A guide for family home projects: Understand the rules before building or renovating.
Not all projects require planning permission. Here’s a detailed guide:
Broadly speaking, the construction of an extension or conservatory does not require planning permission when it is to the rear of the house; however, any query from the public of this nature should be dealt with subject to the provisions of Part 1 of the 2nd Schedule to the Planning and Development Regulations, 2001.
The following should be seen only as general guidelines:
No. Not an exempted development. However, an existing garage to the side may be converted.
Yes. Subject to the provisions of Part 1 of the 2nd Schedule to the Planning & Development Regulations 2001 N.B. Garage must be attached to the dwelling.
No.
The extension shall not reduce the “Private Open Space” of the back garden to less than 25 sq. m. Hard surface areas to the rear of a house are exempted development, providing they are used for a purpose incidental to the enjoyment of the house and not used for the parking of cars.
N.B. Existing or proposed garden shed/s are not reckoned as private open space.
No. This is not exempted development (except the porch – for exemptions see page 158, Class 7 and Section 9).
Normally no. However, if work involves dormer windows, permission is needed. If velux windows proposed to the rear, it is exempt. If velux windows proposed to the side/front elevation it is not exempt.
No, you can demolish part of a habitable home to provide a domestic extension.
Yes. The capacity of oil tanks shall not exceed 3,500 litres.
No – specifically excluded from exemption.
Yes, providing the following guidelines are applied;
Yes provided that:
Yes. But only if the structure was previously used as a single dwelling. e.g. a house which was used as a single dwelling when built, later converted to flats can convert back to single dwelling use under this exemption.
Yes, subject to:
Yes. To the front or side for not more than 2 cars.
NB. The widening of vehicular entrances is not exempt. (3.5 meters max with permission)
Yes, subject to:
Not more than 1 caravan / campervan or boat;
No commercial / advertising use;
Not used as a dwelling while stored;
Storage not greater than 9 months in any year.
Yes, except for a mural and providing the house is not a Protected Structure.
Yes, provided that:
Yes, subject to a maximum height of 2m.
No. Most works to a Protected Structure are not exempted. A declaration of what is / is not exempted is needed to clarify issues.
6 months. From 31/03/2003 an additional 3 months can be granted where agreed.
Use our Planning Deadline Calendar to calculate the last date for making an objection.
Submissions/observations must be made within 5 weeks beginning on the date of receipt of the planning application. The five week period commences on the day that a planning application is received, such that the last day for receipt for an objection to an application received on Tuesday 1 November is Monday 5 December. If the last day of this five week period falls on a Saturday, Sunday or Public Holiday, submissions/observations can be accepted on the next working day.
Please note that anyone other than the applicant can make an objection/observation on a planning application.
For more information on the objections process please visit our Planning Objections Page
Use our Planning Deadline Calendar to calculate the last date for making an objection.
In accordance with Article 35 of the Planning and Development Regulations, persons who made a submission or observation on a planning application will only be notified of the receipt of Additional Information or Clarification of Additional Information, where that AI or CAI is considered significant and requires new public notices. Objectors have 2 weeks ( 5 weeks in case of applications accompanied by an EIS) from the date of receipt by the Planning Authority of the revised notices, to make further submissions/observations. No further fee is required. Other persons wishing to make a submission/observation will be required to pay the prescribed fee.
Please note that anyone other than the applicant can make an objection/observation on a planning application.
There is provision for an appeal to An Bord Pleanála in such cases. The appeal must be lodged within 1 month of the date of the decision on the application –see Part VI of the Building Control Regulations.
Yes. Final Grant is required before a commencement notice can be submitted.
Yes, when s/he is also a Commissioner of Oaths. However, a solicitor shall not exercise these powers in any proceedings in which he is solicitor to any of the parties or in which he has an interest.
Use our Planning Deadline Calendar to calculate the last date for making an objection.
In accordance with Article 35 of the Planning and Development Regulations, persons who made a submission or observation on a planning application will only be notified of the receipt of Further Information or Clarification of Further Information, where that FI or CFI is considered significant and requires new public notices. Objectors have 2 weeks ( 5 weeks in case of applications accompanied by an EIS) from the date of receipt by the Planning Authority of the revised notices, to make further submissions/observations. No further fee is required. Other persons wishing to make a submission/observation will be required to pay the prescribed fee.
Material alterations or Extensions should not give rise to any ‘new or greater contravention’ in the existing building. That is, a material alteration or an extension (vertical or lateral) to an existing building should not make the existing building any worse in relation to Building Regulations.
The following examples are given by way of clarification:
The erection of an extension to an existing building whereby the extension is to be served for access and escape purposes by an existing staircase within the existing building:
• If the existing staircase was adequate for the occupancy capacity of the existing building but inadequate for the extended building, this would constitute a ‘new contravention’ of Building Regulations.
• If the existing staircase was inadequate for the existing building and rendered more inadequate due to the additional occupancy of the extended building, this would constitute a ‘greater contravention’ of Building Regulations.
Note, therefore, that Building Regulations as they apply to works in connection with existing buildings being materially altered or extended, require solely that the ‘status quo’ be maintained in the existing building. Where an existing building contravenes Building Regulations, the material alteration or extension of such a building does not carry with it the requirement to make good such contravention, but merely that the contravention is not worsened, i.e. that no new or greater contravention arises. Building Regulations do not apply retrospectively to existing buildings where such buildings are being extended except to the extent that any new or greater contravention is not permitted.
No. Paper copies are no longer accepted. All forms must now be submitted electronically via the Building Control Management System (BCMS) website.
You must submit a Commencement notice between 14 – 28 days before starting works, informing the Building Authority of your intended start date. If this is not completed youa re in breach of your Planning Conditions.
A certificate granted by a building control authority in respect of works on non-domestic buildings and apartments blocks which were commenced or completed without the necessary Fire Safety Certificate (FSC). The certificate may be granted with or without conditions or refused.
The fee is €500 which is four times the fee for a Fire Safety Certificate or €11.60 per square metre of floor area, whichever is greater. This may vary depending on the works – please see the Fifth Schedule of the Building Control Regulations.
There is no mechanism to extend. It is an offence to commence work on a building without a Fire Safety Certificate (where required) and the Regularisation Cert is a chance to be in compliance with the fire safety certification regime. If the works are not carried out within the 4- month period, the certificate will not have effect.
A Disability Access Certificate is a certificate granted by a Building Control Authority which certifies compliance of the design of certain works (e.g. new buildings (except dwelling houses), some extensions to, and some material alterations to buildings (except dwelling houses) with the requirements of Part M of the Building Regulations.
A Disability Access Certificate is required in respect of the following works to buildings other than dwellings (but including apartment buildings), in so far as the Requirements of Part M apply and which commence or take place on or after 1 January 2010;
(a) works in connection with the design and construction of a new building,
(b) works in connection with the material alteration of—
(i) a day centre,
(ii) a building containing a flat,
(iii) a hotel, hostel or guest building, or
(iv) an institutional building, or
(v) a place of assembly, or
(vi) a shopping centre,
but excluding works to such buildings, consisting solely of minor works,
(c) works in connection with the material alteration of a shop, office or industrial building where —
(i) additional floor area is being provided within the existing building, or
(ii) the building is being subdivided into a number of units for separate occupancy,
(d) works in connection with the extension of a building by more than 25 square metres,
(e) a building as regards which a material change of use takes place, (see note below)
It should be noted in this context, that the Requirements of Part M 2000
• apply to all works in connection with a material alteration or an extension, without requiring any further work to the existing building1,2.
• do not apply to a material change of use, except where a material alteration or extension is associated with the material change of use, in which case refer to the previous point3.
1 Article 11 of the Building Regulations 1997-2008 also stipulates the Regulations apply to every part of a buildings affected by the material alteration or extension but only to the extent of prohibiting any works which would cause a new or greater contravention, in such building.
2 Part M does not apply to works in connection with extensions to and the material alterations of existing dwellings, provided that such works do not create a new dwelling.
3 The Requirements of Part M 2010 due to commence on 1 January 2012 amended Article 13 to include the application of Part M to certain material changes of use. It also amended Article 11 of the Building Regulations to extend the definition of a Material Alteration to include Part M.
Yes: New buildings, including apartment blocks
No: Dwelling houses
Yes: Material alteration to a day care centre, apartment block, hotel, hostel, guest building, institutional building, place of assembly, shopping centre
Yes: Material alteration to a shop, office or industrial building where additional floor area is provided within existing building or building is being subdivided into a number of units for separate occupancy.
Yes: Extension to an existing building other than a dwelling house of greater that 25m2
No: Existing building was damaged/burnt and is being repaired.
No: A material change of use, by itself – see above
Yes: A material change of use involving a material alteration associated with the change of use.
The fee is €30 per unit
