Skip to main content
All States

Delaware Building Permit Guides

10 building permit guides for Delaware jurisdictions.

How building permits work in Delaware

Municipal GuideDelaware

Dover Building Permit Guide

Dover is the state capital and the Kent County seat, and it runs its own permitting: its Department of Planning and Inspections issues the permit and its own city fire marshal reviews the plans.

10 min readSeptember 2026
Read Guide
Municipal GuideDelaware

Kent County Building Permit Guide

Kent County writes and enforces its own building code by Levy Court ordinance, and one of its amendments changes how you size a foundation: the residential code's footing tables are replaced by a county minimum footing size.

11 min readSeptember 2026
Read Guide
Municipal GuideDelaware

Middletown Building Permit Guide

Middletown, in southern New Castle County, is Delaware's fourth-largest municipality, and it runs its own permitting through its Permits, Licensing and Inspections Department — with a contractor-licensing rule written into the town code.

10 min readSeptember 2026
Read Guide
Municipal GuideDelaware

Milford Building Permit Guide

Milford issues its own building permits. The City permit office, Civic Access filing, square-foot residential fees, commercial fees and how to book the final inspection.

3 min readOctober 2026
Read Guide
Municipal GuideDelaware

New Castle County Building Permit Guide

New Castle County is a real building-code authority, not a pass-through: its Department of Land Use adopts, amends and enforces the code across the unincorporated county and issues the permit.

11 min readSeptember 2026
Read Guide
Municipal GuideDelaware

Newark Building Permit Guide

Newark, in New Castle County and home to the University of Delaware, runs its own permitting through the Code Enforcement Division and its own jurisdictional city fire marshal — and it adds rental-permit and student-home rules on top of the building permit.

11 min readSeptember 2026
Read Guide
Municipal GuideDelaware

Seaford Building Permit Guide

Seaford’s Code Department issues City permits at 414 High Street, and a Sussex County permit is also required. What needs a permit, fees and inspections.

3 min readOctober 2026
Read Guide
Municipal GuideDelaware

Smyrna Building Permit Guide

Smyrna issues its own building permits. The Town office, the new Permit Portal, the 2026 fee schedule, Kent County impact fees and what to finish before the final inspection.

3 min readOctober 2026
Read Guide
Municipal GuideDelaware

Sussex County Building Permit Guide

Sussex County is the building-code authority not only for its unincorporated land but for 14 incorporated towns that never took the function on — so the same office may hold the code inside town limits.

11 min readSeptember 2026
Read Guide
Municipal GuideDelaware

Wilmington Building Permit Guide

Wilmington, Delaware's largest city, runs its own permitting: the Department of Land Use and Planning issues building permits, its own Fire Marshal's Office reviews fire plans, and Licenses and Inspections handles code enforcement and rentals.

10 min readSeptember 2026
Read Guide

How building permits work in Delaware

These rules apply across Delaware. Each local guide above covers what is specific to that city, town, township or county: its building department and contacts, local rules, fees and inspections.

Who holds the code and the state reviews

The state layer is narrow but firm. Under Delaware law the State Fire Marshal must review plans for all new buildings and additions, for any building undergoing a change of occupancy, and for any part of a building damaged by fire, explosion or other cause — with two exceptions that matter: buildings used wholly as dwellings of no more than two families, and buildings used wholly for farming. That means almost every commercial project in Delaware carries a state plan review alongside its county or municipal permit, and almost no ordinary house does. Electrical work is separately regulated at state level, and licensed electrical inspection agencies rather than the county carry out the inspections.

Delaware has no statewide building code, but several construction codes are set at state level and every county and town must enforce them: the plumbing code (16 Del. C. 7904), the mechanical and fuel gas codes adopted by the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners (24 Del. C. 1806), the energy code (16 Del. C. 7602; counties must adopt each new state edition within 12 months) and the State Fire Prevention Regulations. Electrical work everywhere must be inspected by a state-licensed inspection agency (24 Del. C. 1420).

The fire marshal’s plan review also covers sprinkler and alarm systems, fuel tank installations, subdivision and site plans, and tenant fit-outs and renovations. Four cities — Dover, Newark, New Castle and Wilmington — have their own fire marshal, who carries out that review inside the city (16 Del. C. 6612). In Sussex County, and in other places with no local plumbing programme, plumbing permits and inspections come from the Division of Public Health.

Which authority holds the code for your address

This is the first question on any Delaware project and it has three possible answers. In an unincorporated area the county is the building authority. In a municipality that runs its own building department — the larger cities do — the municipality issues the permit and the county does not. And in a number of smaller incorporated towns the county enforces the building code while the town handles zoning, so a project needs both and neither office can answer for the other. Because the three counties are on different code editions with different amendments, the answer also determines which standard the work is built to.

The state reviews that run alongside the permit

Three state processes commonly run in parallel with a Delaware building permit. The State Fire Marshal's plan review is required on the categories set out in statute, is charged on the estimated cost of construction against a published formula, and must be approved before the work it covers proceeds. Electrical inspection is carried out by licensed inspection agencies rather than by the county or the town. Sediment and stormwater plans go to the delegated agency for the site — the Kent or Sussex Conservation District, New Castle County, the New Castle Conservation District, or Newark, Middletown or Wilmington for their own areas — while wetlands, subaqueous-lands and beach building-line approvals come from DNREC.

Business and trade licences

Delaware does not issue a general contractor competency licence. Contractors instead need a Delaware contractor business licence from the Division of Revenue (30 Del. C. 2502) and must register with the Department of Labor’s Office of Contractor Registration before starting work (19 Del. C. 3604); since January 2026 the Department can also suspend a contractor who uses unregistered subcontractors. Many permit offices ask for the business licence number on the application, and some municipalities require their own local licence on top. Trade competency is regulated at state level: electricians are licensed through the State Board of Electrical Examiners, plumbers and HVACR contractors through the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners, and fire protection contractors by the State Fire Marshal, whose licence number must appear on a fire protection plan review application. Homeowners may do their own wiring or plumbing in their own home with the relevant homeowner permit.

Trade work in Delaware is regulated at state level even where the building code is not. Electricians, plumbers and fire protection contractors hold state licences, and electrical inspection is carried out by licensed agencies rather than by the authority that issued the building permit.

Sources