What To Know About Permits & HOAs When Building a Custom Home

permits and HOAs when building a custom home

When you make the decision to build a custom home in Delaware, your thoughts might immediately go to the floor plan or the style of house you want to build. You might also dream of a beautiful kitchen or the number of bedrooms and bathrooms that you’ll have in your new house. These details are part of the fun of building a completely custom home.

Before construction can begin, however, certain legal and technical requirements must be fulfilled. In Delaware, you will be required to obtain building permits from the county and potentially from your municipality as well. You may also be required to obtain other approvals from the government, along with HOA approval of your building plans. At Carl Deputy and Son Builders, we can walk you through each step of the process and obtain the necessary permits and approvals for you.

Based in Felton, Carl Deputy and Son Builders construct gorgeous new custom and semi-custom homes in Kent and Sussex Counties in Delaware and along Maryland’s Eastern Shore. We can build on your lot within an HOA community or elsewhere. All of our houses are built to last, with high-quality materials and the finest craftsmanship. Reach out to our construction firm today to talk to a member of our design team about your Delaware custom home.

When Will I Need a Building Permit?

Generally, residential construction work requires a building permit in counties and towns across Delaware. There are exceptions for smaller home improvements, but bigger renovations and new construction will certainly require a permit. The rules for these permits vary based on the community.

The exact permits that you will need will vary based on what you are building and where you are building it. For new construction homes in Delaware, you will potentially need a building permit from both the county and city where your custom home will be built. You might also need additional permits or licenses depending on the specifics of your property and the anticipated project.

Why Building Permits Exist

Building permits can seem onerous. They’re another step in the process that can add time and money to your custom home construction. Yet building permits are required for several very good reasons.

Ensuring Safety

First, building permits ensure that your custom home will be built to code and will be safe for occupancy. If a builder doesn’t have to get a permit, then no one is necessarily looking over their shoulder to make sure that the house is built correctly. The permitting process requires the submission of plans and other documentation that will be reviewed for code compliance.

Preventing Disputes

Second, building permits can help prevent property disputes. Generally, building permits will 

require the submission of a plot plan. An inspector will then make sure that you haven’t encroached on a neighbor’s property. This can ultimately save you a lot of expense in the future by making sure that your house is built entirely on your own property.

Raising Standards

Third, you simply won’t be allowed to build a custom home in Delaware without the appropriate permits. Building inspectors will typically pull copies of all permits and paperwork related to the project. If you don’t have the necessary permits, then the local government authority will likely halt construction. These inspections will then continue throughout construction at key stages (such as foundation, framing, plumbing, and electrical) to ensure compliance with building codes and safety standards.

Of course, building codes set the minimum standard for construction. At Carl Deputy and Son Builders, we go far beyond what is required by building codes to construct exceptional custom homes. We use the highest quality materials and the finest craftsmanship to build top-of-the-line houses for homeowners throughout Kent and Sussex Counties.

We also handle the permitting process for our clients. We are familiar with the requirements for each jurisdiction. We will gather the necessary documentation and apply for permits while you are finalizing the details of your house design. Once all of the permits are in place, we can get to work building your beautiful new custom home.

Building Permits in Kent County, Delaware

In Kent County, you must secure a building permit to begin any construction project on your property. Permits are required for:

  • Accessory structures, including sheds, gazebos, and playhouses over a certain size, solar panels, detached structures, and pools;
  • Additions, including interior renovations, decks larger than 16 square feet, and structural renovations;
  • Demolition of structures;
  • Commercial construction;
  • Manufactured homes, and
  • Construction of both detached and attached single-family homes and tiny homes.

If you need to tap into the Kent County sewer system, then you will also need a sewer permit.  Both types of permits can be obtained online. Depending on where your property is located, you may also need a permit to build in a historic district and/or a watershed area.

Kent County includes both incorporated and unincorporated areas. If you live in an incorporated area, then you will likely have to obtain an additional permit. For example, the city of Dover requires a permit for all new construction homes, along with additions, renovations, and other work. Our Delaware custom home builders will make sure that you have all the required permits in place before construction begins.

Building Permits in Sussex County, Delaware

Like Kent County, Sussex County requires homeowners to obtain a permit for all construction activity, including new construction, remodeling, and additions. For single-family homes, a permit will be issued after submitting:

  • Septic approval
  • Well permit
  • Highway entrance permit
  • County sewer approval
  • Setback review
  • Building plans
  • Conservation district plan review
  • Proof of transfer tax payment

Some of these requirements, such as a well permit, are only applicable in certain areas.

Some municipalities in Sussex County also require a building permit. For example, in Georgetown, a building permit is required for all new construction houses. In addition, all contractors doing work within Georgetown are required to have a town business license. In Sussex County, Carl Deputy and Son Builders will obtain all required county and local permits before starting construction.

Will an HOA Have a Say in My Custom Home Build?

In Delaware, planned communities and developments have become increasingly common. In many cases, these communities come with a homeowners association (HOA). HOAs are private organizations that are set up to manage a residential community. HOAs collect fees, maintain common areas, and collect fees from residents. For example, an HOA in a development might assess a monthly fee for all residents. This fee might be used for things like maintaining landscaping or operating a community pool.

HOAs also typically establish covenants, conditions, and restrictions (CC&Rs). These are essentially rules for things like property maintenance, housing style, landscaping, and other issues related to the community. Generally, these rules apply to how residents act and maintain their homes within public areas of the community. For example, there might be a restriction on things like storing an RV in a driveway in front of your house or operating a home business in the neighborhood.

HOAs are tasked with enforcing these CC&Rs. This can include things like collecting fees, assessing fines, and issuing notices of noncompliance. For example, if you fail to maintain your lawn, the HOA might send a warning letter and ultimately issue a fine for violating the rules.

Many HOA bylaws include a requirement that building plans be submitted for approval by the board. This means that if you purchased property within an HOA community, you will likely be required to submit your completed housing plans to the HOA for approval. While these will be the same building plans as what you have submitted to the county and/or town, having a permit does not mean that you will automatically get HOA approval.

Typically, the HOA will want to make sure that the house fits within the architectural style of the community. For example, if most of the houses have a more traditional style, then the HOA might not approve a super modern, contemporary style of house. They might also offer input on things like color selections and landscaping.

At Carl Deputy and Son Builders, we construct beautiful, timeless houses that can work within approved architectures for many HOAs. We will work with you to design a custom house that meets both your vision and the requirements of your HOA. If you are building on land that isn’t part of an HOA, the sky’s the limit when it comes to creativity and your design options.

Build a Gorgeous Custom Home with Carl Deputy and Son Builders

While building a custom house can be a lot of fun, there are also a lot of details to take care of along the way. From contracts and financing to building permits and HOA approvals, we can help to make the process as seamless as possible. We want you to focus on your design and vision for your new house and your future life in your stunning custom home.

At Carl Deputy and Son Builders, we focus on quality workmanship, premium materials, and outstanding customer service. We will walk you through each step of the process, from choosing features and finishes to getting all of the necessary approvals. Our ultimate goal is to build a house that your family will love for generations to come. To learn more or to talk to a member of our team, give us a call at 302-284-3041 or fill out our online contact form.

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About Carl Deputy and Son Builders

For 38 years, Carl Deputy and Son Builders has been family owned and operated in Central Delaware. Serving Delaware in mostly Kent and Sussex counties, We have been dedicated to setting the benchmark for quality custom homes and remodeling.

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