31 Del. C. ch. 41 § 4127
Condemnation
Operative Text
(a) In general. — When a structure is found by the code official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, it may be condemned pursuant to this chapter and may be placarded and vacated. Such condemned structure shall not be reoccupied without approval of the code official, but such approval may not be withheld upon completion of specified corrections of violations. (b) Unsafe structure. — An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or the structure’s occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that it is likely to partially or completely collapse. (c) Unsafe equipment. — Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use. (d) Structure unfit for human occupancy. — A structure is unfit for human occupancy or use whenever the code official finds that it is unsafe or, because it lacks maintenance and is in extreme disrepair, is unsanitary, vermin- or rat-infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter. (e) Closing of vacant structures. — If the structure or part thereof is vacant and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the code official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause it to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 4134 of this title.
Under 31 Del. C. ch. 41 § 4127, a code official in Delaware has the authority to condemn a structure that is found to be unsafe or unfit for human occupancy, requiring it to be placarded and vacated. The provision defines unsafe structures as those at risk of partial or complete collapse, and unfit structures as those lacking essential maintenance, sanitation, or required facilities. Once condemned, a structure cannot be reoccupied until the code official approves, though that approval cannot be withheld once the specified violations have been corrected.
Plain English — not legal advice.
Under 31 Del. C. ch. 41 § 4127, property owners and managers generally maintain structures in a condition that avoids findings of unsafety or unfitness — addressing structural integrity, equipment condition, sanitation, ventilation, and heating before a code official's inspection triggers condemnation. When a condemnation order is issued, compliant operators promptly complete the corrections specified by the code official to restore eligibility for reoccupancy approval. For vacant structures found unfit, owners are expected to secure and close the premises within the timeframe stated in any official order; failure to do so can result in the municipality arranging closure and placing the associated costs as a lien on the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 31 Del. C. ch. 41 § 4127, tenants living in a structure that has been condemned or placarded have a right to understand that reoccupancy cannot lawfully occur without code official approval, and that such approval must be granted once the owner completes the required corrections. If a tenant believes their dwelling is unsafe, structurally compromised, unsanitary, vermin-infested, or lacking essential facilities, they may consider reporting those conditions to the local code enforcement office, which has authority to inspect and issue condemnation orders under this provision. Tenant-rights organizations and legal aid services can help tenants understand what options may be available when a landlord fails to address conditions that could meet the thresholds described in § 4127.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation