31 Del. C. ch. 41 § 4132
Demolition
Operative Text
(a) In general. — The code official may order the owner of premises upon which is located any structure or part thereof, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, so that it would be unreasonable to repair the same, to raze and remove such structure or part thereof; or, if it can be made safe by repair, to repair and make safe and sanitary or to raze and remove at the owner’s option; or, where there has been a cessation of normal construction of any structure for a period of more than 2 years, to raze and remove such structure or part thereof. (b) Order. — The order shall specify a time in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or an agent where an agent is in charge of the building and upon the holder of any lien in the manner provided for service of a summons by a court of record. If the owner or a holder of a lien of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing it once each week for 3 successive weeks in a newspaper of general circulation in accordance with the rules of the Justice of the Peace Court. (c) Restraining actions. — Anyone affected by any such order may, within 30 days after service of such order, apply to a Justice of the Peace Court for an order restraining the code official from razing and removing such structure or parts thereof. The Court shall determine whether the order of the code official is reasonable, and if found unreasonable, the court may issue a restraining order. (d) Failure to comply. — Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the code official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in § 4134 of this title. (e) Salvage materials. — When any structure has been ordered razed and removed the code official or other designated officer may sell the salvage and valuable materials resulting from such razing or removal, such materials to be sold at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who may be entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
Under 31 Del. C. ch. 41 § 4132, a code official in Delaware has the authority to order the demolition or repair of structures deemed dangerous, unsafe, unsanitary, or unfit for habitation — including buildings where construction has stalled for more than two years. The order must be formally served on the property owner and any lienholders, and it must specify a compliance deadline. If the owner does not comply in time, the government may carry out the demolition itself and place the cost as a lien on the property; any proceeds from salvaged materials are returned to those entitled after expenses are deducted.
Plain English — not legal advice.
Property owners subject to a demolition order under 31 Del. C. ch. 41 § 4132 generally respond within the timeframe specified in the order, choosing either to repair the structure to a safe and sanitary condition or to raze and remove it. Compliant operators keep records of service notices and communicate with any lienholders, since both parties are entitled to formal notice under this provision. Owners who believe an order is unreasonable have a 30-day window from service to seek a restraining order from a Justice of the Peace Court, which is the designated review mechanism under § 4132(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and other affected parties should be aware that 31 Del. C. ch. 41 § 4132 gives a code official the power to order demolition or repair of structures found to be unsafe or unfit for human habitation. If you occupy a building subject to such an order, you may be considered an "affected" party and could have standing to seek judicial review through a Justice of the Peace Court within 30 days of the order being served. Tenant-rights organizations in Delaware can help explain what options may be available when a demolition order affects a residence, including how to access information about the order and any applicable timelines.
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