Requesting Building Permit Records Under the Right-to-Know Law

Can you request building permits under the Pennsylvania Right-to-Know Law (RTKL)? What are the limitations, and what does the application process entail? A legal resident of the United States can request access to public records in the possession of government agencies, but there are exceptions. Before applying, the requester must determine whether the information they seek falls within the exemptions.

This guide discusses whether permits are public records and how to request them. It also addresses the limitations and how a lawyer can assist. Read on to learn more.

What Is the Right-to-Know Law?

The RTKL allows you to request copies of public records from Pennsylvania Government agencies unless disclosure is barred by specific exceptions. A public record, in this case, is any form of information concerning an activity or transaction of an agency and is received, created, or retained pursuant to law or connection to a business, transaction, or activity of an agency. An example is a building permit.

Under the law, records are presumed to be public records, and the burden is on government agencies to establish otherwise. In other words, if you request building permits or any other public record, and the agency withholds the information, it is the agency’s responsibility to prove that the information is not a public record or exempted. Government agencies covered by the RTKL include but are not limited to state-affiliated agencies, boroughs, townships and legislative bodies.

Are Building Permits Public Records?

Building permits are public records in Pennsylvania. Federal and state laws or judicial orders can exclude some records from being disclosed to the public, but building permits are generally accessible.Under the Uniform Construction Code, a municipality or third-party agency authorized by a municipality can prohibit the release of certain records to the public. These include applications received, inspection reports, building plans and specifications and other similar records. However, the Pennsylvania Office of Open Records (OOR) has held that townships issue approved building permits and do not receive the same exclusionary protection. Unlike building permits, applications and building plans and specifications are submitted to the township by third parties.

How to Request Building Permit Records

Legal residents of the U.S. can submit a request for public records. There is no requirement to explain or provide reasons for seeking the information, but it should be as clear and specific as possible.

To make a request, the requester must fill out a Right-to-Know request form and return it to the Open Records Officer. Once received, the Open Records Officer will respond, approving or denying the request. They can also invoke an extension to try to fulfill the request. If the Open Records Officer denies the request, the requester can appeal.

Limitations to Building Permit Records Requests

Municipalities do not have to compile lists of the names and addresses of people with permits. An agency is not required to modify its practices by compiling lists of information when such lists are not otherwise kept by the agency or required by law, and an agency is not required to modify its duties to become the agent of a commercial enterprise. Furthermore, the RTKL only requires agencies to make records available for inspection. It is up to the requester to conduct searches or compile lists from those records. 

Municipalities do not have to produce future building permits as they are issued. Future permits do not currently exist. The RTKL does not require agencies to compile and distribute information they do not possess at the time of the request. If the requester wants access to future monthly permit records, the requester will have to submit monthly requests for the permits that have already been issued.

How a Lawyer Can Help

The RTKL and related laws can be complex. Lawyers can assess the requirements and interpret the law to determine your chances of success. They can help you determine which documents are exempted and assist you in drafting clear and precise requests. A lawyer can also help you appeal and provide guidance if your request is denied. These services can help protect your rights and interests.

Lawyers focus on different practice areas, and you want someone who brings the most value to your case. Consider choosing a lawyer with knowledge of the local real estate and municipal laws and experience handling similar cases. Additionally, assess the lawyer’s track record and client feedback. It’s best to partner with a firm or attorney with an excellent reputation and attention to client needs.

Why Trust Us?

MPL Law is a leading real estate and municipal law firm in Pennsylvania. We serve individuals and businesses in York and beyond, providing effective legal solutions. Our team of experienced lawyers dedicates time and resources to developing practical strategies for complex legal issues.

At MPL Law, we listen closely to our clients to understand their needs and provide personalized solutions. We believe each case is unique and deserves special attention. We are honest, set realistic expectations and strive to achieve the best possible outcome. Our forward-thinking and innovative approach allows us to find answers that address current challenges.

Our firm aims to build close relationships through quality service delivery. We treat clients like family and genuinely care about their concerns. Our responsiveness and commitment have earned us impressive recognition in the areas we serve.

Contact MPL Law to Request Public Records

Navigating the RTKL can be complicated, but MPL Law is ready to assist. Our real estate and municipal law team has handled similar cases and can provide guidance. Contact us now to schedule a consultation with a trusted attorney.