Use & Occupancy
Upper Darby Township requires a Use & Occupancy (U&O) Permit for all property transfers and changes in use or occupancy.
The U&O process ensures that properties meet applicable safety, zoning, and property maintenance standards prior to transfer or occupancy. This process protects property owners, buyers, tenants, and the public by verifying that properties are safe and compliant.
When a U&O Permit is Required
A Use & Occupancy (U&O) Permit is required under the following circumstances:
- Property sales and transfers
- Change in occupancy (including owner-occupied to rental, rental to owner-occupied, or changes in business/commercial tenant occupancy)
- Change in use of a property, including any change in how a building or space is utilized or classified under applicable codes and zoning regulations
- Change in use or occupancy of a commercial space, including modifications to the type of business or activity being conducted
A U&O Permit must be obtained prior to settlement, transfer, or occupancy.
Application Requirements
Applications will only be accepted for processing when all required items have been submitted and approved, where applicable.
Required at Time of Submission
- Use & Occupancy Application (completed in full)
- Zoning Compliance Permit Application (Approved) – required for all non-single-family properties
For all non-single-family properties, the U&O application will not be accepted unless a fully approved Zoning Compliance Permit is submitted with the application.
Submission of a zoning application without approval does not satisfy this requirement.
Incomplete, illegible, or missing documentation will result in the application being returned to the applicant.
Supporting Documentation (As Applicable)
The following documents must be submitted when applicable:
- Sewer Lateral Certification
- Must be completed by a licensed and approved Upper Darby contractor
- Rental License Application
- Required for all non-owner-occupied properties
- Fire Escape Certification
- Required for properties with fire escapes
- Must be completed by a licensed design professional
- Fire Department Occupancy Information Sheet
- Required for commercial properties and properties with three (3) or more dwelling units
- Business Privilege / Mercantile License
- Required for applicable rental and commercial properties
Failure to provide required documentation will delay processing.
Inspection Process
Scheduling the Inspection
- Applications must be submitted at least 14 business days prior to settlement
- Due to high demand, submission 4 weeks in advance is strongly recommended
- Once the application is filed, an inspector will contact the applicant to schedule an inspection
During the Inspection
- Inspections are visual and non-invasive
- The property is evaluated for compliance with:
- Property Maintenance Code
- Township ordinances
- Applicable life/safety requirements
Inspection Results and Certificates
Following inspection, one of the following will be issued:
Final Use & Occupancy Certificate
- Issued when the property is fully compliant
- Property may be legally occupied
Temporary Use & Occupancy Certificate
- Issued when minor (non-substantial) violations exist
- Occupancy is permitted while violations are corrected
- Buyer must correct all violations within one (1) year of purchase
Temporary Access Certificate
- Issued when substantial violations are present
- Existing occupants may remain — no new occupants are permitted to occupy the property
- All life/safety violations must be corrected immediately to ensure safe occupancy
Substantial Violations (Major Life/Safety Violations)
Substantial violations are conditions that pose significant risks to occupants or surrounding properties and must be corrected immediately.
These include, but are not limited to:
- Smoke Detector Violations
- Non-functioning, missing, or improperly installed smoke detectors
- Carbon Monoxide Detector Violations
- Non-functioning, missing, or improperly installed carbon monoxide detectors
- Fire Extinguisher Violations
- Missing, non-functional, or improperly installed fire extinguishers where required
- Failure to Submit Sewer Lateral Certification
- A valid sewer lateral certification must be submitted prior to issuance of a Temporary Access Certificate
- Failure to Submit Fire Escape Certification
- A valid fire escape certification must be submitted where required
- Structural Hazards
- Conditions affecting structural integrity, including unsafe walls, floors, ceilings, foundations, or roofs
- Electrical Hazards
- Exposed, damaged, or unsafe electrical systems posing risk of fire, shock, or electrocution
- Utilities Not Functioning
- Lack of operational electric, water, gas, or other required utilities
- Sanitation Facilities Not Functioning
- Inoperable kitchens or bathrooms, including plumbing fixtures such as sinks, toilets, or showers
- Other Life/Safety Hazards
- Any condition determined by the Code Official to pose a risk to health, safety, or welfare
Important
- All substantial violations must be corrected immediately
- The Code Official has the authority to determine habitability and whether occupancy is permitted
Responsibilities of Sellers and Buyers
- The seller is responsible for obtaining the U&O Certificate
- A valid sewer lateral certification must be provided prior to issuance
- If the buyer assumes responsibility for repairs, a notarized Letter of Intent must be submitted
If the buyer listed on the application changes, a new application must be submitted, and additional fees and inspections will apply.
If a property is no longer being transferred, the property owner/seller is responsible for correcting all violations identified in the inspection report in a timely manner.
All life/safety violations must be corrected immediately.
Permit and Compliance Requirements
All required permits must be obtained for any work performed to correct violations.
- Work must be properly permitted
- Inspections must be completed and approved
- All violations must be addressed in accordance with Township requirements
Certificates will only be issued based on verified compliance.
Important Reminders
- A U&O Permit is required prior to transfer or occupancy
- Submission of an application or payment does not constitute approval or issuance
- A receipt or proof of payment is not a certificate
- Occupancy may not occur until a valid U&O Certificate has been issued
- Temporary Access Certificates do not permit new occupancy
- Only a Final or Temporary Use & Occupancy Certificate permits lawful occupancy
- Applications must be complete to be processed
- Inspections must be scheduled in advance
- All required permits and inspections must be completed
- Failure to comply may delay settlement or occupancy and may result in enforcement action
The Township does not participate in or enforce private agreements related to property transactions, including sales contracts, escrow arrangements between parties, repair negotiations, or settlement conditions. The Township’s role is limited to enforcing applicable codes and determining compliance for issuance of the appropriate certificate.
Forms and Resources
The following forms and resources are commonly required:
- Use & Occupancy Application
- Sewer Lateral Certification
- Fire Escape Certification Form
- Rental License Application
- Fire Department Occupancy Information Sheet
- PA UCC Guide
- Business Privilege License Application
A detailed Use & Occupancy Inspection Checklist is available on the Township website and should be reviewed prior to scheduling an inspection to ensure compliance with all applicable requirements.
Additional resources:
Fees and Payment
U&O application fees are established in accordance with the Township Fee Schedule.
Payments may be made:
- Online via L&I Code Pay
- By check or money order
Cash is not accepted.
Fees are subject to change. Please contact the Township to verify the most current fee schedule.
Contact the Use & Occupancy Division
For questions regarding Use & Occupancy permits, please contact the Use & Occupancy Division.
Email: UO@UpperDarby.org
Phone: 610-734-7613
Residents may also submit inquiries or report concerns through the Township One Center.
To submit a concern, email One@UpperDarby.org or call the One Center Request Line at 610-734-7625.
