This page contains some frequently asked questions about construction on property adjacent to yours.
Permits
What type of work doesn’t require a building permit?
- Installing new cabinetry
- Painting
- Installation of new flooring
- Masonry pointing
- Erection of certain fences and sheds
How do I check that a permit was issued?
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The applicable permits are not posted on the job site or listed on Atlas.
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The permit has expired.
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The contractor is exceeding the approved scope of work.
Construction damage and property rights
Construction and/or demolition work is occurring next to my property OR I believe that a building permit application has been submitted. Is the owner required to share permit information with me under the new Protection of Property laws?
It depends on when the permit application was filed and the type of work being performed.
The notice requirements apply to permit applications submitted to L&I on or after January 1, 2023.
Notice is required to be provided to you if:
- Work includes an excavation more than 5 ft. below grade and is within 10 ft. of your building.
- You share a party wall with the adjoining building and work includes complete demolition or other structural alteration that directly impacts that wall.
- Your property is on the Philadelphia Historic Registry and your building is within 90 ft. of excavation, new construction, or demolition on the adjacent lot.
- Work includes modification to a common building component, such as a shared porch, balcony, or facade.
If you are entitled to information that has not been provided to you or another representative of the owner, you can contact the permit applicant to require that information be sent to you. If you received a notice of potential impact from the City, the phone number for the permit applicant will be listed on the notice.
If you’ve already contacted the permit applicant and have not received a response after 10 days, or you cannot locate their information, you can contact L&I for assistance with any next steps.
What is the obligation of the builder if construction impacts my chimney?
If the construction next door requires the extension of your chimney, the builder must ask for your permission to extend the chimney under the new Protection of Property laws. The builder must also apply for a separate permit from L&I for the extension. If you refuse or fail to respond to the offer, you’ll be responsible for any corrections necessary for the safe operation of equipment.
If the permit application for the building extension was filed on or after January 1, 2024, the builder must comply with new notification requirements. This includes providing you with the new Notice of Required Chimney / Vent Modification form at least 60 days prior to the start of work.
If the application was filed before January 1, 2024, the builder is still required to make a reasonable attempt to extend the chimney. However, they are not required to provide you with the new Notice of Required Chimney / Vent Modification form.
How do I obtain the contractor’s insurance information?
All licensed contractors in the City of Philadelphia must maintain the minimum levels of insurance. This insurance should cover any damage that occurs during construction.
For building applications filed on or after January 1, 2023, the owner or developer is required to provide the owners of adjacent properties with a copy of the contractor’s Certificate of Insurance for general liability and contact information prior to start of work.
If you did not receive a copy of the contractor’s insurance, you should contact the contractor directly. Their name is on the permit and their name and contact information should also be on the work site signage.
The contractor wants to access my property. Should I let them?
How do I protect my property from being damaged during construction or demolition?
The contractor working on a property must protect the structure from the weather and maintain the structural integrity of the adjoining property. They must provide all necessary shoring, temporary supports, and security provisions to protect the adjoining property and occupants from harm arising from the proposed work. If you can, talk to your neighbor and the contractor about how they are planning to protect your property.
For building applications filed on or after January 1, 2023, the contractor is required to provide details regarding how they plan to protect your property prior to the start of work.
Most work requires permits and those must be posted where the public can see them. If no permits are posted, or if work is being done that does not appear to match the description on the permit, you can call 311.
The contractor damaged my property. What do I do now?
If a construction project causes damage, notify the property owner or contractor.
For building permit applications filed on or after January 1, 2023, the owner or developer is required to provide the owner of adjacent properties with a copy of the contractor’s Certificate of Insurance for general liability. It may be necessary to work with the contractor’s insurance to have the damage repaired. Therefore, if you did not receive a copy of the contractor’s insurance, you should contact the contractor directly to get the insurance information. You may need to get private legal representation.
You can call 311. If the L&I inspector finds violations of the Philadelphia building codes, they may issue notices of violation or conduct further investigation of the contractor. If the contractor’s conduct was an egregious violation of the building codes, L&I may take action to suspend or revoke the contractor’s license.
In extreme circumstances, refer the situation to the District Attorney’s Office. City government, including L&I, cannot represent you in a dispute with the property owner or contractor nor reimburse you for repairs.
My property was damaged by a contractor performing a demolition contracted by the City. What do I do?
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Call L&I’s Emergency Response Unit, which oversees demolitions, at (215) 686-2583 or (215) 685-3055.
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File a claim against the City by submitting a claim form to the Office of Risk Management. You can call the Office of Risk Management at (215) 683-1713.
What is a party wall and does my neighbor need my permission to work on the shared party wall?
I see a contractor carrying buckets of soil out of a basement. What are they doing, and is it legal?
A contractor may be attempting to increase the height of the basement by digging out the basement floor. A building permit is required for any excavation work in the basement of an existing building.
If this work is not described on the permit or no permit has been obtained, you should report it immediately. If the activity is observed on a weekday, call 311 to generate a service call. Call (215) 686-8686 if you are outside Philadelphia. If the activity is observed on a weekend, call 911.
The contractor says he needs to underpin the party wall. What is underpinning and should I be concerned?
What happens to party walls after demolition?
A party wall is any wall located on a lot line between adjacent buildings which are used for joint service between the two buildings. When a building is demolished, the party wall is typically left behind to provide support for the remaining building.
Once the building is demolished, the contractor must close any openings in the party wall with like materials and cover the wall with an appropriate covering, like stucco. Additionally, the exterior of foundation walls that enclose the interior space of a structure adjoining a structure that has been demolished shall be damp-proofed prior to filling in what had been the basement.
Miscellaneous
During what hours is construction permitted?
Construction noise affecting residences should not be louder than five decibels above the background sound level from 8 p.m. to 7 a.m. on weekdays, and 8 p.m. to 8 a.m. on weekends, unless there is an emergency or public works construction. You can report noise pollution from commercial and industrial sources by calling the Air Management Services complaint line at (215) 685-7580. You can also email Air Management Services at dphams_service_requests@phila.gov.
Is the contractor allowed to close the sidewalk?
Contractors must protect pedestrians during construction. Depending on the work being done, contractors may be allowed to close part or all of the sidewalk or street. Contractors must get a partial sidewalk, full sidewalk, or street closure permit from the Philadelphia Department of Streets’ Right-of-Way unit and post the permit. You can confirm whether a sidewalk or street closure has been authorized by checking this map: Street and Sidewalk Closure Permits.
The contractor is using water from the fire hydrant. Is that legal?
It is illegal for contractors to operate a fire hydrant without a hydrant permit from the Philadelphia Water Department. The contractor must register for a Hydrant Permit with the PWD Load Control unit located at the Municipal Services Building, concourse level. To report the illegal use of fire hydrants, contact 311 to generate a service call. Call (215) 686-8686 if you are outside Philadelphia.
A contractor is dumping soil and debris on a vacant lot. What should I do?
Trash and construction debris must not be dumped on a vacant lot. You can report illegal dumping by calling 311. Call (215) 686-8686 if you are outside Philadelphia.
What is the contractor required to do about dust in the air?
Contractors are required to control excessive dust during construction activities so that no visible dust passes beyond the property line of the property where the worksite is located. Contractors can control excessive dust by wetting down dirt so that it doesn’t emit dust and attaching dust control fabric to worksite fencing.
You can report air and noise pollution from commercial and industrial sources by calling the Air Management Services complaint line at (215) 685-7580. You can also email Air Management Services at dphams_service_requests@phila.gov.