The Penalty for Demolition Without a Permit: What You Need to Know

Posted on October 7, 2024October 7, 2024 by Jason Somers

To adequately prepare for a construction project, you must create building plans, set a budget, and obtain the necessary permits. If you’re completing a renovation or demolishing a building before you construct a new one from scratch, you’ll need to apply for a demolition permit. This type of permit is granted by your local building department for any project that requires a considerable amount of demolition.

If you demolish a structure without getting approval for a demolition permit, you could face serious penalties and consequences. For example, the city may require you to undo any work you’ve performed on the new building. You could also be fined, which will make it more difficult for you to keep the project under budget. The purpose of this article is to outline the penalties and legal implications you might encounter for demolishing without a permit.

Definitions

Demolition is the process of dismantling, destroying, wrecking, or razing a structure. During a demolition project, workers will need to contend with the standard hazards associated with the construction process. However, additional hazards may also arise, which include the following:

• Lead, asbestos, and other materials that are hidden by structural elements
• Unapproved alterations that modify the original design
• Changes from the initial design that was reviewed during the permit approval process
• Unknown weaknesses or strengths of construction materials

A discretionary demolition permit is given to project managers or contractors for structural or buildings where the demolition work requires at least one discretionary zoning act by the local government.

As for ministerial demolition permits, they are provided for projects that involve unsafe structures. You can also obtain this type of demolition permit if the project doesn’t require a discretionary zoning permit. If you’re demolishing the structure to create an empty lot, you’ll be able to apply for a ministerial demolition permit.

A residential structure can be a single-family dwelling, hotel, apartment building, condo, or cooperative. Keep in mind that a structure can involve any building or object that will require a permit to demolish. The City Council or building official may label a building “unsafe” if it’s uninhabitable. This label is necessary to ensure public health and safety. Unsafe structures are often demolished immediately. It’s important to understand these terms to make sure you comply with all city guidelines and avoid legal consequences.

Legal Requirements for Demolition

Contractors and property owners are tasked with obtaining demolition permits before they can destroy a primary building or accessory building. This permit is also necessary if you’re working on a renovation that requires you to tear down a wall or two. The consequences of demolishing without a permit are severe in California. Along with tearing down any work that you’ve done, you’ll also pay a fine of at least $1,000. However, the monetary fines can add up quickly if there are multiple violations.

Completion Bond Requirement

Before a contractor can obtain a demolition permit for the project they’re working on, they must provide a copy of a valid license issued by the Contractor’s State License Board for the demolition of buildings or structures. If a property owner or contractor doesn’t have this license, they’ll need to file a surety company bond.

The bond must be executed by the person who owns the property where the project is set to occur. They must adhere to the following conditions:

• All the work must follow the conditions that are placed in the demolition permit
• The project must be completed within 90 days of receiving the permit
• The bond amount is usually $2,000

Make sure that the bond is made payable to the city the building is located in. The $2,000 deposit can be paid with a cashier’s check or a certified check. Depending on the circumstances, your local building official could extend the 90-day limit. Keep in mind that some exemptions allow you to obtain a permit without filing a bond, which are listed below:

• Nonresidential structures that aren’t larger than 600 square feet
• Small and unimportant structures
• Group M, Division 1, occupancies

Public Notification and Posting Requirements

Before you receive a demolition permit, you must notify the public. Your local government won’t issue a permit unless you file at least five notices of your application. These notices must be posted within 300 feet of the property where the demolition is set to occur.

This posting requirement isn’t necessary for small, unimportant, or unsafe structures. If you’re demolishing part or all of a multi-storied building, anywhere from two to five notices will need to be posted in the hallway, lobby, or other common area within the building.

Organizations and individuals can also pay a fee to have their addresses and names placed on the notice list. If there are any additional names on this list, you’ll need to mail a written notice of the demolition before completing the project. If you don’t inform nearby residents and stakeholders, your project won’t be legal.

Once the 30-day posting period is over, you should receive a ready-to-issue notice. This notice will be effective for a total of 18 calendar months, during which you should be given a demolition permit. If the city doesn’t issue the permit within 18 months, you’ll need to reapply.

Fees Associated with Demolition Permits

Demolition permit fees vary considerably based on the location of the property as well as the size and type of the structure that’s being demolished. Most cities provide a master fee schedule that outlines these costs.

There are also several different types of fees that may need to be paid to gain approval from the city. For example, the administrative fees for a demolition project can range from $268-$537. The total amount you pay depends on the cost of the project. Once you pay the necessary fees, the city can perform the regulatory process and review your application.

Penalties for Illegal Demolitions

Performing an illegal demolition can lead to costly civil penalties. Each penalty for demolition without permit is $1,000. If the demolition involved a residential structure, an additional penalty of $5,000 will be applied for each living unit. You’ll receive a notice from your building official once the penalty is assessed.

If you don’t pay the penalty within 30 days of receiving the notice, the building official will send a report of the violations to the City Council. Your name will be listed alongside all proposed penalties. Once the Council receives this report, they’ll set the time and date for a hearing. You’ll get a notice of this hearing in the mail well before the date.

If the City Council confirms the report as well as the penalties, a lien will be placed on your property and recorded with the county. In this scenario, the unpaid fees will be included in your next property tax assessment. The lien will remain affixed to the property until you pay the total assessment.

Building Permit Requirement

In most cases, the city can’t issue a demolition permit until you apply for and obtain a building permit that allows you to make a replacement structure. There are a few exceptions to this rule, which include everything from demolishing an unsafe structure to making a vacant lot.

Exceptions to Demolition Permit Requirements

You don’t need to obtain a building permit before receiving a demolition one if you’re looking to create a parking lot or a vacant lot. The same is true if you’re demolishing an unsafe structure or a building that was labeled a “public nuisance” by the City Council or building official. If you or your real estate agent caused the structure to become unsafe or a public nuisance, the exception won’t apply.

A building permit isn’t needed if you’re demolishing a nonresidential building that’s smaller than 600 square feet. These guidelines also apply to small and unimportant structures as well as buildings that are part of a project that’s sponsored by the Redevelopment Agency.

Design Review and Environmental Considerations

Demolitions could be subject to a design review if they fall under the Oakland Planning Code guidelines that are detailed in Chapter 17.136. For example, a review is necessary for nonresidential facilities in zones like D-CO-5 and CIX-1D. These guidelines can vary from city to city.

The project may also need to comply with the California Environmental Quality Act (CEQA). All discretionary demolition permits will need to go through a CEQA environmental analysis. It’s possible, however, for ministerial demolition permits to be exempt from CEQA. The effects of the demolition project will be reviewed.

Dust Control Measures

City guidelines also require contractors and property owners to implement dust control measures to limit the amount of particles that enter the air during the demolition. You must maintain “best manager practices” during every stage of the project. These practices include suspending work to get rid of the dust nuisance or preventing the discharge of air contaminants in a manner that would violate regional air pollution statutes.

It’s also important that you continuously apply dust or water palliatives while demolishing the building. Dust nuisance can be mitigated by sweeping or cleaning the area. Depending on the size of the project, you may need to create a dust control plan and present it to your local building official. If you don’t control the dust or smoke that’s created during this process, your demolition permit could be suspended or revoked. The city may also assess fines and other penalties.

Conclusion

Demolition permits come with strict requirements that you must closely follow to ensure you receive the document in a timely fashion. It’s crucial that you take environmental considerations into account and use dust control measures to avoid having your permit revoked after it has been issued. Before proceeding with demolition, it’s highly recommended that you consult local regulations.