A building permit in unincorporated New Castle County is issued by the county's own Department of Land Use, which adopts its editions of the International Codes, writes its own amendments to them, and reviews and inspects the work — so the county is the authority here, not a stand-in for the state.
The wrinkle that catches contractors new to the county is the credential. Before it will issue a permit, New Castle County requires the contractor to hold its Permit Endorsed Contractor Licence: a county licence, distinct from the state business licence, that requires a certificate of liability insurance and a Statutory Compliance Bond and cannot be set up online in a single sitting.
This guide covers unincorporated New Castle County. Wilmington and other municipalities that run their own building departments issue their own permits; confirm which authority holds the code for the address before you file.
The credential comes before the permit. Getting the Permit Endorsed Contractor Licence in place — insurance and bond included — is the step most likely to delay a first New Castle County job, because the account cannot be created instantly and the county checks it before issuing.
What requires a building permit in New Castle County?
Delaware has no statewide building code. Each of the state's three counties adopts and enforces its own, and the editions, amendments and effective dates differ between them — so a rule that applies in one part of Delaware may simply not apply thirty minutes away. New Castle County administers its code through the Department of Land Use, Kent County through the Levy Court's inspections office, and Sussex County through its Building Code Office, which also enforces for a number of incorporated towns that have not taken the function on themselves. Above all three sits the one genuinely statewide construction requirement: the State Fire Marshal's plan review. So in New Castle County the questions are which authority holds the building code, which edition it is on, and whether the contractor holds the county's own Permit Endorsed Contractor Licence, which the Department of Land Use verifies before it will issue.
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.
Typically permit required
- A building permit from the Department of Land Use for construction, additions, most alterations and demolition
- The county's Permit Endorsed Contractor Licence for the contractor, with its bond and liability insurance
- A building permit from the county or the municipality, depending on which holds the code for the address
- State Fire Marshal plan review on new buildings, additions, changes of occupancy and fire-damaged work
- Electrical work under the state's own regulation, inspected by a licensed electrical inspection agency
- Environmental, sediment and stormwater approvals from the state environmental department where they apply
Often exempt
- Ordinary repairs the county's adopted code places below the permit threshold
- Small accessory work where the county's own exemption reaches it
- State Fire Marshal plan review on buildings used wholly as dwellings of no more than two families
- State Fire Marshal plan review on buildings used wholly for farming purposes
- Ordinary repairs that the county's adopted code places below the permit threshold
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. Beyond that, New Castle County runs its permitting through an online eServices system — applications begin in eApply and plan review runs in ePlans — and it will not issue to a contractor who has not first obtained its Permit Endorsed Contractor Licence, a county credential that sits on top of the state business licence and carries its own liability-insurance and bond conditions.
Who handles permitting in New Castle County?
Unincorporated New Castle County is served by the Department of Land Use, which houses both planning and permits. Applications are filed and tracked through the county's eServices system, and a licensed contractor needs a county online account before submitting.
| Detail | Information |
|---|---|
| Authority | New Castle County Department of Land Use |
| Office | New Castle County Government Center, 87 Reads Way, New Castle, DE 19720 |
| Phone | (302) 395-5400 |
| Applies where | Unincorporated New Castle County; municipalities with their own departments issue their own permits |
| Adopted editions | 2021 IBC, IRC, IMC, IPC and IFGC; 2018 IECC |
Permit types
Residential permits
Houses, additions, decks above the code's height threshold, finished basements, garages and most alterations need a permit from the Department of Land Use. New residential and non-residential building applications start in eApply; the county's plan review team works the submittal in ePlans, and the permit issues only after a final pre-screen confirms every requirement is met and fees are paid.
How Delaware contractor credentials work
Delaware does not issue a general contractor licence in the way many states do. What it requires instead is a business licence, and most Delaware jurisdictions will not issue a permit to a contractor who does not hold the relevant one — some municipalities require their own local licence on top of the state's. Trade competency is regulated separately and at state level: electricians are licensed through the state's board of electrical examiners, plumbers through their own board, and fire protection contractors are licensed by the State Fire Marshal, whose licence number must appear on a fire protection plan review application. In New Castle County the licence check happens at permit issue, so an unlicensed trade on the application stops the file rather than merely risking a penalty later.
Commercial permits
Commercial and multi-family work is reviewed against the county's 2021 editions and almost always draws the State Fire Marshal's plan review alongside the county permit. The county did not adopt the International Fire Code, relying instead on the state's fire prevention regulations, so the fire dimension of a commercial project runs through the state rather than through a county fire code.
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. And the state environmental department holds sediment and stormwater, wetlands and coastal jurisdiction, which reaches a large share of projects in the low-lying and coastal parts of the state. In unincorporated New Castle County the Department of Land Use is the single point for the building permit, and the state reviews run in parallel with it.
New Castle County permit costs and fees
New Castle County sets its permit fees in Chapter 6 of the county code and scales them to the project, so a figure is confirmed at intake rather than quoted flat. Two cost items are particular to the county: the contractor's bond behind the Permit Endorsed Licence, and, from the first of July 2026, a service fee on credit-card payments.
| Item | Fee or rule |
|---|---|
| Building permit | Set in Chapter 6 of the county code and scaled to project valuation; confirmed at intake |
| Permit Endorsed Contractor Licence | County credential for permit work, carrying a Statutory Compliance Bond and liability insurance |
| Where it is paid | Through the county's eServices system; a card service fee applies from the first of July 2026 |
| Energy path | The 2018 energy code has applied since the first of January 2021; building codes moved to 2021 editions on the first of January 2024 |
Budget the bond, not just the fee. The Statutory Compliance Bond and liability insurance behind the Permit Endorsed Contractor Licence are a precondition of issuance, so they belong in the project budget from the start rather than being treated as an afterthought at the permit counter.
Trade permits and who may pull them
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.
Permit required
- Electrical — by a licensed electrician, inspected by a licensed electrical inspection agency
- Plumbing — by a plumber licensed through the state board
- Fire protection — by a contractor licensed by the State Fire Marshal, whose licence number goes on the plan review
- Mechanical and fuel gas — under the code edition the county or municipality has adopted
Typically exempt
- Work the adopted code edition places below the permit threshold, which differs between the three counties
- Like-for-like replacement not amounting to a new installation
How to apply for a New Castle County building permit
County in unincorporated areas, the municipality where it runs a building department, and in some towns the county for building with the town for zoning.
The three counties are on different editions with different effective dates and amendments.
Required on new buildings, additions, changes of occupancy and fire damage, except two-family dwellings and farm buildings.
Sediment and stormwater, wetlands and coastal review, which reach much of the low-lying and coastal state.
Most jurisdictions will not issue a permit without them, and some municipalities require their own.
Footing to final with the authority, electrical through a licensed inspection agency, then the certificate of occupancy.
Review, corrections and what actually causes delay
The delays that recur in New Castle County are rarely about the drawings. They are about the credential not being in place, the eServices account not yet created, or a pre-screen turning up an unpaid fee or tax on the parcel. A permit will sit at final pre-screen until every requirement clears, so the fastest path is to have the contractor's endorsement, the account and the parcel's account all clean before the application goes in.
Inspections in New Castle County
Inspections follow the sequence in whichever code edition the authority has adopted — footing, foundation, framing, rough trades, insulation and final — requested from the county or the municipality against the permit number. Electrical inspections are the exception: they are carried out by licensed electrical inspection agencies, and their approval documentation is what the permitting authority and the State Fire Marshal rely on. A certificate of occupancy closes the file, and where the fire marshal reviewed the plans its own approval is a precondition of that certificate. In New Castle County inspections are scheduled through the county's online module against the permit number, and the certificate of occupancy closes the file once the sequence and any state review are satisfied.
New Castle County permit search and official resources
- New Castle County — Get a Permit (eServices / ePlans) — how building, demolition and utility permits are applied for and issued online
- New Castle County Code, Chapter 6 building code — the adopted 2021 editions and the county's own amendments
- New Castle County permit and contractor search — checking a permit's status and a contractor's endorsement
- Delaware State Fire Marshal, building plan submittals — what needs plan review, the fee formula and what must accompany a submission
- Delaware Code title sixteen, chapter sixty-six — the statutory plan review requirement and its exceptions
- Delaware Department of Natural Resources and Environmental Control — sediment and stormwater, wetlands and coastal approvals
Frequently asked questions
Does New Castle County or my town issue the permit?
In the unincorporated county the Department of Land Use issues it. Inside a municipality that runs its own building department, the town issues it and the county does not — so the first step is confirming which authority holds the code for the address.
What is the Permit Endorsed Contractor Licence?
It is a county credential a contractor must hold before doing permit work in unincorporated New Castle County. It sits on top of the state business licence and requires a certificate of liability insurance and a Statutory Compliance Bond, and the county verifies it before it will issue.
Which code editions does the county enforce?
The 2021 International Building, Residential, Mechanical, Plumbing and Fuel Gas Codes, effective the first of January 2024, with the 2018 energy code that has applied since the first of January 2021. The county did not adopt the International Fire Code, relying on the state's fire prevention regulations instead.
How are permits filed?
Through the county's eServices system: applications begin in eApply and plan review runs in ePlans. A licensed contractor needs an online account from the Department of Land Use before filing, and that account cannot be created instantly.
Does the State Fire Marshal review my project?
For most new buildings, additions and changes of occupancy, yes — the state plan review runs alongside the county permit. Buildings used wholly as dwellings of no more than two families, and buildings used wholly for farming, are outside it.
Do I need a permit for a deck or shed?
Usually yes once the work passes the county's threshold; the exemptions are narrow and set by the adopted code. Confirm the specific threshold with the Department of Land Use first, because an unpermitted structure can hold up a later sale.
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More Delaware permitting guides
More Delaware permitting guides
This guide is provided by Alliance Permitting for general information about New Castle County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.