Why is a fire damaged house taking so long to demolish

Visitor Question: A house down the street caught on fire, and because nobody was around at the time, it was burned really badly. Clearly it cannot be repaired and needs to be demolished.

It has been about six months now, and we don't see any actions leading to demolition. Why is it taking so long? Should we expect better code enforcement from the city, or are they required to wait a while because of the circumstances?

Editors Reply: Unfortunately, your situation is not all that rare. The most common issue is a complication from the insurance companies. Sometimes there is a disagreement about something, and often it is simply a case of the insurance company being backed up on claims. The latter is especially likely if you had a storm right before the fire.

Also the property owners could be in a fight with the city government over whether they should be required to demolish the building or whether they have a right to rebuild in the same size and shape as the house that burned.

To trace down this potential cause of delay, be sure to communicate your concerns to the city and try to learn if they have been talking with the city about what to do next. Also at the same time, you can learn if and when the city would take action to condemn the remaining structure or otherwise force the issue.

If the building shell is hazardous, as most fire-damaged properties would be if they have been left unattended for several months after a major fire, almost every city should have the legal power to force action. In some places, the city may even be able to contract for the demolition itself and put a lien on the property for the cost.

Yet often a city government will respect the insurance process and defer to insurance-related delays so that the property owner can receive a fair claim settlement.

Based on the city staff person's response to your questions, you will be in a much better position to judge whether the city should be taking more code enforcement action.

The property owner could be trying to sell the property and thus forego having to bear the expense of demolition. Ask a real estate agent you know if this property has been listed for sale.

If the land parcel and remains of the home have been for sale for a while now, it could be that builders and developers are not interested in that location or do not have the capability of taking on another project. (Notice that lack of developer interest could be either a great signal or a sign of trouble for your neighborhood.)

It is also possible that the property owner has learned that there is a cloud over their title to the property, and the delay may be the result of their trying to resolve a legal question.

Now we are left with two more remote possibilities. First, the property owner may have died, leaving the property tied up in probate or other estate settlement process.

Second, if there is any question about whether the origins of the fire were suspicious, an ongoing arson investigation may be causing the structure to be left intact exactly as it was after the fire was extinguished. Again, your city government should tell you whether there is an arson investigation or other fire marshal action that would postpone cleanup.

In short, some conversations with your city government probably will give you some helpful information. If this simply an insurance delay, try to motivate the city to be more proactive.

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