The Owner-Builder Disclosure Statement is the City of Cape Coral form, printed under the Department of Development Services and written pursuant to §489.103, Florida Statutes, in which a property owner acknowledges the duties and risks of acting as their own contractor. The form must be completed, signed and notarized before the city issues an owner-builder building permit, so it accompanies a Cape Coral permit applied for in the owner's name. 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 in its Permit Document Center.
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What is Owner-Builder Disclosure Statement – Cape Coral, FL?
The Owner-Builder Disclosure Statement is a City of Cape Coral form, written pursuant to §489.103, Florida Statutes, on which a property owner who applies for an owner-builder building permit states that they understand the legal and financial responsibilities of acting as their own contractor.
Item 1 gives the basis: state law requires construction to be done by a licensed contractor, and the owner-builder exemption lets the owner of the property act as their own contractor, with restrictions, without a license. The twelve numbered statements then cover what the owner accepts:
- being the responsible party of record on the permit (item 3);
- the option of hiring a licensed contractor and having the permit filed in that contractor's name (item 3);
- the limits on what may be built (item 4);
- direct, onsite supervision of the construction (item 5);
- no hiring of an unlicensed person as contractor or supervisor (item 6);
- liability for injuries to unlicensed workers and the possible gap in homeowner's insurance (item 7);
- employer duties for anyone working under the owner's supervision, including income tax and FICA withholding and workers' compensation (item 8);
- compliance with all laws, ordinances, building codes and zoning regulations (item 9).
Item 10 points to agencies for more information, item 11 names the project address and item 12 requires the owner to notify the City of Cape Coral of any change.
Page 2 adds a warning about unlicensed contractors, a declaration under penalty of perjury, the owner's signature line, marked as requiring notarization, and a notary block. The City lists the statement under Affidavits in its Permit Document Center, apart from the permit applications, guidelines and Notice of Commencement.
Who needs to file Owner-Builder Disclosure Statement – Cape Coral, FL?
Property owners who apply for an owner-builder building permit in the City of Cape Coral, and so will act as their own contractor without a license, complete and sign this statement. The owner is the responsible party of record on the permit.
Conditions printed in item 4:
- 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 stated in item 4.
- The building or residence must be for your own use or occupancy, not built or substantially improved for sale or lease.
Owners who do not want that responsibility have another route. Item 2 says a permit does not have to be signed by the property owner unless the owner is responsible for the construction and is not hiring a licensed contractor to assume responsibility, and item 3 says the permit can be filed in a licensed contractor's name instead.
The exemption does not cover owners who plan to hire an unlicensed person as their contractor or to supervise the work (item 6). The form has one signature line for the property owner and does not provide for anyone else to sign.
When to file Owner-Builder Disclosure Statement – Cape Coral, FL
Complete the statement before the permit is issued. The form says that before a building permit can be issued, the disclosure must be completed and signed by the property owner and returned to the local permitting agency responsible for issuing the permit. A copy of the owner's driver license, the notarized signature, or other verification acceptable to that agency is required when the permit is issued.
The duty continues after the permit: under item 12 you agree to notify the City of Cape Coral immediately of any additions, deletions or changes to the information you provided. The form prints no calendar deadline and no expiration date.
Documents you need
- A copy of the property owner's driver license: the form lists it among the verifications required when the permit is issued.
- The property owner's notarized signature: page 2 marks the signature as one that must be notarized, with the notary block completed by the notary.
- Other verification acceptable to the local permitting agency, which the form lists as an alternative; ask the office at (239) 574-0546 which types it accepts.
How to fill out Owner-Builder Disclosure Statement – Cape Coral, FL
Read statements 1 through 12
Read every numbered statement, which together form the disclosure made pursuant to §489.103, Florida Statutes. By signing you confirm that you understand and agree to them.
Confirm what you may build
Check item 4: a one-family or two-family residence, a farm outbuilding, or a commercial building within the cost limit printed there, for your own use or occupancy and not for sale or lease.
Review supervision and hiring rules
Items 5, 6 and 8 require direct onsite supervision by you and prohibit hiring an unlicensed person as contractor or supervisor. Item 3 explains the alternative of a licensed contractor filing the permit in his or her name.
Enter the project address
In item 11, enter the address of the proposed construction after "at the following address:". This is the property where you are the legally and financially responsible party.
Note the employer and insurance warnings
Items 7, 8 and 10 cover liability for worker injuries, withholding and workers' compensation duties, and agencies to contact. Item 12 requires you to notify the City of Cape Coral of any change to this information.
Print your name and enter the date
On page 2, write the Owner-Builder Printed Name and the Date next to it, after the declaration under penalty of perjury.
Sign before a notary
The Owner-Builder Signature line is marked "SIGNATURE MUST BE NOTARIZED", and the notary block says the statement is sworn to and subscribed before the notary, so sign when the notary is present.
Leave the notary block to the notary
The notary completes State, County of, the physical presence or online notarization box, the day, month and year, the identification statement, Exp Date, Commission Number, the stamp, signature and printed name.
Prepare verification for permit issuance
Have a copy of your driver license, or other verification the permitting agency accepts, ready for when the permit is issued.
Review, download and print the PDF
Check the address, name and date, then download or print the completed PDF from FillingPDF, have it notarized and return it as described under How to submit.
How to submit Owner-Builder Disclosure Statement – Cape Coral, FL
The form says to return the completed and signed statement to the local permitting agency that issues the permit, which here is the City of Cape Coral. It names no other channel, such as a portal or appointment.
- Issuing office: the form's header reads Department of Development Services, P.O. Box 150027, Cape Coral, FL 33915-0027, Tel. (239) 574-0546.
- Delivery method: the form does not say whether to mail, hand-deliver or upload the statement, so call the number above to confirm how the office wants to receive it.
- Notarization: the signature must be notarized, and the notary completes the block at the bottom of page 2 before you return the statement.
- Verification at issuance: when the permit is issued, the form calls for a copy of your driver license, the notarized signature, or other verification the permitting agency accepts.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Signing the statement without having it notarized; page 2 marks the signature as one that must be notarized.
- Using the owner-builder route for a building meant for sale or lease; a building sold or leased within 1 year after completion is presumed built for sale or lease.
- Hiring an unlicensed person to act as contractor or to supervise workers, which item 6 says an owner-builder may not do.
- Delegating supervision to a licensed contractor who is not licensed for the work being done, which item 8 prohibits.
- Leaving the project address blank after the statement in item 11.
- Assuming homeowner's insurance covers injuries to unlicensed workers; item 7 says it may not.
- Using unlicensed workers who are not your employees; item 8 says they must be employed by you, with withholding and workers' compensation.
- Not telling the City of Cape Coral about changes to the information on the form; item 12 requires immediate notice.
Frequently asked questions
What is the Owner-Builder Disclosure Statement for?
It is the City of Cape Coral form in which a property owner acknowledges the responsibilities of acting as their own contractor on an owner-builder building permit, pursuant to §489.103, Florida Statutes. The form says it must be completed and signed by the owner before the permit can be issued.
Does the Cape Coral owner-builder disclosure have to be notarized?
Page 2 marks the owner's signature as one that must be notarized and includes a notary block. The form's text also says a copy of the owner's driver license, the notarized signature, or other verification acceptable to the permitting agency is required when the permit is issued, so confirm with the office at (239) 574-0546.
Can I use an owner-builder permit to build a house I plan to sell?
No. Item 4 says the building or residence must be for your own use or occupancy and may not be built or substantially improved for sale or lease. If it is sold or leased within 1 year after construction is complete, the law presumes it was built for sale or lease, which violates the exemption.
Can I hire an unlicensed person to supervise the work?
No. Item 6 says you may not hire an unlicensed person to act as your contractor or to supervise workers, and item 8 says you may not delegate supervision to a licensed contractor who is not licensed for the work. Item 5 requires you to provide direct, onsite supervision yourself.
When do I submit the disclosure for a Cape Coral building permit?
Before the permit is issued. The form says the statement must be completed, signed by the property owner and returned to the permitting agency before a building permit can be issued. Afterward, item 12 requires you to notify the City of Cape Coral immediately of any change to the information you gave.
Where do I send the Owner-Builder Disclosure Statement?
Return it to the City of Cape Coral office that issues the permit. The form's header lists Department of Development Services, P.O. Box 150027, Cape Coral, FL 33915-0027, Tel. (239) 574-0546, but it does not state a delivery method, so call before sending the notarized statement.
Am I liable if an unlicensed worker is hurt on my property?
You may be. Item 7 says an owner-builder may be held liable for injuries to an unlicensed person or that person's employees working on the property, and that homeowner's insurance may not cover them. Item 8 adds that unlicensed workers must be employed by you, with tax withholding and workers' compensation.
Do I need this statement if I hire a licensed contractor?
Not necessarily. Item 2 says a permit does not have to be signed by the owner unless the owner is responsible for the construction and is not hiring a licensed contractor to assume responsibility. Item 3 says you can have the permit filed in the contractor's name instead of yours.
Can I fill out the Owner-Builder Disclosure Statement online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not file the statement or arrange notarization, so you still sign before a notary and return it to the City of Cape Coral.
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