How would you feel if suddenly one day someone will knock on your door and hand you a “demolition order”?. This is probably the last situation you will want to be in. The main problem is that many are forced to cope with such a reality without being aware of their rights, their duties, and the relevant ways to act in such a situation.
A demolition order is sent to you by registered mail and it is pasted on the asset by the supervisor over construction on behalf of the local committee of planning and construction. Such an order is very alarming, and it includes attachments in the form of a drawing that shows you where you exceeded, pictures of the construction violation and a summon for an investigation when the violation is construction that was done in contrast to what is said in the building permit or a use that exceeds the permit you received. A construction violation is a criminal offense!!!.
Receiving such an order creates a lot of confusion, and you ask yourself is the order administrative? judicial? injunctive? What is its effect?.
Many times, the “easiest” way to cope with this misfortune is to agree to the demolition of the structure, but what isn’t known is that sometimes you can file at court a petition to delay or revoke the demolition order, while the biggest challenge in regard to that is to manage to act on time. From the moment the order is pasted on the building the demolition can be performed within 24 hours.
Revocation of a Demolition Order- When should you file it?
Alongside those who knowingly performed construction excesses, there are those who are totally unaware that they violated the law. Committing an offense in good-faith catches the owners of the structures by surprise, and they feel helpless and mostly angry against such a demolition order. As you know, as long as there is a concern that a construction violation or a use that exceeds a permit are in progress, the committee of planning and construction can ask for a demolition order for that specific structure.
Before you accept the order that has financial and emotional ramifications, learn about your rights in this matter.
What are the common reasons for receiving a demolition order?
- A construction that is being done with total disregard of the law.
- The construction processes started before a duly official approval was given by the authorities
- A construction that exceeds a permit that was given to the structure.
- A construction that is contrary to the use that was set in the building permit: for example turning a residential apartment into an office.
“Isn’t the demolition of the structure a step that is too extreme?”
The objective of the authorities that are responsible for enforcing the planning and construction laws is to fight those who commit construction violations and to grant to the authorities in charge the power to rapidly demolish what was illegally constructed in an abbreviated process, and that way they will guarantee the order in the public space. When a citizen takes the law into his own hands and he builds on his initiative without receiving the relevant permits, there is a concern to the safety of the structure and of the neighbors. Another concern is that other citizens will take the law into their hands and also build without a permit.
The authorities do sometimes choose drastic measures, such as the aforesaid demolition order, which can be executed within 24 hours. It is also important to understand that more than once, simultaneously to the preservation of proper planning and construction procedures the interest in demolishing a structure is protecting the public’s safety.
We invite you to address us once you received a warning about sending the order, or once you received a phone call from the department of the supervision over the construction about their intention to visit the asset, as well as after the order was received. We will examine the demolition order from every possible angle, we will learn about the specific case, and we will recommend you whether to file a petition for the revocation of the order. In most cases, in order to totally prevent the demolition order, you need to prove that the relevant structure was built according to the law subject to a duly issued permit, and it doesn’t violate the planning and construction laws. There are many precedents that show that some demolition orders were unnecessarily issued. Therefore, a profound review can prevent an unnecessary demolition of the structure.
Filing a Petition for the Revocation of a Demolition Order- What is important to know?
Such a sensitive situation creates a turmoil of emotions that makes it very hard to reach decisions. Filing a petition for the revocation of a demolition order without a professional who will assist you is too large a gamble. We invite you to address us for the professional and legal consultation our office provides.
In the last two decades we accumulated a vast experience in all that pertains to bureaucracy, to filing petitions and to getting approvals. Our knowledge, professionalism, and experience are what you need in these harsh times.
Please notice: your window of opportunity is critical! If you will not act in order to prevent the order the authorities will act in order to execute it.
We provide services in a variety of issues in licensing, planning and construction. We will be happy to consult you as to your best way of action that will guarantee the revocation or delay of a demolition order, and even to receive a permit for the construction excesses.
