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In February, I received a call from a Realtor® handling a home sale in a Delaware County municipality. With the closing only 2 weeks away, the code inspector in the borough was withholding a use and occupancy (U&O) permit until the seller completed a list of repairs to the home. These repairs included a cracked sidewalk, missing handrails, and window maintenance.
The borough’s decision to withhold a U&O permit might have been hard to challenge in 2016. In 2017, circumstances have changed for the better. Thanks to state legislation approved last year and implemented on Jan. 2, municipalities must now issue a permit allowing sales to move forward, regardless of the outcome of completed code inspections.
With the new law in hand, I contacted the township’s solicitor and explained the amendments that had taken place. To his credit, the solicitor listened carefully, reviewed the changes, and directed the borough to issue the permit. The sale went through on schedule. A happy ending!
Unfortunately, not every municipality is so willing to bring their inspection practices into compliance with the new state law, officially titled Act 133 of 2016. That’s where our services can make a difference for you and your clients. We’re here to help you understand the new law, take full advantage of it, and assist you when municipalities try to ignore it.
What Act 133 means to your clients:
Call the Suburban Realtors® Alliance if:
Nearly every day, the Alliance staff hears from Realtors® experiencing one of the problems above, so we have experience resolving them. We always recommend that agents schedule inspections at least 30 days before the scheduled closing, to allow sufficient time to work through any code-related issues.
Please note that not all municipalities require point of sale inspections for U&O permits, but many in southeastern PA do.
You can read more about Act 133 in the Issue Briefs section of our website, www.suburbanrealtorsalliance.com. To learn more about the various code inspections required in our four-county territory – including Chester, Delaware, Montgomery and Bucks – you can check out the SRA’s comprehensive Municipal Database at: http://www.suburbanrealtorsalliance.com/municipal-database/
(Photo: Governor Tom Wolf signs Act 133 of 2016, joined by Realtors® and legislators.)