Delaware

Delaware Permit Guide for Metal Carports, Garages and Barns

Delaware carport permits depend on your county or town, since the state does not have one statewide building code for homes and outbuildings. State law lets each of the three counties (New Castle, Kent and Sussex) adopt and enforce its own building code, and each one has picked its own edition. Towns and cities often run their own permit offices, so the first question is whether your land sits inside town limits. Outside town limits, the county is the office you deal with for a metal carport, garage or barn.

Building code in effect

There is no single statewide residential building code in Delaware. Under 16 Del. C. § 7601, Kent County Levy Court and the New Castle and Sussex County Councils may adopt building, plumbing and electrical codes and charge fees to enforce them. Each county has done so with a different edition. New Castle County uses the 2021 International Building Code and 2021 International Residential Code, effective January 1, 2024, with local changes in Chapter 6 of the County Code. Kent County uses the 2018 International Building Code and 2018 International Residential Code with county amendments, adopted August 18, 2020 and effective October 5, 2020. Sussex County uses the 2021 International Building Code and 2021 International Residential Code, effective January 1, 2023 (Chapter 52 of the Sussex County Code). The state does set some minimums: under 16 Del. C. § 7602, county and town codes must meet the energy code adopted by the Delaware Energy Office, and Kent County lists the 2023 National Electrical Code as effective January 1, 2026.

Who issues permits

Building permits come from the county for unincorporated land and from the town or city for land inside town limits. New Castle County handles permits through its Department of Land Use (87 Reads Way, New Castle, 302-395-5400). Kent County's building permit office can be reached at 302-744-2451. In Sussex County the Building Permit Counter (302-855-7720) issues permits, the Building Code Office (302-855-7860) does plan review and inspections for unincorporated areas and 14 towns, and Planning and Zoning (302-855-7878) checks zoning, setbacks and site plans. Zoning approval is a separate check from the building code, and electrical work is permitted and inspected on its own.

County permit guides

When you need a permit

New Castle County: The county code exempts one-story detached sheds, playhouses and gazebos up to 200 square feet from a permit, and the county's 2023 code update clarified that carports, pergolas and patio covers under 200 square feet are exempt. Bigger than that, plan on a permit.
Kent County: Kent County requires a permit for carports 301 square feet or larger and for any detached garage or pole building, with no size cutoff listed for those. Anything in a flood plain needs a permit no matter the size.
Sussex County: Sussex County says you need a county building permit for a garage, shed or similar structure, and the fee is based on size and materials. Under the county code, carports under 400 square feet are excluded from inspections.
Enclosing a carport: Adding walls turns a carport into a garage or storage building in the eyes of most offices. In Kent County that means it moves from the 301 square foot carport rule to the garage and pole building rule, which needs a permit at any size.
Commercial property: Buildings on commercial or multi-family lots fall under the International Building Code, not the residential code, and usually need sealed plans. Ask the county or town before ordering.

Farm buildings

Delaware leaves farm buildings mostly to the counties. Under 16 Del. C. § 7602(a), county and town governments may exclude agricultural structures from the state energy code rules. Sussex County Code § 52-1B exempts nonresidential farm buildings on a farm from the building code's construction rules, but says building permits are still obtained for assessment purposes. New Castle County's Chapter 6 says the building code does not apply to buildings needed to run a farm on land used only for agriculture, though houses on farm land are still covered. Kent County's permit page lists agricultural buildings among the projects that need a permit. Zoning, flood plain and electrical rules still apply, so call the county with your farm details before you build.

Wind and snow

Delaware is low and flat, and much of Sussex and Kent County sits close to the Delaware Bay or the Atlantic. Hurricanes and nor'easters bring strong wind and storm surge, and flood zones reach well inland along creeks and marshes. Winters bring some snow, more often in the north around Wilmington. Your county sets the wind speed and snow load your building has to meet, so ask for those numbers when you call. Our partnered manufacturers offer certified buildings rated for 140 MPH wind and 35 PSF snow load, and higher ratings can be quoted where required.

Before you order

Find out if your land is inside a town. Towns often have their own permit office, and in Sussex County you should check with the town first.
Check the flood map before you order. Kent County requires a permit for any work in a flood plain, and Sussex County may require a flood review and special construction.
Ask about a survey. New Castle County wants a sealed lines and grades plan for buildings 480 square feet and larger, and Kent County now requires lines and grade surveys on lots under half an acre.
Read your deed and HOA rules. Sussex County says it does not enforce private deed restrictions, so they are on you to follow.

Common questions

Do I need a permit for a carport in Delaware?
It depends on the county and the size. New Castle County exempts carports under 200 square feet, Kent County requires a permit at 301 square feet and up, and Sussex County asks for a building permit but skips inspections for carports under 400 square feet. Towns can have their own rules.

Do I need a permit for a metal garage in Delaware?
Yes, in almost every case. Kent County requires a permit for any detached garage or pole building, Sussex County requires a county building permit for garages, and New Castle County requires one above its small accessory building exemption.

Are farm buildings exempt?
Partly, and it varies by county. Sussex County exempts farm buildings from building code construction rules but still issues permits for assessment, New Castle County's code does not apply to buildings used only for farming, and Kent County lists agricultural buildings as needing a permit. Call your county first.

Sources

Permit rules change. Always confirm with your local permit office before you build.

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