Selling a house with code violations in Philadelphia and other Pennsylvania towns
Short answer
Yes, you can sell a house in Philadelphia with open code violations. The City's Property Sales Certification, which the seller must give the buyer, discloses uncorrected housing, building, safety and fire violations, so the buyer will know about them and usually prices the repairs into the offer. In suburban towns that require a resale use and occupancy (U&O) certificate, state law lets the buyer take a temporary certificate and fix the violations after closing.
How to look up open L&I violations
Philadelphia's Department of Licenses and Inspections (L&I) issues violation notices for code problems found on inspection or after a 311 complaint. To see what's open on a property:
- Search Atlas. Atlas is the City's map-based lookup. Search by address to see licenses, permits, violations, zoning history and assessments, plus deeds and recent 311 complaints (City of Philadelphia).
- Read the notice itself. A Notice of Violation lists what's wrong and when it must be corrected. L&I says owners may have up to 35 days to correct violations, after which it may take legal action (Code enforcement).
- Check fees and court cases. Fees on a standard violation accrue until it's resolved, and unpaid violations can be sent to Municipal Court, the Court of Common Pleas or a collection agency (Violation and order types).
Order a Property Sales Certification early. It's the official list a buyer will see, and processing takes five business days (Get a Property Sales Certification).
Can you sell with open violations?
Yes. The City's own sale process assumes it: the Property Sales Certification exists to tell the buyer about uncorrected violations. What changes is who deals with them and what they cost:
| Option | What happens | Good fit when |
|---|---|---|
| Fix, then sell | You pull permits, make the repairs, schedule a reinspection and get the case closed before listing | Violations are minor and you have time and cash for permits and contractors |
| Sell with violations disclosed | The certification and disclosure statement list the violations; the buyer prices in the repairs | Repairs are larger, the house is vacant or inherited, or you need to sell soon |
| Suburban temporary U&O | The town issues a temporary U&O; the buyer has 12 months to correct (MCOCA) | The town requires a resale U&O and the buyer agrees to take on the work |
| Appeal first | File with the Board of License and Inspections Review, within 30 days of the notice (six days for unsafe or imminently dangerous conditions) | You believe the violation was issued in error |
Two practical points. Fees on an open violation keep accruing until it's resolved, so ask the title company to check for unpaid City fees and liens early, and settle in the agreement who pays them. And if the house is a rental, open violations block a new Certificate of Rental Suitability, except those pending appeal (City of Philadelphia), which matters to an investor buyer.
Use and occupancy certificates in PA suburbs and the MCOCA temporary certificate
Some Pennsylvania townships and boroughs require a resale inspection and a U&O certificate before a house changes hands. The Municipal Code and Ordinance Compliance Act (Act 99 of 2000, amended in 2016 and 2024) sets the ground rules when a town requires one:
- No violations: the town issues a regular U&O (§ 2.1(a)(1)).
- Violations, but none "substantial": the town must issue a temporary use and occupancy certificate, which lets the buyer move in or use the property while correcting the violations (§ 2.1(a)(2)).
- At least one substantial violation (one that makes the building unfit for human habitation): the town issues a temporary access certificate. The buyer can enter to make repairs, but no new occupant may move in until the substantial violations are fixed. Existing tenants may be allowed to stay at code enforcement's discretion (§ 2, § 2.1(a)(3)).
- No escrow or bond: a town may not require escrowed funds or a bond as a condition of issuing a certificate, though it can require permits before work starts (§ 2.1(b)-(c)).
- 12 months to comply: the buyer must bring the property into compliance or demolish within 12 months of the date of purchase; the town may negotiate more time but can't shorten it. Missing the deadline can mean revocation of the temporary certificate and a fine of $1,000 to $10,000 (§ 3).
Local practice varies a lot. Some towns don't require a U&O for single-family resales at all, and others have their own forms for a buyer to accept the repairs. Our pages for Montgomery County, Delaware County and Chester County summarize what several towns there require, and the township or borough code office has the final word.
Disclosure duties
Pennsylvania's Real Estate Seller Disclosure Law requires a seller to disclose known material defects by completing a property disclosure statement and delivering a signed copy before the agreement of sale is signed (68 Pa.C.S. § 7303). The form covers structural problems, roof, plumbing, electrical and "legal issues affecting title or that would interfere with use and enjoyment of the property," among other subjects (§ 7304(b)).
You don't have to investigate to fill it out, but you can't make statements you know are false or fail to disclose a known material defect (§ 7308). Open violation notices are known problems, so list them. Transfers by an executor or administrator in the course of settling an estate are exempt from this chapter (§ 7302(a)(1)), so ask the estate's attorney what to disclose.
Selling as-is to a buyer who takes on the violations
For a house with a stack of notices, a cash sale to an investor is often the simplest route. The buyer reviews the Property Sales Certification and the violation history, prices in the work, and takes responsibility for permits and repairs after closing. You skip contractor bids, permit applications and reinspections. Make sure the agreement says plainly that the buyer is accepting the listed violations, and keep copies of the certification and disclosure you delivered. If you're weighing that against listing, our Philadelphia page explains how our offers work, and the Pennsylvania page covers the rest of the state.
Frequently asked questions
Can I sell my Philadelphia house if it has open L&I violations?
Yes. Open violations don't block a sale, but they appear on the Property Sales Certification the seller must give the buyer and should be listed on your disclosure statement. The buyer will usually price the repairs into the offer.
How do I find out if my house has code violations in Philadelphia?
Search the address on Atlas (atlas.phila.gov) or the L&I property history lookup. Both show licenses, permits and violations. The Property Sales Certification also lists uncorrected violations.
What is a temporary U&O in Pennsylvania?
Under the Municipal Code and Ordinance Compliance Act, if a resale inspection finds violations but none that make the house unfit to live in, the town must issue a temporary use and occupancy certificate. The buyer can move in and has 12 months from the purchase date to fix the violations.
Can a township make me put money in escrow before closing?
Not as a condition of issuing a certificate under MCOCA. Section 2.1(b) says a municipality may not require escrowed funds, a bond or similar security to issue a certificate, though it can require permits before work starts.
Do I have to disclose code violations when selling as-is?
Pennsylvania sellers must disclose known material defects on the property disclosure statement (68 Pa.C.S. § 7303) and may not fail to disclose a known material defect (§ 7308). Selling as-is doesn't remove that duty. Transfers by an executor or administrator settling an estate are exempt from the disclosure chapter (§ 7302(a)(1)).
Who pays the violation fees when I sell?
Fees on an open L&I violation keep accruing until it's resolved, and unpaid violations can be sent to court or a collection agency. Agree in writing who pays them, ask the title company to check for City liens before closing, and reflect the cost of the repairs in the price.
Sources
- City of Philadelphia: Get a Property Sales Certification, Search for property history and business license information, Get a Certificate of Rental Suitability, Atlas
- Philadelphia Department of Licenses and Inspections: Code enforcement and Violation and order types
- Pennsylvania General Assembly, Municipal Code and Ordinance Compliance Act, Act 99 of 2000, as amended by Act 133 of 2016 and Act 93 of 2024
- Pennsylvania General Assembly, Real Estate Seller Disclosure Law: 68 Pa.C.S. § 7302, § 7303, § 7304, § 7308
This is general information, not legal or tax advice. Code enforcement, fees and resale requirements change and vary by municipality. Confirm current requirements with L&I or your township or borough code office, and talk to a Pennsylvania real estate attorney before you sign an agreement of sale.