"A Borough Official will inspect every property, on change of use or occupancy no sooner than thirty (30) days prior to change of ownership or occupancy." That sentence opens the Borough of Phoenixville's Property Transfer Permit Checklist, and its timing explains a lot about how the inspection plays out.
By the time the inspector arrives, the house is usually under contract. The price is agreed, the buyer's own inspection is done, and settlement is a few weeks away. Whatever the borough finds then lands on a deal that is already moving. Pennsylvania law keeps most of those findings from stopping the sale. What the findings do decide is who fixes what, and by when.
A permit the house needs before anyone moves in
Phoenixville's housing ordinance requires a Property Transfer Permit, or PTP, before any real property in the borough changes hands. Under Chapter 11 of the borough code, it is unlawful to use or occupy the structure until the Code Enforcement Department issues one. The inspection checks the property against the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code and the borough's zoning ordinance. It covers the yard and improvements as well as the building.
After the last inspection, the Code Official has five days to issue the permit or give the applicant a written list of deficiencies. The PTP application can be filed by the buyer, the seller, an agent, a title company or an executor. The borough will not process it without the buyer's phone number and email.
The calendar the borough sets
Put the borough's rules on a settlement timeline and the late steps cluster together:
| Step | Borough rule | Source |
|---|---|---|
| PTP inspection | No sooner than 30 days before the change of ownership or occupancy | PTP Checklist, revised 10/2025 |
| Permit or deficiency list | Within 5 days of the last inspection | Chapter 11, §11-501 |
| Municipal Services Certificate application | At least 7 days before settlement | PTP application |
| Occupancy | Only after the PTP is issued | PTP application |
The fee covers up to two inspections. A third or later visit adds a reinspection fee. A house that fails once can be corrected and passed on the second visit at no extra cost. A house that fails twice is paying more and losing days inside a window that was short to begin with.
Thirty-two items, and why the small ones matter
The checklist, last revised in October 2025, lists 32 items. It also notes that inspectors may identify more on site. Few of the items involve major construction. Most are small fixes that can be checked with a flashlight and a tape measure. That makes them easy to handle before listing, and annoying to discover in the last weeks before settlement.
Some items on the list a seller can confirm in an afternoon:
- Smoke detectors on every level, including the basement, and in every bedroom. None may be more than 10 years past its manufacture date.
- Carbon monoxide detectors outside each separate sleeping area. If a fuel-burning appliance sits in a bedroom or its attached bathroom, a detector goes in that bedroom too. Combination units are acceptable.
- No double-cylinder deadbolts. Egress doors must open from the inside without a key, and deadbolts need a thumb latch.
- Sash locks on operable windows that sit wholly or partly within six feet of the ground or a walking surface.
- A blow-off tube on the water heater or boiler that reaches within six inches of the floor, and a gas shutoff valve within five feet of each gas appliance.
- GFCI outlets outdoors and within six feet of a water source.
- House numbers visible from the street, at least four inches tall and half an inch wide, in a contrasting color.
Other items take longer to fix. The electrical panel needs a third-party electrical underwriter's final-inspection approval sticker. There can be no exposed wiring and no splices outside a covered junction box. Sump pumps and roof drains may not connect to the sanitary sewer, and downspouts may not discharge across a public sidewalk. Peeling paint, loose plaster and decayed wood must be corrected. Item 31 calls for fire-resistant material between habitable and uninhabitable levels. Its wording is specific: "Where applicable, the underside of the stairwell leading from the first habitable floor to the second, must have fire-resistance materials covering it." It lists original plaster and lath, or two layers of 5/8-inch drywall, as acceptable finishes.
Two items that go beyond the house
Two items reach past the walls of the house, and both create a cost for the seller.
The first is trash and recycling. The borough-issued toters must be present, in good condition and left for the new owner. The inspector records their serial numbers and may require the seller to buy a replacement. The 2026 fee schedule lists a set of toters at $10.
The second is the pavement. The checklist requires curbs, sidewalks, walkways and driveways to be free of missing sections and tripping hazards. Under the borough's sidewalk ordinance, the property owner is responsible for the curb and sidewalk along any borough street or alley the lot touches. After written notice, the owner gets at least 30 days to make repairs. If the work isn't done, the borough can do it and recover the cost plus 10 percent through a municipal lien. For a corner lot or a rowhome with an alley behind it, that can mean more than one stretch of sidewalk.
What a failed inspection actually triggers
The borough's ordinance says the PTP is issued under the guidelines of Pennsylvania's Municipal Code and Ordinance Compliance Act, Act 99 of 2000. That law turns most failed inspections into a repair schedule. Under the Act's text, as last amended on October 2, 2024, a municipality that requires a use and occupancy certificate must issue one of three outcomes:
- No violations: a standard certificate.
- Violations, but none "substantial": a temporary use and occupancy certificate. The buyer can move in and live in the home while correcting the violations.
- At least one substantial violation: the inspection report must list it, and the municipality issues a temporary access certificate. The buyer can enter to make repairs and store related belongings. No new occupant may move in until the substantial violations are corrected.
The Act defines a substantial violation as one that makes the building "unfit for human habitation." Its examples include a significant increase in fire or accident hazards, inadequate sanitary facilities, vermin infestation, and disrepair severe enough that rehabilitation would cost more than half the agreed purchase price. An expired smoke detector or a missing sash lock is a long way from that standard.
Two more provisions shape the negotiation. A municipality may not require an escrow, a bond or any similar financial security as a condition of issuing a certificate. And a buyer who purchases a property known to have violations has 12 months from the purchase date to either bring it into compliance or demolish the building in accordance with law. The municipality may negotiate a longer period at the owner's request, but it cannot shorten the 12 months.
So when a deficiency list arrives a week before settlement, the deal usually doesn't fall apart. The seller and buyer have to settle whether the seller fixes the items before closing or the buyer takes them on under a temporary certificate, and whether the price or a credit changes to reflect that. With no municipal escrow involved, that split is worked out between the two parties. An item a seller could have fixed in March for the price of a smoke detector can become a negotiating point in November, worth whatever it takes to keep the closing date.
The Act also largely exempts banks, credit unions, mortgage lenders and similar institutions that take title to a property to offset losses on a defaulted loan. A municipality may still require those institutions to correct substantial violations.
What it costs in 2026
The borough's Master Schedule of Fees, effective January 1, 2026, sets these charges:
| Item | 2026 fee |
|---|---|
| Residential PTP, one- and two-family homes, includes 2 inspections | $125 |
| Each additional PTP inspection | $50 |
| Municipal Services Certification: water, sewer, trash | $75 |
| Financing/Conveyancing Zoning Verification Request | $500 |
The borough's fees are small. The bigger cost depends on the repair list and how close to settlement it arrives.
FAQ
Does the inspection change if the buyer plans to rent the home? The PTP application asks whether the home is a rental now and whether the buyer will live in it. If the home will be rented after the transfer, a separate rental registration is required. The checklist adds one rental-specific item: a mounted five-pound ABC fire extinguisher in each kitchen.
What if someone moves in before the permit is issued? The checklist states that occupying a property without a valid PTP violates Borough Ordinance No. 2021-2329 and that the borough may pursue the legal remedies in that ordinance.
Does the satellite dish have to come down? Yes. The checklist requires dish antennae to be removed before a sale or a new lease.
Can a seller appeal a finding? The housing chapter allows anyone aggrieved by a Code Official's decision to appeal to the Board of Appeals, and it sets a 10-day window after notice that matters for appeals. The details belong with a real estate attorney.
This post is general information about borough and state rules, not legal advice. Every transfer has its own facts, so confirm your situation with the borough's Code Enforcement Department and a real estate attorney.
If you're thinking about selling in Phoenixville, we can go through the borough's checklist room by room before you list, so the repair list is settled before the price is. Jennifer Daywalt can help you plan the fixes, the timing and the paperwork well ahead of the inspection. Let's Connect.
