Building Permits and Construction Codes

Del. Code tit. 9, ch. 44
in effect

Del. Code tit. 9, § 4401 Definitions.

As used in this chapter: (1) “Building” means any structure, building, edifice or part thereof; (2) “Chief of Building Inspections” means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Chief’s designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Acting Chief’s designee; (3) “Construction” means alteration, removal, demolition, addition, repair or construction of any new or old building. (4) “Person” means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;

Del. Code tit. 9, § 4402 Application for construction permits.

(a) No person shall construct or cause to have constructed or commence the construction of a building without first filing with the Chief of Building Inspections an application in writing for such construction and obtaining a permit therefor. Such application shall be made on forms prescribed by the Chief of Building Inspections and shall contain such information as the Chief of Building Inspections shall prescribe. (b) Permits shall be issued in the name of the owner of the building. (c) No such permit shall be issued to a nonresident person engaging in business as a contractor, as defined in Chapter 25 of Title 30, in Kent County until the Chief of Building Inspections is satisfied that § 2502(b) of Title 30 has been complied with to the extent applicable.

Del. Code tit. 9, § 4403 Reports on permits issued by incorporated cities or towns.

Building inspectors or other officers authorized by law to issue permits for construction of any buildings, in any incorporated city or town in Kent County, shall report to the Board of Assessment of Kent County, within 10 days of the date of finalization and/or date of issuance of a certificate of occupancy, every permit issued by them respectively. Every permit shall specify the estimated cost of the proposed construction, and date the permit was finalized and/or a certificate of occupancy was issued.

Del. Code tit. 9, § 4404 Inspections.

The Chief of Building Inspections or the Chief’s designee shall make the necessary inspections to see that this chapter is complied with and may order or compel the suspension of any work that is not in compliance with this chapter.

Del. Code tit. 9, § 4406 Records.

(a) The Chief of Building Inspections shall keep a careful and comprehensive record of applications, permits issued, inspections made, reports rendered and of notices or orders issued. (b) The Chief of Building Inspections shall retain on file copies of all permits issued. (c) All records may be open to public inspection at the discretion of the Chief of Building Inspections, but shall not be removed from the office of the Chief of Building Inspections.

Del. Code tit. 9, § 4407 Permits required.

(a) A building permit shall be obtained from the county government for any new construction of any kind including additions or alterations to existing structures. (b) Before issuing a building permit, the county government may require the builder or homeowner to have a permit for waste disposal from the Division of Environmental Control. (c) 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. (d) A building permit shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which: (1) Is greater than 200 feet in height above ground level; (2) Is greater in height than an imaginary trapezoidal shape beginning at the end of a runway of a public use airport, at an initial width of 50 feet and extending outward and upward at a slope of 100:1 for a distance of 20,000 feet, to a width of 3000 feet at its ending point; (3) Is located within the approach runway area of each public use airport; or (4) Otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77 [14 C.F.R. Part 77]. (e) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of Aeronautics has approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the county or municipality having land use jurisdiction, regarding any objections it has to the issuance of a building permit, within 30 days of receipt of such permit for review.

Del. Code tit. 9, § 4408 Notice of violation.

(a) Whenever the Chief of Building Inspections is satisfied that a building is being constructed without a permit first being issued therefor, the Chief of Building Inspections may serve a written notice or order upon the person responsible therefor, directing discontinuance of the construction until a permit has been obtained from the Chief of Building Inspections. (b) No person having been served with such notice or order shall fail within 5 days to comply with the requirements thereof.

Del. Code tit. 9, § 4409 Occupancy.

Any building that has been constructed without a permit may not be occupied, maintained or used by any person except with permission of the Chief of Building Inspections.

Del. Code tit. 9, § 4410 Penalties.

Penalties for offenses in this chapter of the Building Code of Kent County or of violations of this chapter shall be as prescribed by ordinance of the county government of Kent County.

Del. Code tit. 9, § 4411 County government to appropriate necessary funds.

The county government shall annually appropriate to the Chief of Building Inspections such funds that are necessary to carry out this chapter.

Del. Code tit. 9, § 4412 Jurisdiction of Superior Court.

The Superior Court shall have jurisdiction over offenses committed under this chapter.

Del. Code tit. 9, § 4413 Exceptions.

This chapter, except for § 4403 of this title, shall not apply to structures and properties located within any incorporated city or town in Kent County which has adopted and enforces a building code and building permit procedures.

Del. Code tit. 9, § 4414 Enforcement of construction codes; remedies.

(a) The enforcement of any code or regulation adopted by the county government under the authority of this chapter shall be as prescribed by the county government by ordinance. (b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this chapter or of any regulation or provision of any regulation or change thereof, enacted or adopted by the county government, the attorney thereof, or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

Del. Code tit. 9, § 4415 Construction using public financial assistance.

No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and no occupancy or use permit shall be issued unless such building or structure complies with Chapter 42 of Title 31.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title9/c044/index.htmlFetched: 10/4/2026

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