What Does It Mean When a Building Is Condemned?
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Richard Haddad Executive EditorClose
Richard Haddad Executive EditorRichard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.
When a building is condemned, especially when it’s your home, it can be alarming and confusing. What does it mean when a property is deemed unfit for habitation or use? Whether it’s due to safety concerns, health hazards, or other issues, understanding the implications for you and your home is crucial.
In this guide, we’ll explore what a condemned house is, who has the authority to condemn your property, and the various types of condemnation. We’ll also share the top reasons properties are condemned, how the condemnation process unfolds, and answer frequently asked questions you might have if you’re facing this situation.
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What is a condemned house?
A condemned house is a property that local government authorities have deemed unsafe or unfit for living. This judgment can result from various issues, including severe structural damage, health hazards like mold or infestations, or failure to comply with building codes. Once a house is condemned, it must not be inhabited until the owners rectify the cited problems and the property passes a subsequent inspection. Condemnation is a serious indication that a house poses significant risks to its occupants or the public.
Who can condemn my property?
The authority to condemn a property typically lies with local government agencies, such as the building or health department. These agencies enforce housing, building, and safety codes designed to protect the public. If your property violates these codes to a degree that it’s considered dangerous, these agencies can issue a condemnation notice. In some cases, state or federal agencies may also have the power to condemn properties if they pose broader risks to public health or safety.
Are there different types of condemnation?
Condemnation can occur for several reasons, each reflecting the nature of the threat a property poses.
Dilapidated, dangerous, or out of character
Properties may be condemned if they are dilapidated, posing safety risks due to structural weaknesses or failures. Dangerous buildings, due to hazards like exposed wiring or toxic substances, also fall under this category. Occasionally, a property might be condemned for being “out of character” with community standards, although this is less common and typically involves significant health or safety concerns.
What is eminent domain?
Eminent domain refers to the power of the government to take private property for public use, with compensation provided to the owner. While not a form of condemnation due to property condition, it is a legal means by which a property can be compelled to change hands. This process is often invoked for projects that benefit the public, such as highways, schools, or utilities.
What is the condemning authority?
The condemning authority is the government body with the legal right to condemn a property. This authority can vary by jurisdiction but often includes city or county building and safety departments, health departments, or other regulatory agencies. These bodies are responsible for inspecting properties, issuing condemnation notices, and overseeing the process to ensure properties are brought up to code or appropriately dealt with if they pose a risk to public safety or health.
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What can cause a house to be condemned?
Properties can be condemned for a variety of reasons, all of which signal that the building is not safe or suitable for occupants. Here are some of the top reasons a property may face condemnation:
- Structural hazards: Significant issues with the foundation, walls, or roof that pose immediate danger to occupants. This damage may be due to weather catastrophes, water damage, or pests, such as termites.
- Health hazards: Presence of toxic substances like lead paint or asbestos, severe mold infestations, or pest infestations that jeopardize health.
- Utility failures: Lack of essential services such as running water, electricity, heating, or sewage disposal.
- Fire hazards: Inadequate escape routes, faulty wiring, or other conditions that significantly increase the risk of fire.
- Building code violations: Serious or numerous violations of local building codes that are not corrected within a given timeframe. These violations can also be the result of unsafe building materials.
- Abandonment: Properties left vacant and in disrepair may be condemned to prevent them from becoming a public nuisance or safety hazard.
How does the condemnation process work?
The condemnation process typically unfolds in several stages, from the initial identification of issues to the final resolution. Here’s an example scenario to illustrate how the process might work:
- Inspection: A local building inspector notices or receives a complaint about a potentially unsafe house. The inspector visits the property to assess its condition and finds significant structural damage and a severe mold problem, warranting condemnation.
- Notice: The property owner is issued a notice of condemnation, outlining the specific reasons for the decision and what must be done to rectify the issues. The notice also includes a deadline for starting repairs and may order the immediate evacuation of the premises.
- Appeal: The property owner has the right to appeal the condemnation decision. If they choose to appeal, a hearing is scheduled where the owner can present evidence or arguments against the condemnation.
- Repairs and re-inspection: If the owner decides to proceed with repairs, they must obtain the necessary permits and complete the work by the deadline. Once repairs are finished, a re-inspection is conducted. If the property now complies with safety and health standards, the condemnation status can be lifted.
- Demolition or forced sale: If the owner fails to make the necessary repairs within the given timeframe, the local government may proceed with demolition of the property or force a sale to a new owner who can bring the property up to code.
Find a Top Agent With Condemned Property Experience
If you are considering buying a condemned house, work with an agent who understands the nuances and red tape that can come with it. A top agent will work with local officials and have connections with local contractors to guide you from start to close.
FAQs about a condemned house
If you receive a notice of condemnation, it’s essential to act quickly. Review the notice to understand why your property was condemned and what specific repairs or actions are needed to address the issues. Reach out to a legal advisor right away. You typically have a short window to appeal the decision or to start making the necessary repairs. Contact the issuing agency to discuss your options and any potential for extending deadlines or assistance programs that may be available to help with repairs.
Check with your legal advisor before attempting to sell a condemned house. In jurisdictions or circumstances where it’s allowed, the sale will likely come with challenges. Buyers are usually investors or developers interested in renovating the property. If it’s legally allowed, you must disclose the property’s condemned status and the reasons for condemnation to potential buyers. The sale price is likely to be significantly lower than for a non-condemned property, reflecting the cost of necessary repairs or demolition.
Buying a condemned house is possible and can be an opportunity for investors looking to renovate and flip the property. However, it’s important to contact the condemning authority to check the process and to thoroughly understand the extent of the issues that led to the condemnation. You’ll need to factor in the cost of bringing the house up to code, along with any permits and inspections required. Consulting with a structural engineer or a contractor experienced in rehabilitating condemned properties is advisable before making a purchase. Also note, that lenders may deny financing the purchase of a condemned property.
Inverse condemnation occurs when the government takes or damages private property without formally exercising its eminent domain authority, leaving the property owner to initiate legal action to seek compensation. For example, if government activities or regulations effectively render your property unusable or significantly decrease its value without directly taking it, you may have grounds for an inverse condemnation claim. This process requires proving that a government action has resulted in a taking or damaging of your property, thereby entitling you to just compensation.
If your house is condemned, you have specific rights, including:
- The right to receive a formal notice of condemnation.
- The right to appeal the condemnation decision within a specified period.
- The right to be informed about the specific reasons for condemnation and what needs to be done to rectify the situation.
- The right to access information on any available assistance for making repairs.
- The right to a fair hearing if you choose to appeal the decision.
Contact your legal advisor and familiarize yourself with local laws and regulations, as these rights can vary by jurisdiction. A legal professional with experience in property law can provide guidance and help protect your rights throughout the condemnation process.
Bottom line: Dealing with a condemned building or house
Whether you’re dealing with a notice of condemnation, considering the purchase of a condemned property, or exploring your options for appeal, it’s important to approach the situation with knowledge and caution.
Remember, condemnation doesn’t have to be the end of the road for a property. With the right actions, appeals, and repairs, a condemned house can be transformed and given a new lease on life. Stay informed, seek professional advice, and take proactive steps to address the issues at hand.
Need to sell fast: If you have a home in poor condition and you’re concerned it won’t sell or may be condemned in the future, consider requesting an as-is cash offer. HomeLight’s Simple Sale platform can provide a no-obligation all-cash offer for your property within 24 hours, allowing you to close in as little as 10 days.
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