Do I Need a Permit to Demolish a House?

Tearing down a house always needs a permit, and the demolition permit is usually the last of several approvals. Before a building department will let a house come down, it typically wants proof that utilities are disconnected, the sewer connection is capped, hazardous materials such as asbestos have been checked, and the building isn’t historic. Those prerequisites, not the demolition permit itself, are what take the time.

This guide covers the model code, the federal asbestos rule, and how four cities handle demolition. Rules vary widely, so confirm with your local office. If you don’t know which office covers your address, you can find your local building department.

What the model code says

IRC R105.1 requires anyone who intends to “construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure” to first obtain a permit. The IRC’s list of exempt work (R105.2) covers small sheds, fences and similar items, not demolition of a dwelling.

The IRC itself has no demolition chapter. The companion International Building Code (IBC) has the model demolition rules in Section 3303:

• 3303.1 Construction documents and a demolition schedule must be submitted where the building official requires them.
• 3303.2 Demolition can’t start until required pedestrian protection is in place.
• 3303.4 After a building is removed, the vacant lot must be filled and maintained to the existing grade or as local ordinance requires.
• 3303.5 You must prevent water from accumulating or damaging foundations on the site or the neighbor’s property.
• 3303.6 Service utility connections must be discontinued and capped according to the rules of the governing authority.

Asbestos: the federal rule and stricter local rules

Asbestos is the step most homeowners don’t expect. The federal asbestos NESHAP (40 CFR Part 61, Subpart M) requires owners and operators of covered demolitions to thoroughly inspect for asbestos before demolition and to give written notice to the regulating agency at least 10 working days before demolition begins, even when no asbestos is found (40 CFR 61.145).

But the federal definition of a covered “facility” in 40 CFR 61.141 excludes residential buildings with four or fewer dwelling units. In a 1995 Federal Register clarification, EPA said demolishing an isolated small residential building is not covered, but demolishing more than one small residential building on the same site by the same owner or operator is.

That federal gap is often filled by state and regional air agencies, whose rules can be stricter. In the Seattle area, the Puget Sound Clean Air Agency requires homeowners to:

• Have an AHERA-certified building inspector perform an asbestos survey, and keep a copy on site.
• File an Asbestos/Demolition Notification with a filing fee before any demolition begins. This applies to all structures, including mobile homes, with more than 120 square feet of roof area.
• Remove all friable asbestos before demolition.
• Wait 10 days after filing before demolishing, whether or not asbestos was found.

Check with your state environmental agency or regional air district before you schedule a demolition contractor.

Utilities and the sewer cap

IBC 3303.6 requires service utility connections to be discontinued and capped under the rules of each utility and governing authority, and city demolition checklists turn that into paperwork you file before the permit is issued. Expect to arrange:

• Gas and electric disconnection by each utility, with a written shut-off notice. Boston asks for notices from gas, electric, telephone and cable companies.
• Water service discontinuation. In Philadelphia this takes a separate Water Department permit; in Boston, a closed general service agreement from the Boston Water and Sewer Commission.
• Sewer capping, so debris and groundwater stay out of the public sewer. Philadelphia requires a plumbing permit to seal the sewer lateral before you can even apply for the demolition permit.
• A utility locate ticket before digging out foundations or the sewer line. Boston requires a Dig Safe reference number and Philadelphia a PA One Call serial number on the application.

Utilities can take weeks to schedule disconnections, so request them as soon as you decide to demolish.

How the rules differ by city

Each example comes from that city’s official demolition pages:

• Seattle. A demolition permit is needed to remove a building, and each permit covers one building. All demolition permits require at least 15 days of rat abatement by a licensed pest control company right before work starts. Applicants check landmark status with the Department of Neighborhoods, meet the land use code’s rules on housing demolition and tenant relocation, and file the Puget Sound Clean Air Agency notice. The fee is 1.5 times SDCI’s base fee plus inspection fees, a state surcharge and any hourly review. Demolitions with under 5,000 square feet of ground disturbance, a building footprint under 5,000 square feet, and no mapped environmentally critical areas may qualify for a faster subject-to-field-inspection permit.
• Boston. Before applying you need Article 85 Demolition Delay approval from the Boston Landmarks Commission, which reviews all buildings at least 50 years old, plus all buildings Downtown, in Harborpark, or in a Neighborhood Design Overlay District. Staff respond within 10 calendar days of a complete application; buildings found “significant” go to a public hearing where the applicant must present alternatives to demolition. The permit application also needs shut-off notices from gas, electric, telephone and cable companies, a closed general service agreement from the Boston Water and Sewer Commission, state DEP approval for hazardous materials, a Dig Safe number, and a pest control letter.
• Philadelphia. A Complete Demolition Permit applies to an entire building, or when more than two-thirds of the framing is removed and an outside wall is altered. A zoning permit and a plumbing permit to seal the sewer lateral are required before you apply, and the Water Department issues a separate permit to discontinue water service. Historic properties need Historical Commission approval first. Work must be done by a Philadelphia-licensed demolition contractor. Fees are a $25 filing fee for one- and two-family dwellings, $25.30 per 100 square feet with a $253 minimum, and a $63 zoning permit fee for demolition. An asbestos inspection report is required for buildings other than one- to three-family dwellings built before 1981.
• Phoenix. Demolition permits expire if the work isn’t completed within 60 days of issuance. One extension of up to 30 days is allowed, and an expired demolition permit can be reinstated for up to 30 days if plans are unchanged. Either costs 50 percent of the current permit fee.

What to have ready when you apply

• Site plan showing the structures to be removed, property lines, trees and tree protection, and erosion control.
• Proof of ownership and, if someone else applies, the owner’s signed authorization.
• Utility disconnection letters or shut-off notices for gas, electric and water.
• Sewer cap permit or proof of capping.
• Asbestos survey report and any required air agency notification.
• Historic or demolition-delay clearance, if your city has one.
• Contractor license and insurance information.
• Pest control letter if your city requires rodent abatement.
• Debris and waste hauling plan, where required.

Zoning, historic and neighbor issues

• Historic districts and landmarks usually need approval before any demolition permit. Even undesignated older buildings may trigger a review, as in Boston.
• Tenant protections. Demolishing occupied rental housing can trigger relocation assistance or notice rules, as in Seattle.
• Trees. Seattle requires the demolition site plan to show all existing trees and tree protection.
• Party walls and adjoining buildings. Philadelphia requires protection-of-property documentation, including a monitoring plan and the adjacent owner’s acknowledgment, when demolition modifies a party wall or is within 90 feet of a historic structure.
• Replacement plans. Some cities hold the demolition permit until the replacement is approved. Seattle says that in some cases it won’t issue a demolition permit until it has issued the building or master use permit.

Questions to ask your building department

• Do I need a separate demolition permit, or can it be part of my new construction permit?
• Is the house subject to historic or demolition-delay review?
• Which utilities must give written disconnection proof, and who caps the sewer?
• Does the state or a regional air agency require an asbestos survey or notice for a single house?
• Can I do the work myself, or is a licensed demolition contractor required?
• How long is the demolition permit valid?

Whatever replaces the house needs its own permits. See how to apply for a building permit and building permit costs for the next steps.