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Act 133 states that a municipality may not withhold a use and occupancy certificate based on code violations found in a point of sale inspection.
Act 133 of 2016 is a Pennsylvania law signed by Gov. Tom Wolf that changed the way local governments issue occupancy permits to homeowners.
The act amended the Municipal Code & Ordinance Compliance Act, which was passed in 2000.
Why is Act 133 important for Realtors®?
About half of the townships and boroughs in the Philadelphia suburbs require a municipal code inspection before a home can be sold.
Before Act 133 took effect (on Jan. 2, 2017), municipal inspectors often refused to issue use and occupancy permits because of issues cited during point of sale inspections. This often led to settlements being delayed or canceled because sellers were unable to afford the repairs or complete them by the settlement date.
Now, under Act 133, municipalities must give the homeowner 12 months to resolve any violations found during the inspection, which allows the buyer and seller to negotiate who will perform and pay for the work.
The legislation states the following:
Issue Brief: Act 133
Blog post: What You Should Know About Act 133
PA General Assembly: Act 133 of 2016
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