Before a contractor starts work on a home or commercial property, the owner often has to record a notice of commencement. It’s a short form, but it has a strict signing rule, it has to be notarized, and it has to be filed on time. Get any of those wrong and your first inspection can be held up. Here’s what the document does, who has to sign it, and how to get it notarized without slowing your project down.
What is a notice of commencement?
A notice of commencement (often shortened to NOC) is a public record announcing that construction or improvement work is about to begin on a property. It lists the property’s legal description, the owner, the contractor, any lender or bonding company, and who should receive legal notices about the job.
Recording it puts subcontractors, suppliers and lenders on notice, and it marks the starting point for lien rights on the project. Florida requires a notice of commencement for most permitted improvement work, and other states, including Georgia, Ohio and Michigan, have their own versions with their own filing rules.
Does a notice of commencement need to be notarized?
In Florida, yes. The form set out in Section 713.13 of the Florida Statutes ends with a notary section, so the owner’s signature must be acknowledged before a notary public. The statute’s form allows the notarization to happen in person or through online notarization.
Other states set their own requirements, so check the form your county provides or ask your county recorder’s office.
Who has to sign it?
This is where many projects get stuck. Under Florida law, the owner must sign the notice of commencement, and no one else may sign in the owner’s place. Your contractor can prepare the form and even record it for you, but the signature has to come from the owner.
If a company owns the property, an authorized officer, director, partner or manager signs on its behalf. If a tenant hired the contractor, the tenant is listed as the owner, with a note that their interest is a lease.
When does it have to be recorded?
In Florida, the notice must be recorded with the county clerk and posted at the job site before the first inspection. A few other timing rules matter:
- If work doesn’t start within 90 days after recording, the notice is void and you’ll need a new one.
- The notice expires one year after recording unless the form lists a different date.
- Payments the owner makes after the notice expires are considered improper payments, which can leave you paying twice for the same work.
- To switch contractors, you need a new notice, not just an amendment.
Some small jobs fall under a dollar threshold set by state law and don’t need a notice at all. If you’re not sure whether your project qualifies, ask your building department.
How to get your notice of commencement notarized
The notarization itself usually takes just a few minutes once everything is ready. Before your appointment:
- Fill in the form, but don’t sign it. You’ll sign in front of the notary.
- Have the permit number and tax folio number handy if your county’s form asks for them.
- Bring a current government-issued photo ID, such as a driver’s license or passport. The name should match the name on the form.
- If you’re signing for a company, know your title so the notary can record it correctly.
- Plan how the original will reach the clerk’s office, or ask whether your county accepts electronic recording.
Mobile or online: two fast ways to get it done
Homeowners and contractors usually don’t want to stop work and drive across town for a notary stamp. With Notarizr, a commissioned notary can meet the owner at the home, office or job site, often the same day. We can also print the form for you before the appointment. Book a mobile notary near you or use Instant Book to see your price and pick a time.
If the owner is out of town, remote online notarization may be an option. Florida’s statutory form specifically allows online notarization, and many counties accept electronically recorded documents. Check with your county clerk before you choose this route.
Managing several projects at once? See how online notarization helps construction companies keep jobs moving.
Frequently asked questions
Can my contractor sign the notice of commencement for me?
In Florida, no. The law requires the owner to sign it. Your contractor can help fill it out and record it.
Can I sign the form before I meet the notary?
No. Leave the signature line blank and sign in front of the notary.
How long is a notice of commencement good for?
In Florida, one year from the date it’s recorded, unless the form states a different expiration date. It becomes void if work doesn’t begin within 90 days of recording.
Will the notary fill out the form for me?
No. A notary confirms your identity and notarizes your signature, but can’t give legal advice or complete legal documents. If you have questions about what to enter, ask your contractor, lender or an attorney.
Need a notice of commencement notarized today? Book a mobile notary or call 1-877-618-OPAL.