Tiny home rules in Wilmington, DE — covering tiny houses on wheels (THOWs), park model RVs, and tiny home on foundation builds — determine where they are legal and how they get permitted.
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk regulations - there is no separate 'tiny home' use category. Any permanent dwelling must meet the minimum lot, yard, height, and floor-area standards of its zoning district and comply with the Delaware State Building Code (ICC IRC family).
Wilmington has no standalone 'tiny home' chapter; permanent dwellings are regulated under City Code Chapter 48 (Zoning) and must satisfy the bulk, area, and use standards of their underlying residential district (R-1, R-2, R-3, R-4, R-5A, R-5B, etc.). Each district sets minimum lot area, lot width, front/side/rear yards, and maximum height; some districts also impose minimum dwelling-unit floor area. Confirm the exact minimum dwelling floor area for your specific district with the Wilmington Department of Licenses and Inspections (L&I, 302-576-3050) or Land Use & Planning before purchase. A tiny home on a permanent foundation is built and inspected to the International Residential Code adopted as part of the Delaware State Building Code; the IRC sets minimum room dimensions, ceiling height, and life-safety standards (e.g., IRC R304-R305 for habitable rooms). The 2018 IRC's Appendix Q (Tiny Houses, dwellings 400 sq ft or less) is only effective in Delaware if locally adopted - confirm adoption with L&I. Movable tiny houses on wheels are generally classified as recreational vehicles or manufactured homes, not permanent dwellings, and may not be used as a primary residence on a typical Wilmington residential lot. Accessory dwelling units (ADUs) are not broadly authorized in Wilmington's standard residential districts; any second dwelling unit must be permitted by the underlying district. Delaware has no statewide preemption that overrides Wilmington's zoning and floor-area minimums. Confirm with Wilmington Land Use & Planning at 302-576-3000 before relying on a tiny-home plan.
Occupying or constructing a dwelling that does not meet the minimum floor area, yard, height, or use rules of its zoning district, or placing a tiny house on wheels as a permanent residence in a residential district, can trigger zoning enforcement, stop-work orders, code-compliance orders, and fines under Chapter 48 and the Delaware State Building Code.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
Wilmington, DE
Wilmington levies a 1.25% wage tax on city earnings and a head/business license tax. Delaware separately taxes business gross receipts; there is no general s...
Wilmington, DE
Wilmington imposes an 8% city lodging tax on hotel and short-term-rental stays under 60 days. Delaware also imposes a state public accommodations tax; combin...
See how Wilmington's tiny homes rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.