What Is a Notice of Commencement?

What Is a Notice of Commencement?

A Notice of Commencement (NOC) is a legal document recorded with the county Clerk of Courts before construction begins on any project requiring a building permit in Florida. Required under Florida Statute 713.13, it serves as the official public record that a construction project is underway on a specific property.

In Collier County (Naples, Marco Island, Golden Gate, Immokalee, Ave Maria) the NOC is non-negotiable. The Growth Management Department will not issue your building permit until a recorded NOC is on file. Filing incorrectly can expose owners, contractors, and subcontractors to serious financial and legal consequences.

Why the NOC Matters: Construction Lien Law

The NOC is central to Florida’s construction lien law (Chapter 713, Florida Statutes). It sets up the legal framework that protects every party in a construction project.

For property owners, the NOC triggers the timeline within which subcontractors and suppliers must serve a “Notice to Owner” to preserve lien rights. Without it, lien rights against your property become extended or unclear.

For contractors and subcontractors, the NOC creates the reference point for all lien deadlines: the 45-day Notice to Owner, the 90-day claim of lien, and the 1-year enforcement period.

For lenders, the NOC protects the priority of the construction loan mortgage over subsequently filed liens.

What the NOC Must Contain

Florida Statute 713.13 specifies the required contents. A valid NOC must include:

• Property owner’s name and address, matching the legal owner as recorded in Collier County property records
• Legal description of the property. The full legal description from the deed or survey, not just the street address.
• General description of the improvement. A brief statement of the work (e.g., “new single-family residence,” “pool installation”).
• General contractor’s name, address, and license number
• Surety bond information, if the contractor is bonded for the project
• Lender information, if the project is financed
• Expiration date. Must state it expires one year from recording or upon completion, whichever is first.
• Property owner’s signature (must be signed by the owner, not the contractor)
• Notarization of the owner’s signature

The Florida DBPR provides a standard NOC form, but custom-prepared documents are accepted as long as they contain all required elements.

Notarization Requirements

The NOC must be notarized before recording. The property owner signs in front of a Florida notary public. If multiple individuals own the property (e.g., a married couple), all must sign and be notarized.

For LLCs, corporations, or trusts, the authorized signatory must sign on behalf of the entity with the notarization reflecting representative capacity. Getting this wrong is a common filing error that can invalidate the NOC. Remote online notarization (RON) is legal in Florida, which is useful for out-of-state property owners investing in Collier County.

Filing Process With the Collier County Clerk of Courts

Once signed and notarized, the NOC must be recorded with the Collier County Clerk of Courts:

1. Submit for recording. In person at the Clerk’s office in the Collier County Government Center, or electronically through an approved e-recording service.
2. Pay the recording fee. Approximately $10 for the first page and $8.50 for each additional page. Most NOCs are 1-2 pages ($10-$18.50 total). Verify current rates with the Clerk.
3. Receive the recorded copy. The Clerk stamps the document with official recording information (book, page, instrument number).
4. Post at the job site. Florida law requires the recorded NOC or certified copy be posted at the construction site in a visible, weather-protected location.
5. Provide to the permit office. Submit a copy to the Growth Management Department. The permit will not be activated without it.

Who Is Responsible for Filing?

Under Florida law, the property owner is responsible for recording the NOC. However, in practice, the general contractor, permit expediter, or closing agent typically handles the preparation and filing on the owner’s behalf.

Regardless of who physically files the document, the owner must sign it. The contractor cannot sign an NOC. Only the property owner or their legally authorized representative can.

For the residential permit process in Collier County, the NOC is typically one of the final steps before the permit is activated and work can begin on site.

What Happens If You Don’t File an NOC?

Failing to file an NOC, or filing one incorrectly, creates several problems.

• Permit may not be issued. Collier County’s Growth Management Department requires a recorded NOC before activating most building permits. Without it, your project doesn’t start.
• Lien rights become unclear. Without a recorded NOC, the statutory deadlines that govern Notices to Owner, Claims of Lien, and lien enforcement become ambiguous or extended. Property owners lose the protection of predictable timelines.
• Payment disputes escalate. Owners may face liens from parties they didn’t know were involved in the project.
• Title issues at resale. Title companies flag properties where construction occurred without a properly recorded NOC.
• Surety bond protections may be void. The NOC puts subcontractors on notice of any payment bond. Without it, bond protections are compromised.

NOC Expiration and Amendments

An NOC is valid for one year from the date of recording, or until the project is completed and final payment is made, whichever comes first. If your project extends beyond one year, you must record a new NOC before the original expires.

Amending an NOC: If project details change after recording (for example, a change in general contractor or lender), you should record an amended NOC with the Clerk. The amendment must reference the original NOC’s recording information and include the updated details. The same notarization and recording requirements apply.

Terminating an NOC: When the project is complete, the owner may record a Notice of Termination to close out the NOC. This shortens the deadline for remaining lien claims and provides a clean record. Especially important for properties in Naples and Marco Island where resale values make clean title essential.

Relationship to the Building Permit

The NOC and the building permit are separate but interconnected documents. The permit authorizes the work; the NOC establishes the legal framework for that work under Florida’s construction lien statutes. In Collier County, the typical sequence is:

1. Apply for the building permit through the CityView portal
2. During review, prepare and record the NOC
3. Submit the recorded NOC to the Growth Management Department
4. Permit is issued and activated
5. Post both the permit card and the NOC at the job site

Trying to reverse this order or skip the NOC entirely will stall your project.

Frequently Asked Questions

How much does it cost to file a Notice of Commencement in Collier County? The Clerk’s recording fee is approximately $10 for the first page and $8.50 for each additional page. Most NOCs cost $10-$18.50 to record. Professional preparation fees are additional.

Can a contractor file the NOC on behalf of the owner? The contractor can deliver the NOC to the Clerk’s office, but the property owner must sign it. The contractor’s signature alone is not sufficient under Florida Statute 713.13.

What if my project takes longer than one year? You must record a new NOC before the original expires. If the NOC expires during active construction, lien rights for all parties become uncertain, which can create serious disputes. Monitor the expiration date and file a new NOC well before the deadline.

Do I need an NOC for a re-roof or minor renovation? Yes. If the project requires a building permit, it requires an NOC. This includes re-roofs, window replacements, HVAC installations, and any other work that goes through the permitting process. The only exception is work that does not require a permit.

Is the NOC required in the City of Naples and Marco Island, or just unincorporated Collier County? The NOC is a state of Florida requirement under Statute 713.13, so it applies everywhere: unincorporated Collier County, City of Naples, Marco Island, and every other municipality in the state. The filing is always done through the Collier County Clerk of Courts for properties located within Collier County.

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The NOC is easy to get wrong and the consequences are real: lien disputes, permit delays, and title problems down the road. Collier Permitting Services handles NOC preparation, notarization coordination, recording with the Clerk of Courts, and delivery to the permit office and job site. Call us at (239) 289-5630 and we’ll make sure it’s done right.