Delaware

applies when — Parcels containing or adjacent to state-regulated tidal wetlands, non-tidal waters, or subaqueous lands.

Imposes strict land-use covenants and direct state permitting controls via DNREC. Prohibits filling, bulkheading, dredging, or erecting private docks and piers without a state Wetlands or Subaqueous Lands permit under 7 Del. C. Chapter 66 and Chapter 72. Limits buildable lot area and requires buffer protection setbacks.

Codified at 7 Del. C. Chapter 66 (Wetlands) and 7 Del. C. Chapter 72 (Subaqueous Lands).

applies when — Parcels located along the Atlantic Coast, Delaware Bay shoreline, or within the state-designated primary coastal dune and beach building setback lines.

Restricts construction, earthmoving, reconstruction, and shoreline alterations seaward of the building setback line established under the Beach Preservation Act. Parcels in the coastal strip require permits from the Department of Natural Resources and Environmental Control (DNREC); severe building setbacks, sand dune protection easements, and structural line limitations attach to the land.

Codified at 7 Del. C. Chapter 68 (Beach Preservation) and 7 Del. C. Chapter 70 (Coastal Zone Act).

applies when — Parcels situated within common interest communities (condominiums, planned unit developments, cooperatives) formed on or after September 30, 2009, or pre-existing communities subject to specific mandatory provisions.

Imposes statutory super-priority liens for delinquent common expense assessments against residential units, governs association rule-making authority over parcel use and exterior architecture, defines maintenance and insurance burdens, and requires resale certification packets to prospective purchasers under 25 Del. C. § 81-409. Failure of the owner to pay assessments results in lien enforcement and potential judicial foreclosure.

Codified at 25 Del. C. Chapter 81 (effective September 30, 2009, with specific sections applying retroactively to earlier communities).

applies when — Applies to owner-occupied 1- to 4-family primary residential properties facing mortgage foreclosure.

Lenders must serve an official pre-foreclosure Notice of Intent to Foreclose at least 45 days prior to filing an action, containing required statutory warnings in 30-point bold header type in both English and Spanish. Furthermore, borrowers have the statutory right to participate in the Superior Court Residential Mortgage Foreclosure Mediation Program, which stays foreclosure proceedings while loss-mitigation solutions are evaluated.

Codified at 10 Del. C. §§ 5062B and 5062C.

applies when — Applies to any residential parcel secured by a mortgage in default.

Delaware is exclusively a judicial foreclosure state. Lenders cannot conduct non-judicial power-of-sale foreclosures; they must initiate a formal lawsuit in Superior Court via a writ of scire facias sur mortgage (10 Del. C. § 5061). Borrowers are served by the Sheriff with formal notice of demand. The homeowner possesses an equitable right of redemption to pay off the judgment up until the confirmation of the sheriff's sale by the Superior Court. Delaware provides no statutory post-confirmation redemption period.

Codified at 10 Del. C. §§ 5061–5067.

Sellers must provide the buyer with a state-approved radon disclosure form and educational documentation (the DPH Radon Information pamphlet), specifying any known radon testing history, test results, and whether radon mitigation systems are installed on the parcel.

Codified under 6 Del. C. Chapter 25, Subchapter VII and Delaware Division of Public Health real estate disclosure guidelines.

Mandates that every seller complete and deliver a comprehensive written Seller's Disclosure Report to the buyer disclosing all known material defects, structural conditions, water/sewer/environmental conditions, and boundary disputes before contract signing. Failure to disclose material defects gives the buyer rights of action for actual damages, rescission prior to closing, or punitive damages in cases of willful misrepresentation.

Codified at 6 Del. C. Chapter 25, Subchapter VII (§§ 2570–2578).

applies when — Parcels actively devoted to agricultural, horticultural, or forest use meeting statutory acreage and income/production criteria under the Farmland Assessment Act of 1968, or enrolled in Delaware Agricultural Lands Preservation Foundation districts/easements.

Qualifying land is valued based on its agricultural use productivity capability rather than fair market value, substantially reducing the taxable assessed baseline. Formula: Taxable Land Assessment = Agricultural Use Value (excluding residential homesite/improvements) * Assessment Ratio.

Governed by 9 Del. C. § 8329 et seq. (Farmland Assessment Act of 1968) and 3 Del. C. Chapter 9 (Delaware Agricultural Lands Preservation Act).

applies when — Owner-occupant individuals who meet statutory age (typically age 65 or older) or disability criteria and local residency/income thresholds.

Provides a partial credit/exemption against property taxes. Under the Senior School Property Tax Credit (14 Del. C. § 1919), qualifying seniors receive a tax credit up to 50% of the school property tax up to a statutory dollar cap (e.g., $500 max). At the county level (e.g., Kent County/New Castle/Sussex), qualifying seniors or disabled persons with qualifying adjusted gross income (e.g., single income limits or combined limits) receive an assessed value deduction (e.g., Kent County assessed value deduction or school credit). Formula: Net School Tax = Base School Tax - min(50% of School Tax, State/County Cap).

Governed by 14 Del. C. § 1919 and respective county exemption codes; applications must generally be filed by county deadlines (e.g., April 30).

Delaware levies property taxes at county, municipal, and school district levels (the state itself levies no state-level property tax). Real property is assessed based on local standards established by county assessment offices pursuant to county code and Title 9/Title 22 of the Delaware Code. Reassessment tax rate mechanics require governing bodies to compute a 'rolled-back rate' upon a countywide or municipal general reassessment so that aggregate revenue equals the prior year's levy (excluding new construction); any adopted rate above this rolled-back rate constitutes a tax increase requiring public notice. Specific formula: Tax Due = (Assessed Base Value * Assessment Ratio - Applicable Assessed Value Exemptions) * Consolidated Millage Rate (County + School District + Municipal, if applicable).

Governed by 9 Del. C. Part II (County Government) and 22 Del. C. § 1105 (Assessments for Municipal Taxation; rolled-back rate formula).

applies when — The residential property was built prior to 1978.

Sellers and lessors must provide purchasers and lessees with a lead hazard information pamphlet and disclose any known lead-based paint or hazards before becoming obligated under a contract.

Enforced by the EPA and HUD under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

applies when — The parcel is located within a designated Special Flood Hazard Area (SFHA) and the owner receives a mortgage backed by a federally regulated lender or government entity (GSE, FHA, VA, USDA).

Requires the property owner to maintain flood insurance coverage for the duration of the mortgage loan to protect the collateral.

Governed by the Flood Disaster Protection Act of 1973 (FDPA) and the National Flood Insurance Act of 1968.

applies when — The parcel is located within a Special Flood Hazard Area (SFHA) as identified by FEMA Flood Insurance Rate Maps and the loan is secured by a federally regulated or backed lending institution.

Requires the property owner to maintain flood insurance coverage for the duration of the loan. Failure to maintain coverage allows the lender to force-place insurance at the borrower's expense.

Governed by the Flood Disaster Protection Act of 1973 (FDPA) and the National Flood Insurance Act of 1968.

applies when — Parcel encumbered by a mortgage or occupied by a residential tenant where the mortgagor or lessee entered active-duty military service.

Stays non-judicial foreclosure proceedings, property seizure, and eviction for parcels owned or leased by qualifying servicemembers. Foreclosure or distress sales initiated during military service or within one year after service are strictly invalid and void unless conducted pursuant to a valid court order or an express written waiver executed during or after military service.

Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189; 50 U.S.C. § 3953 and 50 U.S.C. § 3955), originally enacted as the Soldiers' and Sailors' Civil Relief Act of 1940; amended by the Military Spouses Residency Relief Act.

applies when — Parcel where the federal government (EPA) has incurred response costs for cleanup or remediation of hazardous substance releases, and the parcel owner was provided written notice of potential liability.

Establishes a statutory federal lien upon the parcel running in favor of the United States for all unrecovered cleanup costs, damages, and statutory interest incurred by the EPA. Rate and formula: Direct Dollar-for-Dollar Reimbursement (Lien Amount = Incurred Response Costs + Administrative Costs + Statutory Interest under 42 U.S.C. § 9607(a)). Exemptions: Bona Fide Prospective Purchasers (BFPP) and Innocent Landowners under the Small Business Liability Relief and Brownfields Revitalization Act are exempt from personal liability if they perform All Appropriate Inquiries (AAI Phase I ESA) prior to purchase and comply with ongoing continuing obligations, though a 'windfall lien' may still attach to the parcel up to the unearned increase in fair market value attributable to the response action.

CERCLA of 1980, Section 107(l) (42 U.S.C. § 9607(l)) and Section 107(r) (Windfall Liens), as amended by SARA (1986) and the Brownfields Revitalization Act of 2002.

applies when — Parcel contains designated critical habitat or supports listed threatened or endangered animal species under the Endangered Species Act.

Makes it unlawful to 'take' listed species (including significant habitat modification or degradation that impairs breeding, feeding, or sheltering). Precludes parcel clearing, tree removal, earthmoving, or construction unless the property owner prepares an approved Habitat Conservation Plan (HCP) and secures an Incidental Take Permit under Section 10(a) or receives Section 7 interagency consultation clearance.

Endangered Species Act of 1973, 16 U.S.C. §§ 1538-1539; 50 CFR Parts 17 and 222.

applies when — Parcel contains a historic property listed on, or eligible for listing on, the National Register of Historic Places, subject to an undertaking involving federal permits, licenses, funding, or loan guarantees (e.g., HUD, USDA, or USACE approvals).

Mandates federal agencies to evaluate the effect of the proposed residential undertaking on historic properties and consult with State Historic Preservation Officers (SHPO) and Tribal Historic Preservation Officers (THPO). Restricts structural alterations, ground disturbance, demolition, or aesthetic elevations that cause adverse effects, often requiring formal Memoranda of Agreement (MOA) and mitigation measures.

National Historic Preservation Act of 1966, recodified at 54 U.S.C. § 306108; implementing regulations at 36 CFR Part 800.

applies when — Parcel contains delineated 'waters of the United States' (WOTUS), including jurisdictional wetlands, streams, or navigable waterways.

Prohibits the discharge of dredged or fill material into jurisdictional waters on the parcel without an individual or nationwide permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, bulkheading, retention pond construction, or development footprints, and may require expensive compensatory mitigation or off-site wetland credits to disturb designated acreage.

Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act), 33 U.S.C. § 1344; joint regulations at 33 CFR Parts 320-332 and 40 CFR Part 230.

applies when — Parcel securing a residential loan guaranteed under the Department of Veterans Affairs (VA) Home Loan program.

Imposes mandatory VA Minimum Property Requirements (MPRs) ensuring the residential dwelling is safe, structurally sound, and sanitary. Mandates specific parcel covenants, including permanent year-round vehicular access, dedicated continuous utilities, separation from environmental/industrial hazards (such as high-voltage lines or pipeline easements), and certified termite/wood-destroying insect clearance in designated infestation zones.

Servicemen's Readjustment Act of 1944; 38 U.S.C. Chapter 37; 38 CFR Part 36; VA Pamphlet 26-7 (Lenders Handbook), Chapter 12.

applies when — Parcel securing a residential purchase or refinance financed through an FHA-insured Title II mortgage.

Binds the parcel to HUD's Minimum Property Standards (MPS) covering basic safety, soundness, and security (e.g., structural integrity, adequate heating, safe potable water, clear drainage, lead-free surfaces). Imposes parcel-level statutory loan limits capping the insurable mortgage amount by county/MSA (ranging from the national 'floor' to the national 'ceiling' based on median county home prices). Non-compliant property deficiencies must be cured as a condition precedent to endorsement.

National Housing Act of 1934; 12 U.S.C. § 1709; 24 CFR Part 200, Subpart S; HUD Handbook 4000.1 (Single Family Housing Policy Handbook), adjusted annually by HUD Mortgagee Letters.

applies when — Disposition of a United States Real Property Interest (USRPI) where the transferor (seller) is a foreign person (non-resident alien individual, foreign corporation, foreign partnership, trust, or estate).

Imposes an affirmative withholding tax obligation on the transferee (buyer) to withhold and remit tax on the gross amount realized (gross sales price). The statutory base withholding rate is 15% of the total purchase price (Formula: Tax = Amount Realized × 15%). Exemptions and reductions: (1) 0% withholding applies if the amount realized is $300,000 or less AND the buyer certifies personal residence occupancy for at least 50% of days used over each of the first two 12-month periods; (2) reduced withholding rate of 10% applies if the amount realized exceeds $300,000 but does not exceed $1,000,000 and the buyer meets the personal residence requirement (Formula: Tax = Amount Realized × 10%); (3) withholding can be reduced or eliminated if an IRS Withholding Certificate (Form 8288-B) is obtained or if the seller furnishes a Non-Foreign Status Certification.

Internal Revenue Code Section 1445 (26 U.S.C. § 1445), originally enacted under FIRPTA of 1980; standard rate increased from 10% to 15% under the Protecting Americans from Tax Hikes (PATH) Act of 2015, effective February 16, 2016.

applies when — Residential 'target housing' constructed prior to 1978 offered for sale or lease (excluding zero-bedroom dwellings, housing for the elderly or persons with disabilities unless a child under 6 resides there, and certified lead-free properties).

Requires sellers and landlords to disclose known lead-based paint and lead-based paint hazards, provide all available evaluation reports/records, provide the EPA-approved informational pamphlet 'Protect Your Family From Lead in Your Home', and grant prospective buyers a 10-day inspection period (subject to mutual written waiver). Parties must execute a formal disclosure attachment; failure exposes non-compliant parties to statutory civil penalties and treble damages.

Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of Pub. L. 102-550; 42 U.S.C. § 4852d); joint HUD/EPA regulations at 24 CFR Part 35, Subpart A and 40 CFR Part 745, Subpart F.

applies when — The parcel contains covered multifamily residential dwellings designed and constructed for first occupancy after March 13, 1991 (defined as all dwelling units in buildings with 4 or more units with an elevator, or ground floor dwelling units in buildings with 4 or more units without an elevator).

Imposes mandatory physical structural criteria on the parcel improvements: (1) accessible building entrance on an accessible route, (2) accessible public and common use areas, (3) usable doors for wheelchairs, (4) accessible routes into and through each dwelling unit, (5) light switches, electrical outlets, and environmental controls in accessible locations, (6) reinforced bathroom walls for grab bar installation, and (7) usable kitchens and bathrooms permitting wheelchair maneuvering. Non-conforming improvements require mandatory structural retrofits and subject developers/owners to federal civil actions.

Fair Housing Amendments Act of 1988 (42 U.S.C. 3604(f)(3)(C)); HUD regulations at 24 CFR 100.205.

applies when — The parcel secures a residential mortgage originated before the property owner entered active military service, where the debt is enforced during or within one year after active military service.

Restricts lender foreclosure rights by nullifying any non-judicial foreclosure, sale, or seizure of the residential parcel without a court order or valid written waiver executed by the servicemember during or after active duty. Courts are empowered to stay foreclosure proceedings or adjust loan payments. Foreclosing without a court order constitutes a federal criminal misdemeanor and exposes the lender to civil damages.

50 U.S.C. 3953; codified originally as the Soldiers' and Sailors' Civil Relief Act of 1940, modernized under the Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189).

applies when — The residential parcel is owned by a person or entity that has neglected or refused to pay any assessed federal tax liability (income, gift, estate, or payroll tax) after formal demand.

Under IRC § 6321, a statutory lien arises automatically as of the date of assessment and attaches to all real property owned or acquired by the taxpayer. Upon the IRS filing a Notice of Federal Tax Lien (NFTL) in local county land records under IRC § 6323, it perfects priority against subsequent purchasers, mortgagees, and judgment lien creditors. Rate and computation: The lien secures 100% of the underlying unpaid tax assessment, plus compounding interest under IRC § 6621 (the federal short-term rate plus 3 percentage points) and statutory late-payment penalties under IRC § 6651 (0.5% per month, up to a maximum cap of 25%). No parcel-level homestead exemption exists under federal law against an IRC § 7403 judicial foreclosure or tax collection lien.

Internal Revenue Code (IRC) §§ 6321, 6322, 6323.

applies when — The parcel is improved with target residential housing built before 1978 undergoing renovation, repair, or painting activities for compensation that disturb more than 6 sq. ft. of interior painted surface or 20 sq. ft. of exterior painted surface.

Legally prohibits uncertified contractors from performing qualifying physical alterations on the home. Contractors must be EPA-certified and adhere to specific lead-safe containment, containment plastic barriers, HEPA vacuuming, and cleaning verification protocols. Imposes strict recordkeeping burdens and exposes property alterations to federal administrative stop-work orders and civil fines for uncontained lead dust contamination.

Promulgated under TSCA § 402(c)(3) (15 U.S.C. 2682); codified at 40 CFR Part 745, Subpart E; fully effective April 22, 2010.

applies when — The parcel contains wetlands, streams, or waterways that meet the definition of 'Waters of the United States' (WOTUS) as delineated under the Clean Water Act.

Prohibits the discharge of dredged or fill material into jurisdictional wetlands or waters without a permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, driveway installation, structural foundation expansion, or shoreline bulkheading; unauthorized fill mandates compulsory site restoration and subjects parcel owners to civil penalties exceeding $50,000 per day under 33 U.S.C. 1319.

Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1344; current delineation criteria governed in accordance with Sackett v. EPA (2023) and conforming federal rulemaking (40 CFR Part 120 / 33 CFR Part 328).

applies when — The residential parcel is listed in or eligible for listing in the National Register of Historic Places, or lies within an eligible historic district, and involves an action subject to federal agency funding, permitting, licensing, or mortgage assistance (e.g., HUD/FHA, VA, USDA, or USACE permits).

Federal agencies must assess adverse effects on historic resources prior to approving loans, grants, or permits. Parcel alterations, demolitions, or rehabilitation programs that receive federal assistance are subjected to binding Section 106 consultation with the State Historic Preservation Officer (SHPO) and must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties, restricting unapproved structural modifications or exterior elevation changes.

National Historic Preservation Act of 1966 (54 U.S.C. 306108, formerly 16 U.S.C. 470f); regulations codified at 36 CFR Part 800.

applies when — The parcel is being purchased or refinanced using FHA-insured Title II financing under the National Housing Act.

Restricts financing eligibility based on parcel and structural criteria: (1) County Loan Limits cap the maximum insurable mortgage balance per parcel based on local median housing costs (ranging from a federal statutory floor of 65% of the national conforming limit up to a statutory ceiling of 150%). (2) Imposes mandatory HUD Minimum Property Standards (MPS; HUD Handbook 4000.1 / 24 CFR Part 200) requiring mandatory appraisal repair escrows or seller cures for deficiencies regarding structural soundness, safety, soil stability, drainage, well/septic separation buffers, and lead paint encapsulation before loan endorsement.

National Housing Act of 1934, as amended (12 U.S.C. 1709); annual loan limit updates promulgated under the Housing and Economic Recovery Act of 2008 (HERA).

applies when — The parcel constitutes a U.S. Real Property Interest (USRPI) transferred or disposed of by a 'foreign person' (non-resident alien individual, foreign corporation, foreign partnership, or foreign trust/estate).

Imposes an absolute statutory obligation on the transferee/buyer to withhold gross tax from the total amount realized (purchase price) upon disposition and remit it to the IRS within 20 days using Forms 8288 and 8288-A. Rate structure and formula: Base statutory withholding rate is 15% of the gross sales price. Residential personal residence exemption computation: (1) If the gross sales price does not exceed $300,000 AND the buyer (or family member) intends to use the parcel as a personal residence for at least 50% of days used during each of the first two 12-month periods, the withholding rate is 0%. (2) If the gross sales price exceeds $300,000 but does not exceed $1,000,000 and meets the same personal residence test, the withholding rate is reduced to 10% of the gross sales price. (3) For all sales exceeding $1,000,000, or where the buyer does not satisfy the personal residence requir

Internal Revenue Code (IRC) § 1445; enacted via the Foreign Investment in Real Property Tax Act of 1980, with standard rate increased from 10% to 15% pursuant to the PATH Act of 2015.

applies when — The parcel is improved with 'target housing,' defined as any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 resides or is expected to reside there) or 0-bedroom dwellings.

Before a purchaser or lessee becomes obligated under any contract to buy or lease, the seller or landlord must: (1) provide an EPA-approved lead hazard information pamphlet ('Protect Your Family From Lead In Your Home'), (2) disclose any known lead-based paint or hazards and provide all available records/evaluations, (3) attach a federal Lead Warning Statement and disclosure certification to the contract, and (4) afford buyers a mandatory 10-day mutual inspection period (waivable in writing) to conduct a risk assessment. Failure to comply exposes violators to civil liability, statutory treble damages, and administrative penalties up to statutory maximums per violation.

Enacted under Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), implemented jointly by EPA and HUD at 40 CFR Part 745 / 24 CFR Part 35.

applies when — Parcel contains improved real estate or a manufactured home situated within a FEMA-designated Special Flood Hazard Area (SFHA, such as Zones A or V / 100-year floodplain) in an NFIP-participating community, where financing is secured via a federally regulated, supervised, or insured lender (including GSEs, FHA, VA, USDA).

Mandates borrower to purchase and maintain flood insurance coverage (via NFIP or qualifying private flood insurance policy) for the term of the mortgage up to the lesser of the outstanding principal loan balance, the maximum NFIP statutory limit ($250,000 for residential 1-4 units), or the insurable value of the property. Lenders must escrow flood insurance premiums unless specific small-lender exceptions apply.

Established under the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4012a) and National Flood Insurance Act of 1968, amended by the Biggert-Waters Flood Insurance Reform Act of 2012; private flood insurance acceptance regulations updated at 24 CFR Part 203 (FHA, 2022).