Selling a Keys Waterfront Home: Seawall Records & Disclosure
Buyers on Keys canals ask about the seawall early. Have the permit history, the latest report and a straight answer to the disclosure question ready before you list.
Put the wall’s paper trail in one folder
Florida sellers must disclose known facts that materially affect value and are not readily observable. An “as is” clause does not waive that duty. Florida disclosure law and form
The Florida Realtors disclosure form asks it directly: “Is seawall, if any, and dockage, if any, structurally sound?” It also asks about open permits and unpermitted improvements. Florida disclosure law and form
- Surveys and engineer reports, with their dates.
- Permits and final inspections for the wall, dock, lifts and davits.
- State or federal letters, such as a DEP exemption or an Army Corps verification.
- Invoices, warranties and photos of past repairs.
- Storm and claim notes. Florida’s flood disclosure asks about flood damage, flood claims and FEMA aid during your ownership. Section 689.302, Fla. Stat.
Close loose ends before the listing goes live
Open permits slow closings. In unincorporated Monroe County, a permit expires six months after issuance if no inspection has passed, or 180 days after the last one that did. Monroe County permit expiration
- Search the permit portal for your address and print the status of each wall, dock and lift permit.
- Closed county permits applied for since October 2022 show “completed” with a certificate attached. Monroe County permit expiration
- Any owner may close a permit, using the original contractor or a new one. Section 553.79, Fla. Stat.
- Confirm the wall was permitted. A buyer’s right to replace it in place depends on it being lawfully existing. Monroe County code 118-12(k)(4)
On the standard contract, you represent that no improvements lack permits or have open permits, unless you disclose it in writing. Standard contract ¶9, ¶12
Repair, credit or sell as is
You have three main paths. Each has a Keys timing catch.
| Path | What it takes | Keys catch |
|---|---|---|
Repair before listing | Assessment, permits and construction | State and federal approvals come before county and city work can start Monroe County code 118-12(k)(9) KCB Code Sec. 5-30 |
Price credit | A recent written assessment and scope that buyers can rely on | Buyers will ask who wrote it and when |
Sell as is | Disclose what you know; the buyer may cancel during the inspection period AS IS contract ¶12 | The disclosure duty still applies Florida disclosure law and form |
If work is done or under way, both contracts let the buyer take assignable warranties at closing. AS IS contract ¶12 Standard contract ¶9, ¶12
Plan the timing with the repair-or-replace guide and the permit guide.
What to ask for in a seawall condition report
Confirm the type of assessment and written report with the professional you choose, including the scope and delivery date. Ask for dated photos, findings, recommended repairs and a list of areas that could not be inspected.
Ask whether the assessment covers the wall panels, concrete cap, joints, supports and ground behind the wall. Buried anchors and underwater areas may need extra investigation. If you need a repair budget or an estimate of remaining life, discuss that before the visit.
Request report pricing. Confirm the scope, price and availability directly with the professional before relying on a visit or report date.
See the InterNACHI waterfront inspection standard for examples of what a visual inspection covers.
Check the right wall measurement.
Thinking about raising or replacing the wall? The height guide explains which survey measurement to use and where to check local requirements.
Common questions
Do I have to disclose a failing seawall?
If you know of a defect that materially affects value and a buyer cannot readily see it, Florida case law says you must disclose it. An as-is contract does not change that. Ask your attorney how to word it. Florida disclosure law and form
Should I get a seawall assessment before listing?
It helps if you suspect a problem. A dated report lets you answer the disclosure question accurately and price with fewer surprises. Tell buyers who it was written for and when.
My Key Colony Beach wall got a city notice. What now?
The 2026 ordinance sets clocks: 15 days for safety measures, 60 days for an engineer’s plan and 120 days to file permit applications. Disclose the notice and where you stand on each step. KCB Ordinance 2026-509
What if the wall was never permitted?
Ask the permit office how to fix it before you list. Penalties vary: Key West doubles the permit fee above $5,000, and Key Colony Beach charges triple fees plus $500. Key West Code Sec. 14-2 KCB Resolution 2026-01
Can the buyer use my contractor’s warranty?
If the warranty is assignable, both Florida Realtors contracts let the buyer take it over at closing. Give buyers a copy and the contractor’s contact details. Standard contract ¶9, ¶12
Do the 2024 storms need to go on the flood disclosure?
If they flooded and damaged the property while you owned it, yes. The disclosure also asks about flood claims and FEMA aid. Helene brought 1 to 2 feet of surge to the Keys in 2024. Section 689.302, Fla. Stat. Hurricane Center Helene report
Unpermitted wall work: what each office charges
Buyers’ agents check permit files. If wall or dock work was done without a permit, here is what the fee schedules say.
| Office | Penalty |
|---|---|
City of Key West | $250 on the first $5,000 of contract price, then double the permit fee Key West Code Sec. 14-2 |
Key Colony Beach | Triple fees plus $500 KCB Resolution 2026-01 |
Unincorporated Monroe County | A 100% penalty on top of the normal fee, plus code compliance fees Monroe Resolution 277-2025 |
Fill is harder to cure. Monroe County will not issue after-the-fact permits that break its dredge and fill rules, and the fill must come out. Monroe County code 118-10
Call the permit office before you list, not after a buyer finds the gap.
Selling in Key Colony Beach under the 2026 seawall rule
Key Colony Beach inspected marine structures citywide after December 2025, then adopted Ordinance 2026-509 in March 2026. KCB inspection letter, Dec. 2025 KCB Commission minutes, Mar. 19, 2026
- Repair plans under the ordinance must be signed and sealed by a Florida-licensed engineer. KCB Code Sec. 6-45
- For a property with a vacation rental license, ignoring a notice is grounds for immediate, non-refundable revocation of that license. KCB Code Sec. 6-45
- Buyers who plan to rent will ask. Have the notice, the engineer’s plan and the permit status ready.
The city’s manual says most local walls were designed for a 30-year life. KCB Seawall Owner’s Manual Expect buyers to ask how old yours is.
Dated storm records help both sides
Keys buyers know the storm years. Irma came ashore near Cudjoe Key in 2017 as a Category 4 hurricane. Hurricane Center Irma report Ian in 2022 brought 1 to 3 feet of surge. Hurricane Center Ian report
- Keep dated photos of the wall after each storm.
- Keep repair invoices that name the storm.
- Note any DEP exemption used. Restoration exemptions cover damage from a discrete event within the last year. Rule 62-330.051(12), F.A.C.
Clear records turn “was it damaged?” into a short conversation.
Show sourcesHide sources
- Building Fees (Code Sec. 14-1 and 14-2)Source reviewed 2026-10-28
- Resolution No. 2026-01 (Fee Schedule for Building Department Permits and Services)Source reviewed 2026-10-28
- Resolution No. 277-2025 (Building Department permitting fee schedule)Source reviewed 2026-10-28
- Monroe County Land Development Code, Chapter 118 - Environmental ProtectionSource reviewed 2026-10-28
- Waterway Safety and Marine Structure Inspections (letter to residents)Source reviewed 2026-10-28
- 03-19-2026 City Commission Regular Meeting Minutes (ADOPTED)Source reviewed 2026-10-28
- Code of Ordinances Ch. 6 Buildings, Art. II, Sec. 6-45 Seawall conditions; compliance requirements; enforcementSource reviewed 2026-10-28
- City of Key Colony Beach Seawall Owner's ManualSource reviewed 2026-10-28
- Tropical Cyclone Report: Hurricane Irma (AL112017), 30 August-12 September 2017Source reviewed 2026-10-28
- Tropical Cyclone Report: Hurricane Ian (AL092022), 23-30 September 2022Source reviewed 2026-10-28
- Rule 62-330.051, F.A.C. (Exempt Activities)Source reviewed 2026-10-28
Ask about a pre-listing assessment
Record what needs checking and when. Confirm the assessment, price and date directly with the professional you choose.