Demolition: Legal Obligations And Regulations

You want to demolish a house to build another? As part of standards and legislation, here are the necessary steps to perform before the demolition, from obtaining the permit to asbestos and lead diagnostics.

The demolition permit

The permit to demolish is an essential authorization for local demolition companies Melbourne. It may concern a partial or total demolition of a building. In all cases, this authorization is intended to ensure the preservation of the built heritage, neighborhoods, monuments and sites and the protection of the occupants of old housing.

However, it is not required when the demolition is imposed by a judicial decision, especially in the case of a building declared unhealthy, fallen into ruin or in the case of a construction carried out without authorization. The application for the demolition permit is made at the town hall or the municipality where the land is located. The file must contain a site plan of the ground showing its orientation and scale, a plan of the buildings to be demolished and / or preserved and an original photo of the buildings to be demolished.

The technical diagnosis of asbestos

Before proceeding with the demolition of a building by local demolition companies Melbourne, it is important to carry out a technical asbestos diagnosis in order to preserve the health of the people working on the site. Mandatory for buildings demolition, it consists of tracking degraded asbestos materials in false ceilings. Extensive identification is also performed at floor slabs, roof plates or in pipes. Only professionals with a certification issued by regulation bodies are authorized and authorized to carry out the tracking operations.

The lead diagnosis

Attached to your sales agreement or lease, the diagnosis lead only concerns homes built before a certain date. A diagnosis is also mandatory in the same way as asbestos. This toxic element was once widely used in paints. By degrading, these paints leave scales or dust on the ground, thus affecting the health of occupants or professionals working on the demolition site.

A statement of the risks of exposure to lead is then necessary. This operation is performed using an X-ray fluorescence device. Its use is subject to a detention authorization issued by ASN. The search for lead is done on all the painted elements of the house. The law is strict regarding the presence of asbestos and lead but also at the disposal of rubble during the demolition work.

Issues of the demolition permit: heritage, security, etc.

The permit to demolish by local demolition companies Melbourne has different stakes depending on the case:

Respect for heritage:

  • monument,
  • protected site,
  • neighborhood of a city,

protection of men: dilapidated dwellings, etc

Permission to demolish: who can file an application?

Several situations may arise, but only a few people have the right to apply for a demolition permit:

  • the owner of the land,
  • a person with the permission of the owners,
  • the co-owner of the land,
  • the leader of the expropriation of the land for public purposes.

After obtaining the building permit: to do

Following the authorization of the permit to demolish, it is necessary:

  • make a declaration of opening of construction site near your city hall,
  • install a sign, visible from the road, on your building site indicating in particular the number of the permit to demolish.

Permit to demolish: law and rubble collection

The rubble extracted from the site may be deposited in a dumpster during the work. This requires a request from the municipal road service.

Permission to demolish: regulation of explosives

In the building sector, and more particularly in the field of demolition, there are decrees to regulate the use of explosives:

  • acquisition of explosive,
  • possession of explosive,
  • transport of explosives

Disputes related to the demolition permit: the preventive referral

In case of dispute with the neighborhood, a “preventive referral” has been developed by the case law. An expert is then sent to the site of the demolition to settle the various disputes that may arise from the site. This expert brings together the different actors of the demolition:


  • project manager,
  • various businesses,
  • control offices.