Wilmington, DE Building Safety: Building Permits (2026)
Key Facts
- Issuing office
- Building inspector
- Issuance deadline
- 10 days after application
- Temporary CO
- Allowed for part of building
- Exempt work
- Minor alterations, no use change
Summary
No one may occupy a new, altered, or converted building in Wilmington until the building inspector issues a certificate of occupancy confirming the use conforms to the zoning code.
It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in its use or structure, except for minor alterations involving no change in the floor area or use, until a certificate of occupancy shall have been issued therefor by the building inspector.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Wilmington City Code Sec. 48-37 bars using or permitting the use of any building, structure, or premises that has been created, erected, changed, converted, altered, or enlarged until the building inspector issues a certificate of occupancy. Minor alterations that don't change floor area or use are exempted. The building inspector must issue the certificate within ten days of a proper application, and the certificate must show the building and its use conform to the zoning code or a zoning board of adjustment order. A temporary certificate can cover part of a building under the inspector's rules. Certificates cannot be issued while a zoning-reclassification ordinance affecting the property is pending before city council.
Violations & Fines
Occupying or using a building without an issued certificate of occupancy violates Sec. 48-37 and is enforced by the department of licenses and inspections, subject to the zoning chapter's general penalty provisions at Sec. 48-31.
Frequently Asked Questions
When does Wilmington require a certificate of occupancy?
How fast must the city issue the certificate?
Sources & Official References
Other rules in Wilmington
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