Delaware building permits

Where to get a building permit in Delaware

Apply to the building department of the city, town or county where the property is (the steps).

Delaware state agencies

These offices set statewide codes or license the trades. They do not issue permits for most home projects.

Building code in Delaware

For homes, the residential code is the International Residential Code, 2024 edition¹⁴, in effect since January 1, 2026¹⁴ (adopted locally¹).

Every code family, edition and effective date is on Delaware building codes.

State rules on which work needs a permit

9 Del. C. §§ 6307, 4407(c), 2515

• $300. No person shall be required to obtain a permit when the fair value of the construction of a building is less than $300.¹⁷
• $500. The county government may by resolution waive the requirement for a building permit under specified terms and conditions as may be established by the county government but no waiver shall be permitted where the value of the work to be done exceeds $500.¹⁸
• Kent baseline: permit for any new construction. A building permit shall be obtained from the county government for any new construction of any kind including additions or alterations to existing structures.¹⁸
• New Castle County Building Code chapter does not apply to agricultural-use buildings. A building or structure devoted to agricultural use as defined in Chapter 26 of this title.¹⁹
• Homeowner's electrical permit generally not required for replacement in kind. Generally, homeowners’ permits are not required for replacement in kind.⁷
• Division of Public Health: no permit for replacing an existing fixture, equipment or related piping, including water heaters. 3. No permit or fee is required by the Division of Public Health for the replacement of an existing fixture, piece of equipment or related piping, including but not limited to hot water heaters and water conditioning systems. 4. The relocation of any plumbing fixture and related pipe requires a permit.¹⁰

Applies to

County-specific¹

Homeowners doing their own work

24 Del. C. §§ 1402, 1417, 1419, 1807(c)(2), 1820(c)(2); 16 DE Admin. Code 4455 § 2.7; 9 Del. C. § 6302(b)

• Electrical allowed with homeowner permit. Any person, who plans to install that person’s own internal wiring, electrical work or equipment, including the main breaker or fuse, in or about that person’s own home, that is not for sale nor any part for rent, excluding swimming pools and hot tubs, shall obtain a homeowner’s permit.²
• 1 year. Permits shall be valid for 1 year.²
• Must own and live in the home. “Homeowner” means, for purposes of this chapter, an individual who both owns and lives in that person’s home or dwelling.⁸
• Plan must be stamped by an inspection agency first. Prior to applying for a Delaware homeowners permit: you will be required to have your plan reviewed, approved, and stamped for approval by a licensed Delaware Inspection Agency.⁷
• No homeowner electrical permit for attached or multi-unit homes. Condominiums, townhomes, multi-unit residential buildings, apartment complexes or duplexes…⁷
• No homeowner electrical work on pools or hot tubs. A homeowner is not permitted to install his or her own internal wiring, electrical work or equipment associated with a hot tub or a swimming pool.⁷
• Plumbing allowed except gas piping. The individual is a homeowner who is performing plumbing services other than gas piping in or about that individual’s own home that is not for sale or any part for rent or lease, provided that the individual has filed an application for a permit with the authorized inspection authority…²⁰
• 1 year. Exception: The homeowner of a single-family residence occupied, or to be occupied by the homeowner for not less than 1 year and not for sale, rent or lease, may perform plumbing work only on such residence itself or auxiliary structures, and in compliance with a permit issued by the Delaware Division of Public Health, or applicable authority, and in compliance with all provisions of these regulations.¹⁰
• HVACR allowed except gas piping. The individual is a homeowner who is performing HVACR services other than gas piping in or about that individual’s own home that is not for sale or any part for rent or lease…²¹
• Sussex: owner may get a permit for own work. Permits shall be issued only to contractors, the owner of any building necessary to the operation of farm lands, the owner of property located in any incorporated city or town in Sussex County, or any owner of property desiring to do his or her own work or labor about his or her own building.¹⁷
• Kent: permit is in the owner’s name. Permits shall be issued in the name of the owner of the building.¹⁸

Contractor licensing

30 Del. C. § 2502; 24 Del. C. §§ 1407, 1807, 1820; 9 Del. C. § 2504

• $75. Any person desiring to engage in business in this State as a contractor shall obtain a license upon making application to the Division of Revenue and paying a fee of $75.²²
• 0.6472%. …every contractor shall pay a license fee of 0.6472% of the aggregate gross receipts paid to such contractor…²²
• Business license required. Any contractors conducting business activity in Delaware are required to register with and obtain a business license from the Delaware Division of Revenue.⁶
• Electrician license required. No person shall engage in the practice of providing electrical services or hold himself or herself out to the public in this State as being qualified to act as a licensed electrician…²³
• Master plumber license required. A person shall not provide plumbing services in this State nor hold oneself out to the public as being a licensed master plumber…²⁰
• HVACR license required. A person shall not provide HVACR or HVACR restricted services in this State nor hold oneself out to the public as being a master HVACR licensee or master HVACR restricted licensee…²¹
• New Castle County may require registration and testing. The County Council may promulgate rules and regulations requiring persons engaged in construction activity regulated by the New Castle County Building Code to register with the Department of Land Use and take such tests or examinations necessary to demonstrate that such persons are competent to complete regulated work in a safe and sanitary manner.¹⁹
• New Castle County license for permitted work. Permit endorsed licenses must be obtained for building construction activity requiring a permit and/or utility work.²⁴

Handyman limits

• Contractor definition has no dollar floor in this clause. Furnishing labor or both labor and materials in connection with all or any part of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains and every other type of structure as an improvement, alteration or development of real property…²²
• Electrician chapter does not restrict equipment servicing. Nothing in this chapter shall restrict any person from servicing equipment in the fields of heating, air conditioning, refrigeration or appliances.²

Deadlines for permit decisions and inspections

• 5 business days. Inspection agencies shall make all inspections within 5 working days of receipt of the application for inspection.²
• 30 days. The Department of Transportation, through the Office of Aeronautics, shall respond to the Department of Land Use regarding any objections to the issuance of a building permit, within 30 days of the Department of Transportation’s receipt of such permit for review.¹⁹
• 120 days. The County shall take final action on the rezoning application within 120 days after the application is determined or deemed complete, unless the applicant agrees in writing to an extension.²⁵
• By-right housing gets administrative review. A residential development application for a use that is permitted by-right under the zoning ordinance of a local jurisdiction shall be reviewed through an administrative review and approval process.²⁶

Private plan review and inspections

24 Del. C. §§ 1420-1421; 9 Del. C. § 2507

• Electrical work uses Board-licensed inspection agencies. All electrical work performed in this State, unless specifically exempt, shall receive a certificate of inspection issued by a Board-licensed inspection agency.²
• $1,000,000. All licensed electrical inspection agencies in this State shall carry general liability insurance and errors and omission insurance of at least $1,000,000 each for claims of property damage or personal injury arising from faulty electrical work approved by the agency, or any of its employees, or other acts or omissions performed by the agency or any of its employees.²
• State Fire Marshal publishes an agency list. List of Electrical Inspection Agencies Recognized by the State Fire Marshal…⁴
• New Castle County may accept outside reports for some systems. In the case of the inspection of elevators, fuel oil equipment or electric wiring, the Department of Land Use may accept reports of inspectors of casualty companies or of other recognized inspection services after investigation of their qualifications and reliability.¹⁹

Selling a home with unpermitted work

6 Del. C. §§ 2572-2574; Delaware Real Estate Commission Report

• Known material defects must be disclosed in writing. Except as excluded by § 2577 of this title hereof, a seller transferring residential real property shall disclose, in writing, to the buyer, agent and subagent, as applicable, all material defects of that property that are known at the time the property is offered for sale or that are known prior to the time of final settlement.²⁷
• Report is due before an offer. The agent, subagent or seller, as applicable, shall give a copy of the Seller’s Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer’s agent prior to the time the buyer makes an offer to purchase.²⁷
• Form asks about additions and structural changes. 75. Have you made any additions or structural changes? If yes, describe in XVI.²⁸
• Form asks whether permits were obtained. 76. If #75 is yes, was all work done with all necessary permits and approvals in compliance with building codes?²⁸
• Form asks whether permits are closed. 77. If #76 is yes, are the permits closed?²⁸
• Not a warranty. The seller’s completed disclosure form is a good faith effort by the seller to make the disclosures required by this subchapter, and is not a warranty of any kind by the seller or any agents or subagents representing seller or buyer in the transfer and is not a substitute for any inspections or warranties that the seller or buyer may wish to obtain.²⁷
• Current form version. Approved by the Delaware Real Estate Commission (Effective Date: August 1, 2026)…²⁸

Accessory dwelling units (ADUs)

29 Del. C. §§ 9221-9222, added by 85 Del. Laws, c. 343 (SS 2 for SB 23) · in effect July 13, 2026³⁰

• Affordable housing plans must authorize ADUs without a conditional use permit or special exception. Authorization for a mix of housing types, including single-family detached, single-family attached, duplexes, triplexes, multifamily dwellings, accessory dwelling units, cottage housing developments, and manufactured housing without the need for a conditional use permit or special exception.²⁶
• Applies through local plans. A local jurisdiction that has a population greater than 2,000 and that is required to adopt a comprehensive plan under Title 9, Title 22, or this title must include an affordable housing plan consistent with this subchapter as part of its comprehensive plan.²⁶
• February 1, 2027 cutoff for a limited exemption. February 1, 2027 Cutoff for the limited exemption: jurisdictions adopting their next comprehensive plan before this date get until their following 5-year review to comply with § 9222 plan-content requirements.²⁹

Applies to

Local jurisdictions over 2,000 population required to adopt a comprehensive plan²⁶