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Upper Darby, PA Building Safety: Building Inspections (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Upper Darby Code § 454-17
No violations
Full certificate of occupancy issued
Minor violation
Temporary use and occupancy certificate
Substantial violation
Temporary access certificate, no occupancy
Correction deadline
12 months from date of purchase
Reinspection
Required at end of correction period, § 454-18

Summary

Before any property in Upper Darby changes hands, it must pass a municipal inspection, and the outcome sets which certificate the buyer gets: a full use and occupancy certificate for no violations, a temporary certificate for minor violations, or a temporary access certificate that bars occupancy where a substantial violation is found.

§ 454-17. Use and occupancy permit. The Township representative shall issue a certificate of occupancy in the following manner:

A. As soon as practicable if the municipal inspection reveals no violations.

B. If the municipal inspection reveals at least one violation but no substantial violations, the municipality shall issue a temporary use and occupancy certificate.

C. If the municipal inspection reveals at least one substantial violation, the municipality shall specifically note those items on the inspection report and shall issue a temporary access certificate.

D. Within 12 months of the date of purchase, the purchaser of a property known to be in violation of a municipal code or ordinance shall, at his option, either: (1) Bring the property into compliance with municipal codes or ordinances; or (2) Demolish the building or structure in accordance with law.

Full Breakdown

Upper Darby Code § 454-17, Use and occupancy permit, part of the Sewer Lateral Inspections article adopted by Ordinance No. 3070, lays out the Township's staged inspection process tied to property transfer. If the municipal inspection reveals no violations, the Township representative issues a certificate of occupancy as soon as practicable. If it reveals at least one violation but nothing substantial, the Township issues a temporary use and occupancy certificate, which under the chapter's definitions authorizes the purchaser to fully use or reside in the property while correcting the cited items.

If the inspection instead reveals a substantial violation, defined as one making the structure unfit for human habitation, the Township issues a temporary access certificate instead: the purchaser may enter to store belongings and make repairs, but no one may occupy the property while that certificate is in force. Section 454-17D gives the purchaser 12 months from the date of purchase to either bring the property into compliance or demolish it, and the Township may negotiate a longer repair period at the owner's request. Section 454-18 governs reinspection: at the end of the correction period, or sooner on the owner's request, the Township reinspects, upgrading a temporary access certificate to a temporary use and occupancy certificate once substantial violations are cured, and issuing a full certificate once every cited item is corrected.

Violations & Fines

Under § 454-19, failure to comply with the sewer lateral inspection requirement of § 454-15 results in revocation of the temporary certificate, after which the Township representative may impose fines consistent with failing to obtain a use and occupancy permit, as set by other Township ordinances and Commonwealth law.

Frequently Asked Questions

What happens if a property inspection in Upper Darby finds a serious problem?
If the inspection reveals a substantial violation, one that makes the structure unfit for human habitation, the Township issues a temporary access certificate under § 454-17C instead of a full certificate of occupancy, and no one may live in the property until that violation is corrected.
How long do I have to fix violations found before a sale closes in Upper Darby?
Section 454-17D gives the purchaser 12 months from the date of purchase to bring the property into compliance or demolish it, though the Township may agree to a longer period at the owner's request.
Does the Township reinspect after I fix the violations?
Yes. Section 454-18 requires the Township to reinspect at the end of the correction period, or earlier if the owner asks, and it upgrades or issues the appropriate certificate once the cited violations are confirmed corrected.

Sources & Official References

Other rules in Upper Darby

All Upper Darby rules

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