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The Commonwealth of Pennsylvania has recently approved an
important amendment to the Permit Extension Act of 2010 that will
extend the life of development related permits and approvals for an
additional three years.
Act 87 of 2012 was enacted by the Pennsylvania Legislature on
June 3rd and signed into law by Governor Corbett on July 2nd. Act
87 was actually a finance bill, but it also contained an important
amendment to Act 46 of 2010. Act 46 provided that certain real
estate development related permits, approvals and authorizations,
including building and other construction permits that were set to
expire after December 31, 2008, would remain valid until July 2,
2013. The extension contained in Act 87 tolls the expiration date
of any approvals set to expire from July 2, 2013 to July 2, 2016,
thus adding three additional years to the life of those permits.
Once again, in deference to the recession, the Legislature has
provided relief to property owners and developers who have been
unable to move forward on previously obtained development
approvals.
The potential exists for Act 46, as amended, to provide relief
even beyond July 2, 2016. In a Lancaster County case, the Court
held that Act 46 tolls the expiration of a permit during the
extension period. Thus, if the permit had 11 months before it was
to expire, that 11-month period does not commence until July 2,
2016. Act 46 has not been the subject of a matter before the
Commonwealth Court or the Supreme Court of Pennsylvania.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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