Kent County, DE Building Safety: Building Permits (2026)
Key Facts
- Enforcing agency
- Dept. of Planning Services building official
- Permit expires
- 180 days after issuance if work not begun
- Completion deadline
- Two years, one 12-month renewal available
- Small-shed exemption
- Detached sheds under 300 sq ft, one story
- First-offense fine
- $100 mandatory minimum
- Legal authority
- 9 Del. C. § 4414, Levy Court ordinance power
Summary
Kent County requires a permit from the Department of Planning Services before constructing, enlarging, altering, moving, demolishing or changing the occupancy of any building or structure. A short list of low-risk work, like small sheds and driveways, is exempt, but most construction must be permitted and inspected under the county's adopted International Building and Residential Codes.
§ 105-4. Permits. A. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure ... or to cause any such work to be done, shall first make application to the building official and obtain the required permit. ... B. Exemptions. ... Permits shall not be required for the following: (1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 300 square feet. ... (3) Retaining walls that are not over four feet (1,219 mm) in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. ... (5) Sidewalks and driveways.
Full Breakdown
D(1)-(2). B exempts a defined list of minor work from this requirement, including one-story detached accessory structures like sheds and playhouses under 300 square feet (B(1)), retaining walls not over four feet high unless holding back a surcharge or hazardous liquid (B(3)), water tanks under 5,000 gallons on grade (B(4)), and sidewalks and driveways (B(5)); everything else needs a permit. D. G). I). A(3)).
Violations & Fines
Building without the required permit, or in violation of approved plans, is a chargeable offense under § 105-14.D with fines of $100 for a first offense, $250 for a second, $500 for a third, and $1,000 to $10,000 (or up to 10 days' imprisonment) for a fourth or subsequent offense; the $100 minimum cannot be suspended and each continuing day is a separate offense. The building official may also issue a stop-work order under § 105-15 with the same escalating fines for continued work, and can suspend or revoke a permit issued in error under § 105-4.J.
Frequently Asked Questions
When does Kent County require a building permit?
How long is a Kent County building permit valid?
Is a shed exempt from a Kent County building permit?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware building safety overview
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