Accessory Structures in Delaware (2026)
14 rules on the books across Delaware, 4 cities and counties. Select a rule to read the full details.
Severity: Few Restrictions · Light Restrictions · Some Restrictions · Significant Restrictions · Heavy Restrictions
ADU Rules
Rules for building accessory dwelling units (granny flats, in-law suites) including size limits, parking requirements, and owner-occupancy rules.
Kent County
Some RestrictionsChapter 101 of the Kent County Code, adopted September 26, 2023, permits one accessory dwelling unit (ADU) per…
Read full rule →New Castle County
Some RestrictionsNew Castle County allows one accessory dwelling unit per single-family detached lot, but the owner must live in the…
Read full rule →Sussex County
Some RestrictionsSussex County allows one accessory dwelling unit per single-family lot in the AR-1 and AR-2 Agricultural Residential…
Read full rule →ADU Owner Occupancy
Whether the property owner must live on-site to operate an ADU, deed-restriction requirements, and recent state-law changes lifting owner-occupancy rules.
Kent County
Significant RestrictionsKent County Code § 101-3.D requires that "one dwelling unit on the property shall be owner-occupied" wherever an…
Read full rule →New Castle County
Some RestrictionsNew Castle County requires ADU owners to live in either the main house or the accessory unit, backed by a signed…
Read full rule →ADU Rental Restrictions
Whether an ADU can be rented short-term (Airbnb), 30-day minimums, separate rental licenses, and long-term lease requirements.
Shed & Carport Rules
When a storage shed or carport needs a permit, the square-footage exemption thresholds, and the setback and height limits that apply either way.
Kent County
Some RestrictionsDetached sheds, garages, and other accessory buildings in unincorporated Kent County must stay out of the front yard or…
Read full rule →New Castle County
Some RestrictionsCarports count as freestanding accessory structures under the Unified Development Code: they're barred from front…
Read full rule →Sussex County
Some RestrictionsA detached accessory building in unincorporated Sussex County, like a shed or workshop, cannot exceed 600 square feet…
Read full rule →Wilmington
Some RestrictionsWilmington requires a building permit for any shed, regardless of size, since sheds aren't on the building code's…
Read full rule →Garage Conversions
Rules for converting a garage into living space, including whether you need to replace the lost parking and what building codes apply.
Tiny Homes
Zoning rules for tiny houses on wheels and foundations, including minimum square footage requirements and where they can be placed.
Delaware: statewide
StatewideSome RestrictionsA factory-built tiny or manufactured home used as a permanent Delaware dwelling must be set by a state-licensed…
Read full rule →New Castle County
Significant RestrictionsNew Castle County zones tiny homes as "small single-family detached dwellings," a defined use capped at under 750…
Read full rule →Kent County
Some RestrictionsKent County permits tiny houses by adopting IRC Appendix Q outright, without local changes. Tiny house construction…
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