Demolition permits, explained

Do you need a demolition permit?

In many cities, yes, even for an outbuilding. Abilene, Kansas, requires a demolition or relocation permit for any structure, including full demolitions, partial demolitions and moving a building to another site^[1]. Liberty, Missouri, issues one permit for demolishing a residential or commercial building and clearing the site^[2]. In Boston, you must submit an Article 85 application before demolishing a building^[4].

Fee schedules show how common the permit is, and that it often covers smaller buildings too:

For a 1,500-square-foot house, the Canandaigua fee works out to $75^[6]. The permit fee is the small part of the bill: utility disconnections, an asbestos survey where it is required and debris disposal cost more, and each one has its own paperwork.

What the city asks for

Abilene and Liberty publish their lists, and they overlap on the essentials.

1. Ownership and the property. Liberty asks for the legal description and the address, and proof that the property is free of delinquent taxes and liens^[2].
2. A site plan. Abilene wants an aerial image of the property with the building to be demolished marked in another color, and a plan of nearby utilities and adjacent buildings that could be affected^[1]. Liberty needs a plot plan when some buildings on the site stay and others go^[2].
3. Proof that the utilities are off. Both cities require documentation from the utility providers (more below)^[1][2].
4. An asbestos report for older buildings in Abilene^[1].
5. A right-of-way permit in Abilene if equipment, vehicles, dumpsters or materials will sit in a public street, alley or sidewalk^[1]. Liberty asks for a report of any existing damage to curbs and sidewalks in the right of way^[2].
6. A contractor license on file with the city, in Liberty, if you hire a contractor^[2].

Abilene's form also asks whether you have contacted the dig-safe line^[1]. Contact 811, or your state 811 center, a few business days before any digging, so buried utilities are marked^[9].

Utilities: disconnected before the permit

Liberty requires sewer, water, electricity, natural gas and cable to be disconnected and abandoned before the demolition permit is issued, with a letter of verification, and its Utilities Department inspects the capping of the sanitary and water services^[2]. Abilene requires documentation from each provider confirming that gas, electric, water and telecommunications are safely disconnected, and its city inspector plugs the sewer line at the pre-demolition inspection^[1].

A septic system has its own step. Before demolition in Liberty, all sewage must be removed from septic systems and cesspools, and the voids filled with sand, gravel or other approved material^[2].

Asbestos

The federal rule is narrower than many people think, and local rules are broader. In a 1995 notice, the EPA said that in its opinion, the demolition or renovation of an isolated small residential building, meaning four or fewer dwelling units, is not covered by the federal asbestos NESHAP. It also said that several small residential buildings demolished on the same site by the same owner are covered, and that homes demolished as part of a larger commercial or public project are not exempt^[3].

Local rules fill the gap. Abilene requires an asbestos inspection report for structures built before a certain year, giving 1980 as an example^[1]. Liberty reminds owners that state and federal regulations on asbestos inspection, notification and handling apply to demolition, that owners hire a professional firm for a good-faith survey, and that the Missouri Department of Natural Resources should be contacted 10 working days before the demolition starts^[2].

Historic review: the waiting period

Older buildings can trigger a review before the permit. In Boston, all buildings at least 50 years old, and all buildings Downtown, in Harborpark or in a Neighborhood Design Overlay District, are subject to Article 85 review^[4]. Staff decide within 10 calendar days of a complete application whether the building is "significant"; if it is, a public hearing is scheduled within 30 days, where the applicant must present alternatives to demolition^[4]. The demolition permit then cannot be issued until 90 days after the hearing closes^[5].

Smaller cities have their own versions. Liberty requires a Certificate of Appropriateness from its Historic District Review Commission before a demolition application for a city-designated historic structure can even be started^[2]. In Abilene, a structure in a historic district must be reviewed by the Heritage Commission before the permit is issued^[1].

During and after the demolition

The permit comes with site rules. In Liberty, floors, foundations, footings, basements and retaining walls must be removed down to 18 inches below grade, with basement sections below that broken into pieces no larger than 8 inches; debris goes to a licensed landfill or recycling facility; open excavations must be protected; and erosion control must be in place before soil is disturbed, with the site graded and stabilized at the end^[2]. Abilene asks for dust and debris control, a secured site, protection of neighboring properties and the permit posted on site^[1].

The final inspection closes the file. Abilene inspects to confirm the site is clear and the debris removed^[1]; in Liberty you call for a clean-hole and final inspection^[2].

How long it takes

Abilene states a review period of 3 to 7 business days, and work cannot start before the permit is issued^[1]. Liberty's permit is valid for 30 days, with extensions at the chief building official's discretion^[2]. In Boston, a building found significant adds the hearing and the 90-day delay on top^[4][5].

Demolishing without a permit

Removing work does not erase a violation. In New York City, if work done without a permit is removed, the penalty is still $600 on a one- or two-family home, even if the removal itself did not require a permit^[10]. In Jerusalem, New York, working without a permit costs $250 or double the permit fee, whichever is greater^[8]. And in Boston, if the Landmarks Commission determines that a significant building was demolished in violation of Article 85, no building permit for new construction may be issued for that parcel for two years^[5].

Your demolition permit file

A demolition file is a site plan, the utility letters, the asbestos paperwork your city and state require, any historic clearance and the fee from the published schedule, in the right order. Our Permit Kit assembles that list for your address from your city's own rules. The All-in offer adds the review before filing and follows each city comment until the permit is issued.

Common questions