Demolition Permit Requirements Information
Demolition permits ensure: public safety (the demolition is conducted safely, with proper engineering and contractor qualifications), environmental protection (hazardous materials such as asbestos, lead paint, and underground storage tanks are properly handled), utility coordination (all utilities are disconnected before demolition), historic preservation (historically significant buildings are evaluated before demolition is approved), and neighbor protection (the demolition does not damage adjacent properties). The demolition process involves: obtaining the demolition permit from the building department, completing the asbestos survey and abatement (if asbestos is found), disconnecting all utilities (water, sewer, electric, gas, and telecommunications), notifying adjacent property owners, conducting the demolition with a licensed contractor, managing debris disposal (recycling and proper landfill disposal), and obtaining final inspection and permit closure.
Florida Legal Definition
Demolition permits in Florida are governed by: the Florida Building Code (§553.73, requiring a building permit for demolition), local building department requirements, Environmental Protection Agency regulations (for asbestos under NESHAP), and local historic preservation ordinances. Under the Florida Building Code, a demolition permit is required before: any building may be demolished, and the permit application must include: proof of utility disconnection, an asbestos survey by a licensed assessor, evidence of proper insurance, and a licensed contractor (if the work exceeds the owner-builder exemption). Under the National Emission Standards for Hazardous Air Pollutants (NESHAP), all buildings must be inspected for asbestos before demolition, and any asbestos must be properly removed and disposed of by licensed abatement professionals.
How It's Used in Practice
In practice, attorneys advise property owners on demolition permit requirements and regulatory compliance. The attorney: coordinates with the building department on permit requirements, ensures the asbestos survey is completed (and abatement is performed if asbestos is found), verifies that the contractor is properly licensed and insured, evaluates historic preservation requirements (if the building is listed or potentially eligible for historic designation), ensures compliance with environmental regulations (NESHAP for asbestos, lead-safe work practices, and underground storage tank removal), and addresses neighboring property concerns (dust, noise, and potential structural impact). Common issues include: discovery of asbestos during demolition (which requires stopping work and completing abatement), historic preservation conflicts (the building may be designated or eligible for designation, requiring a longer review process), and contractor licensing issues.
Key Takeaways
- Demolition requires building department permit in Florida.
- Asbestos survey mandatory before demolition under NESHAP.
- All utilities must be disconnected before demolition.
- Historic buildings may require additional review and approval.
- Licensed, insured contractor required.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC