What is a notice of commencement in Brevard County, Florida?

A notice of commencement is a formal notice an owner records with the county clerk before construction begins on a Florida property. It tells contractors, suppliers, and lenders who the owner is, what work is planned, and who to notify.

If you are planning a roof replacement, an addition, a pool, or a full kitchen remodel on the Space Coast, this document usually comes up before the first crew shows up. Homeowners in Melbourne, Viera, Merritt Island, Palm Bay, and across Brevard County often hear about it from a contractor or a lender and wonder whether it is optional.

This guide walks through what Florida law says about the notice, where it gets recorded, who has to sign it, and how long it stays effective. It is general information, not legal advice, so check your specific project with a Florida real estate or construction attorney.

What does Florida law say about the notice of commencement?

The rules live in Florida Statute 713.13, which you can read on the Florida Senate statutes site. In plain terms, an owner must record a notice of commencement before commencing improvements to real property, with exceptions for certain exempt improvements. The statute does not leave this to custom. It is part of Florida's construction lien law.

Because the statute carves out exceptions, do not assume your project is in or out. Ask your Brevard County permitting office and your contractor which category your work falls into.

Where is it recorded in Brevard County?

The notice is recorded in the office of the clerk of the county where the property sits. For Brevard County, that is the Clerk of the Circuit Court, which handles official records and recording. The clerk's site also lists recording forms and a recording fee calculator.

What goes into the notice?

Under the statute, the notice includes a set of details that identify the property and the people involved:

Item What it covers
Property Legal description, street address, and tax folio number
Improvement A description of the work being done
Owner and titleholder Owner information and the fee simple titleholder, if different
Contractor The contractor's name and address
Surety Payment bond information, if there is a bond
Lender Name and address of the lender, if financing is involved
Service designee In-state people designated to receive notices

You can find your tax folio number on the Brevard County Property Appraiser's website. Having it ready saves a round trip.

Who signs it, and who cannot?

The statute says the owner must sign the notice of commencement and no one else may be permitted to sign in the owner's stead. That means a contractor cannot sign it on your behalf. If you own the home with a spouse or partner, ask your attorney who needs to sign based on how title is held.

How long does a notice of commencement last?

Two timing rules matter on the Space Coast, where permits and contractor schedules can slip:

  • One year: Under the statute, the notice is not effectual against a conveyance, transfer, or mortgage after one year from the date of recording.
  • Ninety days: If construction does not begin within 90 days of recording, the notice becomes void.

If your project start gets pushed back by a permit delay or a material shortage, talk with your contractor before you record, so the clock does not run out before work begins.

Does the notice need to be posted at the job site?

Yes. The owner must post a certified copy of the recorded notice or a notarized statement at the construction site.

A quick checklist before you record

  • Confirm with your contractor and the Brevard County permitting office whether your project needs a notice of commencement.
  • Pull your legal description and tax folio number from your deed and the Property Appraiser records.
  • Decide on a realistic start date so the 90 day window does not lapse.
  • Sign the notice yourself, following the signing and notary steps on the recording form.
  • Record it with the Brevard County Clerk and keep the recorded copy.
  • Post a certified copy or a notarized statement at the job site.

Keeping that folder organized matters more than most owners expect, because the recorded notice becomes part of the paper trail for the project long after the work is finished.

What happens with a lender or a payment bond?

If a lender is funding the work, the statute requires the lender to record the notice before it disburses construction funds. Lenders are not required to post copies. If you use a payment bond, a copy of the bond must be attached when the notice is recorded.

Why Space Coast buyers and sellers should care

If you are selling a home in Brevard County after a recent renovation, keep your permit records, contract, and recording confirmation together in one folder. Buyers and their closing professionals often ask for documentation of recent work. If you are buying a home that had major work done, ask the seller what was recorded and whether all contractors were paid. Your closing professionals can help you confirm there are no open construction liens.

FAQ

Is a notice of commencement the same as a building permit?

No. A permit comes from the city or county building department and allows the work. The notice of commencement is recorded with the county clerk and is tied to Florida's construction lien law.

Can my contractor record the notice for me?

The owner must sign it. Many contractors help prepare the paperwork, but the statute does not allow anyone else to sign for the owner.

What if I never start the work after recording?

If construction does not begin within 90 days of recording, the notice becomes void. You would need to record a new one before starting the project.

My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.