Pennsylvania Consolidated Statutes

68 Pa. Cons. Stat. § 3106 (2026)

Applicability of local ordinances, regulations and building codes.

✓ current as of May 2026

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§ 3106. Applicability of local ordinances, regulations and building codes.

(a) General rule.--A zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership.

(b) Current law unaffected.--Except as provided in subsection (a), no provision of this subpart invalidates or modifies any provision of any zoning, subdivision, land development, building code or other real estate use law, ordinance or regulation.

(c) Status.--The creation of a condominium pursuant to section 3201 (relating to creation of condominium) out of an entire lot, parcel or tract of real estate which has previously received approval for land development or subdivision, as those terms are defined in section 107 of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, or the conveyance of units in the condominium, shall not, in and of itself, constitute a subdivision or land development, for the purposes of subdivision, land development or other laws, ordinances and regulations.

(d) Compliance with zoning regulations.--

(1) Use of the condominium shall comply with zoning regulations applicable to the parcel of land or tract of real estate on which the condominium is created.

(2) Any person creating a condominium out of a vacant parcel or tract of real estate which has not been subject to subdivision or land development approval shall submit a copy of the condominium declaration and condominium plan to all municipalities in which the parcel or tract of real estate is located, unless the creation of the condominium is for an estate planning purpose of conveying units to family members or an entity controlled by family members so that the conveyance would not be subject to realty transfer taxes pursuant to Article XI-C of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(3) Construction of any structure or building on any unit or common facility shall be subject to the provisions of any zoning, subdivision, land development, building code or other real estate law, ordinance or regulation.

(July 10, 2015, P.L.168, No.38, eff. 60 days)

Cross References. Section 3106 is referred to in section 3102 of this title.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1989–2022 · leading case: Cunius v. Bd. of Assessment Appeals, 976 A.2d 635 (Pa. Commw. Ct. 2009).

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Cunius v. Bd. of Assessment Appeals, 976 A.2d 635 (Pa. Commw. Ct. 2009). “68 Pa.C.S. § 3106 (emphasis added). According to Cunius, Section 3106 16 precludes the conclusion that creation of a condominium constitutes a subdivision of property for assessment purposes.”

Multi-Fam. Council v. City of Philadelphia, 1989 Phila. Cty. Rptr. LEXIS 37 (1989). “II Pre-emption by 68 Pa.C.S. §3106 Plaintiff contends that the Uniform Condominium Act (68 Pa.”

Soc'y Hill Towers Owners Ass'n v. City of Philadelphia & Philadelphia Zoning Bd. of Adjustment (Pa. Commw. Ct. 2020). · cites it 5× “” 68 Pa.C.S. § 3106(a); see also Cunius, 976 A.”

Charlestown Twp., PA v. CMI Hartman, LLC (Pa. Commw. Ct. 2022). “68 Pa.C.S. § 3106. 13 Regarding subsection 3106 (a) of the UCA, the general rule provided therein prevents discrimination against the condominium form of ownership for identical developments.”

— 68 Pa. Cons. Stat. § 3106(a) — 1 case

Soc'y Hill Towers Owners Ass'n v. City of Philadelphia & Philadelphia Zoning Bd. of Adjustment (Pa. Commw. Ct. 2020). “” 68 Pa.C.S. § 3106(a); see also Cunius, 976 A.”

— 68 Pa. Cons. Stat. § 3106(c) — 1 case

Soc'y Hill Towers Owners Ass'n v. City of Philadelphia & Philadelphia Zoning Bd. of Adjustment (Pa. Commw. Ct. 2020). “” 68 Pa.C.S. § 3106(a); see also Cunius, 976 A.”

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