Originally Posted by
Joda
Tony is correct, except that the original paperwork is never destroyed. That airworthiness and registration file for the original airplane still exists in the FAA archives. So, if someone is able to prove that they have all the parts of this original airplane, AND they can get a bill of sale from the last registered owner so they can transfer the registration, they could in fact resurrect the original airplane under its original certification basis. An airplane could be destroyed and/or parted out, and could subsequently be repaired and reassembled. The key though, is getting that signed bill of sale from the last registered owner. If that can't be done, then resurrecting the original airplane is a non-starter.
So the other option is to use various parts from the original airplane to incorporate into a new airplane, this can be done, but since you won't have any construction records for these components, you will not be able to prove that amateur builders constructed them. Thus, no credit toward the major portion (aka "51%"). This would be no different than buying these components from a kit manufacturer. You would need to come up with enough new, documented construction to make up your major portion without counting the components salvaged from the preexisting aircraft.
So, for example, if you used the fuselage from this preexisting aircraft, you would need to make up your major portion through construction of the wings, tail, landing gear, etc. Or, if you use the wings, you'd have to build fuselage, tail, etc. in order to come up with you major portion.
The other option would be to certificate the new airplane as experimental exhibition. Then there is no major portion to worry about, and it doesn't matter who built what. Yes, there are a few more restrictions on operating the aircraft, but it's better than being stuck with a pile of parts.
While that is technically true, I have never heard of the FAA taking action against anyone in this circumstance. I know of several airplanes that have been "destroyed" and then later resurrected with no problem.