Exempted Development
Section 5 Declarations
On payment of the prescribed fee, eighty euro (€80) and completion of the Section 5 Exempt Development Application, a person may request in writing from the Planning Authority, a Declaration as to what is, or is not, considered exempted development within the meaning of the Planning and Development Acts 2000 to 2010.
FAQ
Can I build an extension?
Small scale domestic extensions, including conservatories, do not require planning permission if the extension is to the rear of the house and does not increase the original floor area of the house by more than 40 square metres (where there have been earlier extensions, this threshold is cumulative), does not exceed the height of the house, and does not reduce the open space at the rear of the house to less than 25 square metres.
There are also rules about the height allowed in such an extension. These are that the walls of the extension (excluding any gable being built as part of the extension) shall not be higher than the rear wall of the house, but if the rear wall of the existing house has a gable, the walls of the extension (excluding any gable being built as part of the extension) shall not be higher than the side walls of the house, and in either case, no part of the new roof may exceed the highest part of the roof of the house, a gable is the upper part of a wall (normally triangular), between the sloping ends of a pitched roof.
Can I convert my garage to domestic use?
The conversion for use as part of a dwelling house (e.g. as a living room or bedroom) of a garage, store, shed, etc. attached to the rear or side of a house is normally exempted development, subject to the 40 square metre limit above.
Can I build a garage?
You can build a garage, carport, shed, greenhouse, kennel fo r domestic pets, etc., as long as it does not extend out in fro n t of the building line of the house and does not exceed 4 metres in height, (if it has a tiled or slated pitched roof), or 3 metres (if it has any other roof type). The floor area limitation for exempted development is 25 square metres. The structure may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses. Garages, sheds, etc. to the side of the house mu s t match the finish of the house. You cannot reduce the open space at the side or rear of the house below 25 square metres.
Can I build a front porch?
You can build a porch without planning permission, as long as it does not exceed 2 square metres in area and is more than 2 metres from any public road or footpath. Where the porch has a tiled or slated pitched roof, it must not exceed 4 metres in height, or 3 metres for any other roof type. A front porch within these limits is the only type of development allowed to extend beyond the front wall of the building (the building line) and still remain exempted.
Can I erect walls, fences and gates?
Capped walls made of brick, stone or block with a decorative finish, railings and wooden fences can be erected as long as they do not exceed 1.2 metres in height in front of your house or 2 metres at the side or rear. If the wall is made of plain blocks or mass concrete it must be plastered . Gates and gateways may be built or replaced providing they do not exceed 2 metres in height. You will need planning permission if you wish to make a new or wider access to the public road.
Can I build a chimney and a boiler house?
A boiler house or a chimney for a central heating system, or an oil storage tank (up to 3,500 litres capacity), is exempted development.
Can I build paths, ponds and patios?
Car parking spaces, hard surfacing, garden paths, garden ponds and patios etc. are exempt once they are not more than 1 metre above or below existing ground level. There are no other limitations to the rear of the house but no more than 2 car parking spaces to the side or front of the house are exempt.
Can I put up a television aerial?
A radio or TV aerial on your roof is exempt once it does not exceed 6 metres in height above the roof. A satellite dish up to 1 metre across and below the top of the roof is exempted development only to the rear or side of the house. A dish to the front needs permission.
Can I carry out internal alterations, external repairs and maintenance?
You can carry out any internal alterations you wish as long as you do not alter the domestic use of the house. External works of repair, maintenance and improvement such as painting or replastering do not need planning permission so long as they do not materially affect the external appearance, thus rendering the appearance inconsistent with neighbouring buildings. You may need approval for certain external alterations e.g. a new connection to a sewer.
This exemption does not apply to buildings listed for preservation in the local development plan or draft development plan, nor to the subdivision of a house into flats or granny flats. Planning permission must be obtained for such works.
Can I demolish an old building?
You can demolish without permission a building other than a habitable house, or one listed for preservation in the local development plan or draft plan a building in a terrace, or one which is attached to another building in separate ownership. However, it does not automatically follow that you will get permission to build a replacement. A habitable house includes a structure which was last used as a dwelling even if it is now in an unlivable condition. It also includes a building where the last permitted use was as a house, even if it has been in unauthorised use since.
Can I store caravans and boats?
One caravan or one boat may be stored in your garden for up to 9 months of the year as long it is not lived in or used for business purposes.
Can I put up advertisements?
You do not need permission for domestic advertisements up to 0.3 square metres in area, such as your house name or number and "Beware of Dog" type signs. If selling or letting your house the size increases to 0.6 square metres but only one advertisement is allowed and it may not be left up any longer than 7 days after the sale or letting.
Are there any limitations to exempted development?
All forms of development which are normally exempted lose this status and require planning permission if they:
- contravene a condition of a planning permission;
- endanger public safety by causing a traffic hazard or obstructing the view of road users;
- build forward of the building line (except in the case of small porches);
- involve a new or wider access to a public road;
- affect a building, feature, site, etc., listed for preservation in the development plan or draft plan (check your local development plan);
- obstruct a public right of way;
- are not wholly related to the use of the house for domestic purposes.
Where can I get more information on exemptions?
The full list of exempted developments is set out in the Planning Acts and Regulations (details at the end of this leaflet). The planning authority can advise on whether they consider planning permission is necessary, or not, in a particular case. If you disagree with the planning authority on whether planning permission is needed, you can obtain a formal ruling by making a "reference" to An Bord Pleanála for a fee. Further information is available directly from the Board at 64 Marlborough Street, Dublin 1, Lo-Call 1890275175
What happens if exemption limits are exceeded?
The limits must be observed and the planning authority has powers to stop the development if they are breached. If, due to an oversight an error is made, you should apply to the planning authority for permission to retain the work done. This is generally known as "retention" permission. It does not automatically follow that this will be granted. The fee for a retention application is 3 times the normal fee and you may have to take down, alter or rectify work done, which can be costly. Prosecution for breaches of planning law can result in heavy fines or imprisonment. You may also find it difficult to sell property which does not comply with planning requirements. If buying property check that the building itself and any extensions or alterations comply with planning requirements or you, as the new owner, may be liable to enforcement action.
Should I consult the planning authority before carrying out exempted development?
If you are satisfied that your development is exempted it is not necessary to check with the planning authority about planning permission before starting work. However, if you have any doubts or queries on any planning aspect you can contact the planning authority.
Do Building Regulations Apply?
Your development must be in accordance with the building regulations. These regulations set out the basic design and construction requirements and apply to all new buildings, extensions, alterations and certain changes of use of existing buildings. Details of the building regulations and of the associated procedures are available in PL.11, A Guide to the Building Regulations. Further information may be obtained from your local authority. You may also need other types of approval e.g. making a new connection to a sewer. Contact your local authority in such cases.
Should I notify my neighbours beforehand?
This is not a legal requirement for exempted development. However, it is in your interest to let neighbours know about work you intend to carry out to your property. They are likely to be as concerned about work which might affect them as you would be if the roles were reversed. You may be able to meet some of your neighbour’s worries by modifying your proposals. Even if you decide not to change, it is usually better to have told your neighbours before the building work starts. If you or your contractor needs to go on to a neighbour's property, you should obtain his or her consent before doing so.
Agricultural Exemptions
Agricultural Exemptions are also available.
