2026 Property Tax Laws

• Status: became law without the Governor's signature on 2/11/26 (Volume:Chapter 85:237). Effective 2/11/26. Sunsets 3/31/27.
• Votes: Senate 1/22/26 (15 yes) and 1/29/26 (15 yes); House 1/29/26 (35 yes, 3 no).
• What the review covers: the County may review a parcel's new assessed value after a general reassessment if (1) there was a clerical, mathematical or factual mistake; (2) it is a non-residential parcel valued at $300,000 or more whose value decreased; (3) it is a non-residential parcel valued at $300,000 or more whose percentage increase is no more than 50% of the median non-residential increase; or (4) it is a non-residential parcel valued at least 25% below its most recent sale price in the prior 5 years.
• 2026 deadlines it set: review and value adjustments by 9/30/26; "due and payable" date 10/12/26; school boards deliver tax warrants to the County by 10/22/26; County mails tax statements by 11/16/26; payment deadline 12/31/26; penalties not before 1/1/27.
• The State advances money to any school district with a shortfall caused by the changes.

Official SB 228 page (Delaware General Assembly)

• Status: signed 7/23/26 (Volume:Chapter 85:409). Effective 7/23/26. Sunsets 3/31/27.
• Votes: House 6/16/26 (39 yes, 2 absent); Senate 6/30/26 (20 yes, 1 not voting).
• The rule: districts may set rates so operating revenue does not rise over the prior year, with two exceptions: revenue from approved referenda, and revenue equal to each district's 5-year average growth rate.
• 5-year average growth rates: Appoquinimink 3.68%, Brandywine 0.54%, Christina 0.32%, Colonial 1.10%, Red Clay 0.58%, Smyrna 0.31%, NCC Vo-Tech 0.96%.

Official HB 461 page (Delaware General Assembly)

• Status: became law without the Governor's signature on 8/5/26 (Volume:Chapter 85:420).
• Votes: House 6/18/26 (33 yes, 6 no, 2 absent); Senate 6/30/26 (14 yes, 4 no, 2 not voting, 1 absent).
• What it does: continues the authority first given by 2025's HB 242 (85 Del. Laws c. 135) for non-vocational New Castle County school districts to use separate residential and non-residential school tax rates. A split may be set or adjusted the year after a general reassessment or as part of a referendum.
• Limits: rates must be uniform within each class; the non-residential rate must be at least the residential rate and no more than 1.85 times it; districts follow the county's property classifications.
• Districts already splitting under HB 242: may keep the same or a lower ratio. Any district whose 2025-26 ratio exceeded 1.85 must adjust to 1.85. NCC Vo-Tech may not use split rates after 2025-26.
• The delinquency add-on changes from exactly 10% to "up to 10%".

Official HB 462 page (Delaware General Assembly)

• Status: in the Senate Executive Committee since 6/18/26.
• Votes: passed the House 6/18/26 (39 yes, 0 no, 2 absent).
• What it would do: require exemptions from county taxation to be modified to reasonably reflect changes in property value and inflation, and require New Castle County to use, for the school-tax exemption, the same eligibility criteria and calculation formula it used for the county-tax exemption in the fiscal year that began July 1, 2025.
• Context: the County's FY2026 over-65 exemption criteria include a $65,000 income limit (excluding Social Security), while the school-tax elderly exemption's limit is $15,000 single / $19,000 married.

Official HB 463 page (Delaware General Assembly)

• HB 460: signed 7/23/26 (85:408). Municipalities in New Castle County must submit permit data to the County monthly. Official HB 460 page and County update
• Subpoena authority: the County says it now has subpoena authority to obtain the income and expense information needed to apply the income approach accurately (valuing commercial property from its rents and expenses). County announcement (10/22/26)
• HCR 150 and HCR 151: establish the Statewide Property Assessment Working Group and the Property Tax Relief and Modernization Working Group, to examine Delaware's long-term assessment framework and future property tax policy. County update (7/9/26)
• SB 350: Did not pass addressed property classification for tax purposes; it did not advance out of committee. County update (7/9/26)

Note: reassessment every five years is an existing requirement (9 Del. C. § 8306(b)), not a 2026 law.

HB 242 (2025, 85 Del. Laws c. 135) allowed split school rates for 2025-26. The Court of Chancery rejected the challenge on 10/30/25, and the Delaware Supreme Court affirmed on 11/12/25.

• House Bill 240
• House Bill 241
• House Bill 242

Sources:Richards, Layton & Finger Bloomberg Tax WHYY