13 Oct Do You Need an Asbestos Survey Before Demolition in New York?
Yes. In New York State, every building demolition needs an asbestos survey first, whatever year the building went up. The survey must be done by a New York State certified asbestos inspector, and a copy goes to the town or city that issues the demolition permit and to the state Department of Labor’s local Asbestos Control Bureau office. In Westchester County this touches almost every job: 76.0% of the county’s homes and apartments were built before 1980, compared with 49.7% nationally (U.S. Census Bureau, ACS 2020-2024).
Key facts at a glance
| Question | Answer | Source |
|---|---|---|
| Is an asbestos survey required before demolition in NY? | Yes, for all demolitions, regardless of construction date | NYS Department of Labor |
| Who can do the survey? | A certified New York State Asbestos Inspector | NYS Department of Labor |
| Who gets a copy? | The local permit office and the Department of Labor’s Asbestos Control Bureau district office | 12 NYCRR 56-5.1, as summarised by DOL |
| Does the homeowner exemption apply? | No. A building slated for demolition is not “occupied” | NYS Department of Labor |
| Notice before asbestos removal | At least 10 calendar days, for projects over 260 linear feet or 160 square feet | DOL form SH 483 |
| Westchester homes built before 1980 | 76.0% (299,656 of 394,358 housing units) | U.S. Census Bureau, ACS 2020-2024 |
What does New York’s rule actually say?
The rule is Industrial Code Rule 56, written into state law as 12 NYCRR Part 56. The Department of Labor’s guidance for owners states that “the property owner must first obtain an asbestos survey that is conducted by a certified New York State Asbestos Inspector.” It also says: “Before work begins, a survey must be conducted and a copy of the survey must be provided to the local jurisdiction that will issue the demolition permit as well as to the local Asbestos Control Bureau District Office.”
In practice this means your town or city building department will expect the survey before it issues a demolition permit. The Town of Greenburgh, for example, lists a “Certificate of asbestos removal/absence of asbestos from a New York State licensed Department of Labor asbestos abatement contractor” on its demolition permit application.
Is a house built after 1974 exempt?
Not in practice. The rule exempts “a building built on or after January 1, 1974” from the survey itself, but the next section requires those buildings “to be assumed to contain asbestos and demolished as an asbestos project unless there is a survey.” Demolishing an entire building as an asbestos project is slow and expensive, so the Department of Labor sums it up plainly: “surveys are required for all demolitions… regardless of construction date.”
Some websites still say only homes built before 1978 need a survey. That is not what the Department of Labor says, and it mixes up the asbestos rule with the federal lead paint date.
Can I skip the survey because I own and live in the house?
No. New York has a narrow exemption for owner-occupied single-family homes doing their own work, but the Department of Labor states that “A structure slated for demolition… is not ‘occupied’ and is not eligible for this homeowner exemption.”
How common is asbestos risk in Westchester homes?
Asbestos was used widely in American building materials through the 1970s, in floor tiles, pipe insulation, siding, roofing and joint compound. Westchester’s housing is old by national standards, so these materials turn up often.
| Area | Homes built before 1980 | Homes built before 1970 | Median year built |
|---|---|---|---|
| Westchester County | 76.0% | 66.1% | 1959 |
| New York State | 73.9% | 64.1% | 1959 |
| United States | 49.7% | 35.5% | 1980 |
The town-by-town figures, from Pelham at 92.8% built before 1980 to Somers at 50.1%, are in our Westchester housing age data by city and town.
What happens if the survey finds asbestos?
The asbestos has to be removed by a licensed asbestos abatement contractor before the demolition goes ahead, and the abatement contractor must notify the Department of Labor. Form SH 483 sets the trigger at projects involving “more than 260 linear feet or 160 square feet” of asbestos material, with the notice due “At least 10 calendar days prior to project start date.” Build that time into your schedule.
Does the lead paint rule apply to demolition too?
It depends on how much of the building comes down. The U.S. Environmental Protection Agency states that its lead Renovation, Repair and Painting rule “does not apply to demolitions of an entire free-standing building or structure.” Partial demolition is different: removing walls, ceilings or a section of a home counts as renovation under the rule, so lead-safe work practices apply to homes built before 1978. That is often the case for interior demolition and gut renovations.
What order do the steps go in?
- Hire a certified asbestos inspector to survey the building.
- If asbestos is found, have a licensed abatement contractor remove it, with the 10-day state notice where required.
- Give the survey (and the abatement paperwork) to your local building department with the demolition permit application.
- Arrange utility disconnections and call UDig NY (811) before any digging or demolition starts.
- Demolish, haul and clear the site.
Our Westchester house demolition checklist covers the permit, utility and 811 steps in detail.
How Demolition Experts NY handles it
We plan the survey and abatement into the schedule from the first site visit, so the permit is not held up waiting for paperwork. If you are planning a house or garage demolition anywhere in Westchester, Putnam, Dutchess or Fairfield County, request a free estimate or call 914-737-0823.
Sources
- NYS Department of Labor, New York State Asbestos Survey Requirements (form P232, revised January 2026).
- NYS Department of Labor, Asbestos Survey Requirements for Building Permit Applicants (form P231, revised January 2026).
- NYS Department of Labor, Asbestos Project Notification, form SH 483 (revised December 2025).
- U.S. EPA, Does the RRP Rule apply to demolishing structures?
- Town of Greenburgh, Demolition Permit Application.
- U.S. Census Bureau, American Community Survey 2020-2024 5-year estimates, table B25034 (Year Structure Built) and B25035 (Median Year Structure Built), via Census Reporter.
Cite this page: “Do You Need an Asbestos Survey Before Demolition in New York?”, Demolition Experts NY, October 2026. This page explains the rules in plain English and is not legal advice; check current requirements with your local building department.
Frequently asked questions
Do I need an asbestos survey to demolish a house in New York?
Yes. The NYS Department of Labor states that surveys are required for all demolitions regardless of construction date, and the survey must be done by a certified New York State asbestos inspector.
Is a house built after 1974 exempt from the asbestos survey?
Only on paper. Buildings built on or after January 1, 1974 must be assumed to contain asbestos and demolished as an asbestos project unless they are surveyed, so in practice every building is surveyed.
Who gets a copy of the asbestos survey?
The town or city that issues the demolition permit, and the local Asbestos Control Bureau district office of the NYS Department of Labor.
Does the homeowner exemption apply to demolition?
No. A building slated for demolition is not considered occupied, so it is not eligible for the homeowner exemption.
How much notice is needed before asbestos removal?
For projects involving more than 260 linear feet or 160 square feet of asbestos material, the state must be notified at least 10 calendar days before the project starts.
What share of Westchester homes were built before 1980?
76.0% of Westchester County housing units were built before 1980, according to the U.S. Census Bureau’s American Community Survey 2020-2024, compared with 49.7% nationally.
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