Condemned buildings

Condemned, in the building code sense

A posted notice declaring a building unfit for occupancy is a code enforcement action by a local official. Nobody is buying the property, nothing is being taken and no compensation is paid. It is a different legal world from eminent domain, despite sharing a word.

Two meanings, one word

Make sure you are reading the right pages

This page: the building code sense

A building official has declared a structure unsafe or unfit for human occupancy. The owner keeps the property and is ordered to repair, vacate or demolish. No money changes hands and no agency is acquiring anything.

The other sense: eminent domain

A government agency is acquiring property for a public project and must pay just compensation for it. Everything else on this site covers that.

Why it happens

Common grounds for condemnation of a structure

GroundTypical findings
StructuralFailing foundation, roof, floor system or load bearing walls
Fire damageLoss of structural integrity or of fire separation
UtilitiesNo working water, sewer, heat or electricity where the code requires it
Electrical and plumbingUnsafe wiring, no legal service, exposed hazards
SanitationSewage backup, severe infestation, accumulated waste
Flood or storm damageSubstantial damage above a threshold, which can trigger rebuilding requirements
Mould or contaminationHealth hazard findings by a health department
Abandonment and neglectOpen to the weather or to entry, with accumulated violations

What to do first

The notice is appealable, and the deadline is short

Get the written order. A posted placard is not the whole document; there is normally a written notice listing the specific code sections violated and the findings supporting each. You need that list, because it is what any repair plan and any appeal responds to.

Then find the appeal route and the deadline. Most jurisdictions provide an appeal to a board of building appeals, a housing court or a similar body, and the window is often short, commonly ten to thirty days. Missing it does not usually prevent repair, but it does remove the route to challenge the findings themselves.

Do not re enter or re occupy a condemned structure. It is usually a separate offence, it can carry penalties, and it undermines any later argument that the owner has dealt with the matter responsibly.

Questions about condemned buildings

Do I still own it

Yes. Condemnation under a building code restricts occupancy and use. It does not transfer title. You remain the owner, and you remain liable for taxes, insurance and maintenance.

Will anyone pay me for it

No. This is not eminent domain and no compensation is involved. If the property is later acquired for a public project, that is a separate matter with its own compensation.

Can the city demolish my house

In most jurisdictions yes, after notice, an opportunity to repair and a hearing, where the structure is found dangerous and the owner does not act. The cost is usually assessed against the property as a lien.

Can I be forced out immediately

Where the hazard is immediate, yes. Emergency orders to vacate can be effective at once, with the appeal following rather than preceding.

Does my insurance cover this

It depends on the cause. Damage from a covered peril is usually covered, subject to policy terms. Deterioration, neglect and some flood or mould losses commonly are not.

Does a condemnation notice show up on the property record

Often yes. Code enforcement actions and liens are recorded in many jurisdictions and will be found in a title search, which affects sale and financing.

Not sure what to do next

Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.

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