owner's driver license, the notarized signature, or another type of verification acceptable to the permitting agency.
The form names no portal, appointment or delivery rule of its own, so call the division to confirm how it accepts the notarized original with your permit application. FillingPDF lets you fill out and download the PDF; submission follows the City of Cape Coral's channels.
Common mistakes to avoid
- Signing the owner-builder signature line without a notary: the form states the signature must be notarized.
- Leaving the construction address in item 11 blank, so the statement is not tied to a property.
- Using the owner-builder exemption for a building that will be sold or leased; a sale or lease within 1 year after completion is presumed to violate the exemption.
- Hiring an unlicensed person to act as contractor or to supervise workers, which item 6 does not allow.
- Assuming a licensed contractor can supervise work outside the contractor's license; item 8 says supervision cannot be delegated that way.
- Not planning for employer duties when you employ unlicensed workers: withholding, FICA contributions and workers' compensation (item 8).
- Failing to tell the City of Cape Coral immediately when information on the disclosure changes (item 12).
- Submitting the form without a driver license copy or other accepted verification when the permit is issued.
Frequently asked questions
What is the Affidavit - Owner/Builder in Cape Coral?
It is the City of Cape Coral's Owner-Builder Disclosure Statement under §489.103, Florida Statutes. A property owner who applies for a permit in their own name, acting as their own contractor without a license, signs it to confirm they understand the legal and financial responsibilities.
Do I need this affidavit for a Cape Coral building permit?
You need it if you are the owner and are applying for an owner-builder permit. The form says it must be completed and signed by the owner and returned to the permitting agency before the building permit can be issued.
Does the Owner-Builder Disclosure Statement have to be notarized?
Yes. The signature line on page 2 is marked that the signature must be notarized, and the form includes a notary block with physical presence and online notarization options. It also lists a notarized signature among the verifications required at permit issuance.
What ID do I need with the owner-builder affidavit?
A copy of the property owner's driver license, the notarized signature, or another type of verification acceptable to the local permitting agency is required when the permit is issued. Ask the Customer Service-Permitting Division which it accepts.
Can I sell the house after building it as an owner-builder?
Selling or leasing within 1 year after construction is complete leads the law to presume you built or improved it for sale or lease, which violates the exemption. The building must be for your own use or occupancy, according to item 4.
Can I hire an unlicensed person to supervise my project?
No. Item 6 says you may not hire an unlicensed person to act as your contractor or to supervise workers. Item 5 requires you to provide direct, onsite supervision, and unlicensed workers must work under your direct supervision as your employees.
Where do I send the Cape Coral owner-builder affidavit?
Return it to the local permitting agency responsible for issuing the permit: City of Cape Coral Development Services, Customer Service-Permitting Division, P.O. Box 150027, Cape Coral, FL 33915-0027, telephone (239) 574-0546. Call to confirm how it accepts the notarized original.
Can I fill out the Affidavit - Owner/Builder online on FillingPDF?
Yes. You can fill out the fillable PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not connected to the City of Cape Coral, and does not file the form or notarize it; you submit it through the City's channels.
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