Delaware · Penalties in every state · What needs no permit here

Building without a permit in Delaware

By Mario Bailey Last checked · 5 official sources

Quick answer

Delaware sets no single statewide fine for building without a permit. Instead, Title 9 of the Delaware Code gives each of the three counties its own building permit chapter, and the penalty depends on where the work sits.

Source: 9 Del. C. 2513 (New Castle County); 9 Del. C. 6310 (Sussex County); 9 Del. C. 4410 (Kent County). Details and the official text are cited below.

What Delaware law says

Delaware sets no single statewide fine for building without a permit. Instead, Title 9 of the Delaware Code gives each of the three counties its own building permit chapter, and the penalty depends on where the work sits. In unincorporated New Castle County, the owner and every builder or contractor who took part can each be fined up to $1,000 per offense, and each day the violation continues counts as a separate offense. In unincorporated Sussex County, the statute fixes a fine of $50 to $200 for each offense on the owner and anyone who helped do the unpermitted work. In Kent County, the statute leaves penalties to county ordinance, and incorporated cities and towns enforce their own codes.

Cited from 9 Del. C. 2513 (New Castle County); 9 Del. C. 6310 (Sussex County); 9 Del. C. 4410 (Kent County): official text. Localities enforce these rules and may add their own fees and procedures on top.

Can you get a permit after the work is done?

No Delaware statute creates an as-built or after-the-fact permit, or sets an investigation fee or fee multiplier for work already done; that is left to county and municipal ordinance and fee schedules. The county chapters do set the mechanics: the building official may serve a written order to stop work until a permit is obtained, the person served has 5 days to comply, and a building constructed without a permit may not be occupied or used without the official's permission. In New Castle County, the Attorney General, County Attorney or Code Enforcement Constable may also bring abatement proceedings on top of the fines.

Cited from 9 Del. C. 4408, 4409 (Kent County); 9 Del. C. 6308, 6309 (Sussex County); 9 Del. C. 2512, 2514 (New Castle County): official text.

The typical path, whatever your locality calls it: stop any ongoing work, contact the permit office before they contact you, apply for the permit describing what was actually built, and expect the office to require opening up or inspecting concealed work. Voluntarily coming forward generally goes better than waiting for a complaint or a sale to surface it.

Who can pull the permit

Yes. Delaware homeowners may pull permits and do their own work, with trade-specific conditions. Sussex County's statute expressly lets any owner who wants to do their own work on their own building get a permit, and Kent County issues permits in the owner's name. For electrical work, a homeowner wiring their own home that is not for sale or rent must get a homeowner's permit from the Board of Electrical Examiners and pass a final inspection; swimming pools and hot tubs are excluded. Homeowners may do their own plumbing and HVACR work (but not gas piping) in their own home that is not for sale, rent or lease, and for plumbing must file a permit application with the inspection authority.

Cited from 9 Del. C. 6302(b); 9 Del. C. 4402(b); 24 Del. C. 1417; 24 Del. C. 1807(c)(2); 24 Del. C. 1820(c)(2); 16 Del. C. 7906(c): official text.

Common questions about unpermitted work in Delaware

What is the penalty for building without a permit in Delaware?
Delaware sets no single statewide fine for building without a permit. Instead, Title 9 of the Delaware Code gives each of the three counties its own building permit chapter, and the penalty depends on where the work sits. (9 Del. C. 2513 (New Castle County); 9 Del. C. 6310 (Sussex County); 9 Del. C. 4410 (Kent County))
Can you get a permit after the work is done in Delaware?
No Delaware statute creates an as-built or after-the-fact permit, or sets an investigation fee or fee multiplier for work already done; that is left to county and municipal ordinance and fee schedules. The county chapters do set the mechanics: the building official may serve a written order to stop work until a permit is obtained, the person served has 5 days to comply, and a building constructed without a permit may not be occupied or used without the official's permission. (9 Del. C. 4408, 4409 (Kent County); 9 Del. C. 6308, 6309 (Sussex County); 9 Del. C. 2512, 2514 (New Castle County))
Who can pull a permit in Delaware?
Yes. Delaware homeowners may pull permits and do their own work, with trade-specific conditions. Sussex County's statute expressly lets any owner who wants to do their own work on their own building get a permit, and Kent County issues permits in the owner's name. (9 Del. C. 6302(b); 9 Del. C. 4402(b); 24 Del. C. 1417; 24 Del. C. 1807(c)(2); 24 Del. C. 1820(c)(2); 16 Del. C. 7906(c))

Was a permit needed in the first place?

Not every project needs one. Across the 2 Delaware jurisdictions we have verified, 0 answered rules need no permit at all and 12 turn on a size or scope condition the jurisdiction publishes. If the work falls under one of those, the question changes from penalties to paperwork.

What you can build without a permit in Delaware, jurisdiction by jurisdiction

Related situations in Delaware

How Delaware compares: building without a permit, state by state.

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Your local permit office

Enforcement, after-the-fact fees, and the exact fix-it process are local. We cover these Delaware permit offices:

Official sources

This page summarizes state law from the official sources listed above, with a last checked date. It is not legal advice. Penalties and procedures are applied by local offices and courts case by case; for anything contested or high stakes, confirm with your permit office or a licensed professional in Delaware.