Middletown building department

The Town of Middletown Permits, Licensing & Inspections Department issues building, plumbing, HVAC, sign, and demolition permits inside town limits. It also handles business licenses and rental registration. The office is at Town Hall, 19 W. Green Street. In-person service runs from 8 a.m. to 4 p.m., and phone calls are taken until 4:30 p.m. Property outside town limits goes to New Castle County.

What needs a permit

The town requires a building permit for:

• Patios, decks, and patio covers
• Chimneys and garages
• Heating, air-conditioning, and ventilation systems
• Swimming pools
• Tool and storage sheds
• Added or changed rooms, dormers, windows, and wall openings
• Electrical circuits
• Enclosing a porch or converting a garage to living space
• Roofing repair or replacement, and termite or masonry repair
• Demolition
• Commercial tenant fit-outs and additions

A few rules that catch people out:

• Sheds need a permit regardless of size or type.
• Dog houses do not need a permit if they are 200 sq ft or less.
• New paver or concrete patios, walkways, and driveways, and extensions of existing ones, get a free zoning “courtesy review” with no inspection. They must be at least 2 feet from the adjacent property line. Replacing an existing walkway or driveway without enlarging it does not need the review.
• Moving a business into a commercial space requires the tenant fit-out permit, even with no construction. You also need it to get a business license.

The town does not enforce HOA rules; get any HOA approval separately.

Adopted codes (effective June 2, 2025)

Middletown adopted these codes on June 2, 2025:

• 2024 International Residential Code, with town amendments
• 2018 International Energy Conservation Code
• 2021 International Plumbing Code, with amendments
• 2024 International Mechanical Code
• 2024 International Existing Building Code
• 2024 International Fuel Gas Code

Under the town’s new-home submittal pack, every new house needs:

• A complete fire sprinkler plan (IRC Section P2904 or NFPA 13D-2022)
• Radon-resistant construction under IRC Appendix BE
• An HVAC submittal with Manual J, Manual S, and a duct layout
• A plumbing drain-waste-vent diagram with the water heater size and efficiency

How to apply

Applications are paper or PDF forms, available at Town Hall and on the department’s web page. Each project type has a permit pack with the application, a sample plot plan, and drawing templates. Fees are paid in full when you pick up the permit.

• Decks: 3 copies of a plot plan or mortgage survey showing setbacks to the deck, plus 3 sets of construction drawings
• Sheds: 3 copies of the plot plan with shed size and setbacks. The minimum side and rear setback for accessory structures is 5 feet. Sheds built on site also need 3 sets of drawings with floor, wall, and roof details. Delivered sheds don’t need drawings.
• New homes (production builders): Each model home is reviewed once, with 2 sets of plans at 24x36 or larger plus an electronic set. Each lot then needs building, plumbing, and HVAC applications, a sealed lines-and-grades plan (one 11x17 set plus an electronic copy), and a zoning compliance form.
• Commercial: Plans must show code compliance. Minor work that doesn’t create new rooms may be unsealed. Other plans must be sealed by a Delaware-licensed architect, or by an engineer for engineering drawings.

Structures placed in a utility easement may have to be removed at the owner’s expense if the utility needs access.

Permits are valid for one year after approval. You can apply for a 180-day extension using the town’s extension request form.

Fees (residential schedule revised July 2025)

Permit	Total (permit + plan review + inspections)
Deck, single story / two story	$150 / $175
Shed, placement only / stick-framed	$75 / $125
New swimming pool	$175
Solar panels or geothermal	$150
HVAC or water heater fuel-source change	$125 / $100
Roof, siding, or window replacement	$40 each
Demolition	$125
Lawn irrigation	$75
Certificate of occupancy	$50

Additions, finished basements, garages, sunrooms, and screened porches have three fees:

• A building permit fee of $12 per $1,000 of valuation ($40 minimum)
• A plan review fee of $50 to $200
• A $75 inspection fee

Model-home plan review is $200 per model. There are separate fee sheets for new residential and commercial construction.

Inspections

To schedule an inspection, call (302) 378-1171. Requests must be confirmed by 2:30 p.m. for a next-day inspection. Give the permit number and address. The inspector may arrive up to 1 hour before or after the scheduled time. Keep the posted permit and approved plans on site.

Decks need at least three inspections:

• Footing: holes free of loose soil and water. If concrete isn’t poured the same day, call for a separate pour inspection.
• Framing: required at any height, before lattice or decking hides the structure.
• Final

Deck steps that rise 30 inches or more need footings. Sheds get a footing inspection (if applicable) and a final.

The town does not inspect electrical work. Electrical work is regulated by the state, and a third-party agency must inspect it; the town’s packs direct applicants to the Delaware Board of Electrical Examiners for electrical permits.

Contractor licensing and rentals

Every contractor and subcontractor working in town limits needs an active Town of Middletown business license. A state or county license is not enough. Plumbing and HVAC contractors also need their Delaware professional license. When a contractor changes mid-project, file a letter and a new application. The original permit holder remains responsible until the permit is transferred.

Rental properties must be registered every 3 years. Registration is free, but each new tenant triggers an inspection:

• The first inspection costs $75, paid before scheduling.
• The first re-inspection is free.
• Each inspection after that is $75.