How does code enforcement work in New Castle County?
New Castle County enforces the 2024 International Property Maintenance Code. That code covers things like roofs, siding, broken windows, tall grass, trash, and unsafe structures.
When an inspector finds a problem, it usually goes one of two ways:
- Tickets: fines of $50, then $75, then $100.
- Unticketed violations: a Show Cause hearing, a case in Justice of the Peace Court, and possible county abatement, where the county does the work and bills you.
Since 2018, final unpaid code fees, fines, and abatement costs go on the property tax bill and are collected like taxes. Left alone, a small violation can grow into a tax delinquency. See behind on property taxes for what happens next. To report a problem or ask about a case, the county's line is 302-395-5555, and its code enforcement page has details.
What are Wilmington's vacant property fees?
Inside Wilmington, the city's Licenses and Inspections department handles code enforcement, rental licenses, and vacant property registration.
Under Ordinance 24-037, effective January 1, 2025, a property vacant for 6 consecutive months must be registered within 30 days. Annual fees rise the longer it sits empty:
| Time vacant | Annual fee |
|---|---|
| Less than 1 year | $0 |
| 1 to 2 years | $500 |
| 2 to 3 years | $2,500 |
| 3 to 4 years | $5,000 |
| 4 to 5 years | $10,000 |
| 5+ years | $12,000 |
Whoever owns the property on November 1 pays that year's fee. Failing to register brings a $500 fine, then $10 per day. There are waivers, including a one-time waiver for substantial rehab or an active sale, and for occupancy-ready properties actively for sale or lease. Confirm your status with Wilmington L&I. Rental properties also need an annual Residential Property Rental License.
Can you sell with open violations?
Yes. Delaware does not ban selling a house with open code cases. What changes is who will buy and how.
- Financed buyers may struggle. Lenders and appraisers often flag serious safety issues, and a buyer's inspector will find what the county found.
- Cash investors commonly buy with open violations and plan to fix them after closing.
- Money owed still gets paid. Fines and abatement costs that are on the tax bill are paid from your proceeds at settlement, like other liens.
You still have to be honest. Delaware's seller disclosure law requires sellers to disclose known material defects in writing, and a violation notice is strong evidence that you knew. Our guide on selling as-is in Delaware covers disclosure in more detail.
Fix first or sell as-is?
The choice usually comes down to the size of the repairs and how much time you have.
| Situation | Often makes sense to |
|---|---|
| Minor items: grass, trash, a broken window | Fix, close the case, and list |
| Larger items with money and time available | Fix and list, or use a program like Fix & List |
| Major structural or roof problems | Sell as-is to a buyer set up for rehab |
| Fines climbing and no time | Sell as-is quickly to stop the meter |
If you do repairs, ask the inspector to close out the case in writing. A clean record helps your buyer and your price. If the work is large, remember that permits may be required, and inspectors will check the permit work too.
What do common code violations mean for a sale?
Not every violation is equal. Some barely affect price; others can stop a financed sale cold.
- Exterior upkeep such as tall grass, trash, or peeling paint is usually cheap to fix and quick to close out.
- Broken windows, doors, and missing handrails are safety items that inspectors and appraisers notice.
- Roof leaks, sagging porches, and structural damage can make a lender refuse to finance until repaired.
- Unpermitted work, like a finished basement or added bathroom done without permits, may need permits pulled after the fact or the work removed.
- Unsafe or condemned status means no one can live there until the problems are fixed, which limits buyers to investors.
Knowing which group your violations fall into helps you decide whether a quick fix is worth it or whether an as-is sale is the smarter move. If the house is also sitting empty, read selling a vacant house in Delaware, because vacancy adds its own fees and insurance limits.
What should you do this week?
- Get a copy of every open notice and ticket from the county or the city.
- Ask for a current balance of fines and any abatement charges, and whether they are on your tax bill.
- If the house is in Wilmington and empty, confirm your vacant registration status.
- Get at least one repair estimate for the items listed.
- Compare the cost to fix against an as-is offer using our cash vs. list calculator.
Having the paperwork in hand lets any buyer give you a firm number instead of a guess. It also shows the county you are working on the problem, which can matter if your case is headed to a hearing. Keep copies of every letter, receipt, and photo of completed work in one folder.
How do we buy houses with code violations?
Silverside Home Buyers buys houses in Wilmington and across New Castle County with open code cases. We take on the repairs after closing, and outstanding charges on the tax bill are paid off at settlement.
- A cash offer if you want to stop fines and walk away.
- Fix & List if the house would sell well once the violations are cured. We do the work; any licensed Delaware agent you choose (we take no commission or referral fee) lists it.
- Seller financing in some cases where you own the house free and clear.
An as-is offer is below what a repaired house would bring. We will walk you through our repair estimate. Call (302) 525-0787.
General information, not legal or tax advice.
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Get My Written Offer Call (302) 525-0787Frequently asked questions
Can I sell a house with code violations in Delaware?
Yes. Many cash buyers purchase with open violations, and any charges on the tax bill are paid at settlement.
How much are New Castle County code tickets?
Tickets run $50, then $75, then $100. Unticketed violations can go to a Show Cause hearing and JP Court.
Do unpaid code fines become a lien?
In New Castle County, final unpaid code fees, fines, and abatement costs go on the property tax bill and are collected like taxes.
What is Wilmington's vacant property fee?
Nothing in the first year, then $500, $2,500, $5,000, $10,000, and $12,000 for 5+ years, based on time vacant.
Do I have to disclose code violations when I sell?
Delaware requires sellers to disclose known material defects in writing, unless an exemption applies.
Who pays the Wilmington vacant fee if I sell mid-year?
The owner of record on November 1 pays that year's fee.
Sources
- New Castle County Code Enforcement
- Wilmington Vacant Property Registration Program
- New Castle County Taxes
General information, not legal, tax, or financial advice. Laws, fees, and schedules change. Confirm with the office named or your attorney.
