Skip to content
×
Pro Members Get Full Access
Succeed in real estate investing with proven toolkits that have helped thousands of aspiring and existing investors achieve financial freedom.
$0 TODAY
$32.50/month, billed annually after your 7-day trial.
Cancel anytime
Find the right properties and ace your analysis
Market Finder with key investor metrics for all US markets, plus a list of recommended markets.
Deal Finder with investor-focused filters and notifications for new properties
Unlimited access to 9+ rental analysis calculators and rent estimator tools
Off-market deal finding software from Invelo ($638 value)
Supercharge your network
Pro profile badge
Pro exclusive community forums and threads
Build your landlord command center
All-in-one property management software from RentRedi ($240 value)
Portfolio monitoring and accounting from Stessa
Lawyer-approved lease agreement packages for all 50-states ($4,950 value) *annual subscribers only
Shortcut the learning curve
Live Q&A sessions with experts
Webinar replay archive
50% off investing courses ($290 value)
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Multi-Family and Apartment Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

1
Posts
1
Votes
Lekan King
1
Votes |
1
Posts

Three Units is Now Considered Commercial?

Lekan King
Posted Oct 24 2022, 07:40

Good Morning,


I’m trying To get a building permit(BP) in Philadelphia for my 3 unit multi-family apartment. My residential BP was rejected because it’s considered commercial because I have more than 2 dwellings. Has anyone heard of this? I thought anything more than 4 dwellings was considered commercial.

User Stats

610
Posts
423
Votes
Eric Greenberg
  • Investor
  • Philadelphia, PA
423
Votes |
610
Posts
Eric Greenberg
  • Investor
  • Philadelphia, PA
Replied Oct 25 2022, 08:18

My understanding is Philadelphia now considers 1-2 units different than 3+/mixed/etc for filing fees/permits/ fire/etc 

‘Filing fee

There is a non-refundable filing fee which is applied to the permit fee.

  • For one-or-two-family dwellings: $25
  • For all other uses: $100’

User Stats

461
Posts
339
Votes
Ash Hegde
  • Lender
  • Fort Lauderdale, FL (Lending in FL CT GA MI PA)
339
Votes |
461
Posts
Ash Hegde
  • Lender
  • Fort Lauderdale, FL (Lending in FL CT GA MI PA)
Replied Oct 25 2022, 08:25

For lending, it's true that 4 or less units is considered residential, but for permitting and local codes it may not be the same rule. Looks like @Eric Greenberg gave you good info. 

Vacasa logo
Vacasa
|
Sponsored
We do the work. You get the ROI. We do it all for your vacation rental. All—marketing, pricing, guest requests, housekeeping & more.

User Stats

593
Posts
361
Votes
Bonnie Griffin Kaake
Pro Member
  • Real Estate Consultant
  • Denver, CO
361
Votes |
593
Posts
Bonnie Griffin Kaake
Pro Member
  • Real Estate Consultant
  • Denver, CO
Replied Oct 25 2022, 10:40

 @Lekan King As you become more involved in real estate investing and construction, you will learn that the term "commercial" and "residential" can be used differently depending on who you are talking to. It is best to ask for clarification when you hear those words and are confused. In cost segregation terms, we use commercial and residential as slightly different. A traditional commercial property of almost any kind qualifies for cost segregation. At the same time, a residential rental property also can qualify for cost segregation. Then there is the short-term Airbnb/VRBO type property that is considered a business rather than strictly "residential". A personal residence on the other hand is strictly "residential" and does not qualify for cost segregation. Hope I didn't further confuse you. ;-)

User Stats

17,186
Posts
29,628
Votes
Russell Brazil
Agent
  • Real Estate Agent
  • Washington, D.C.
29,628
Votes |
17,186
Posts
Russell Brazil
Agent
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied Oct 25 2022, 10:42

You are confusing Fannie Mae/Freddie Mac/HUD underwriting guidelines for loans with local zoning and permitting. 2 completely separate animals.

User Stats

2,218
Posts
1,084
Votes
Bud Gaffney
  • Rental Property Investor
  • Boston, MA
1,084
Votes |
2,218
Posts
Bud Gaffney
  • Rental Property Investor
  • Boston, MA
Replied Oct 25 2022, 11:14

No

Account Closed
  • pennsylvania
168
Votes |
339
Posts
Account Closed
  • pennsylvania
Replied Oct 25 2022, 17:00

A residential area can have one of several residential zoning designations. For example, R-1 may only allow Singh family homes on lots that are >0.25 acres; R-2 might allow a higher density of SFHs—maybe row houses; R-3 may allow duplexes; R-4 might allow up to 10-unit MFHs. This is all hypothetical, but you get the point. 

User Stats

567
Posts
459
Votes
Rich O'Neill
  • Contractor
  • Chadds Ford, PA
459
Votes |
567
Posts
Rich O'Neill
  • Contractor
  • Chadds Ford, PA
Replied Nov 4 2022, 11:35

@Lekan King yes @Eric Greenberg gave you the correct info. 3+ units is considered commercial in Philly and you need commercial permits, which generally requires architect drawings and building plans, even for cosmetic work. It's a bit crazy but the way it is. This is why lot's of people don't pull permits for work that is "gray area" as to whether you need them or not.