A

Languages

FAQS

Yes, subject to: 

  • Not more than 2m high to the rear.
  • Not more than 1.2 metres to the front or forward of the front of the house.

    (Page 157, Class 5).

    NB: Metal palisade or other security fencing is not exempt.

 

Strictly speaking, yes, to the rear.  However, the provision of lighting and fencing over 2m would not be exempted.  The 1 metre raising/lowering of ground levels also applies.

(Page 158, Class 6 & Page 159, Class 11)

Yes provided that:

  • It is not forward of the front wall of the house;
  • Not greater than 25sqm (or no. of sheds aggregated);
  • 25sqm of garden space is left. N.B. extensions attached to house are not reckoned as private open space;
  • Shed finish is in keeping with the house;
  • Shed height: max 4m pitched roof; 3m flat roof;
  • It is not lived in or used for keeping of animals (pigs, ponies, horses, pigeons).

    (see page 156 - 157, Class 3)

Yes, subject to maximum area of 2sqm, max height is 2m above the centre of the road opposite, and it is not lit.

Yes, not exempted development.

No, subject to:max area of 0.6sqm in case of a house/letting max area 1.2sqm in case of any other structure/land.
Not more than 1 sign.  Remove not later than 7 days after sale/letting.

No, provided not situated with 10m of the curtilage of any dwelling house save with the consent in writing of the owner/occupier.

(Page 167, Class 31 (c)).

Yes, provided that:

  • Not less than 2 metres from roadway;
  • Not more than 2sqm Height: 3m max for a Flat Roof, 4m max Pitched Roof.

    (see page 158, Class 7)

Yes.  Provided that the ground level not be altered by more than 1 metre above or below the level of adjoining ground.  Alteration of ground level to front of house is not permitted other than for landscaping.

(Page 158, Class 6)

Yes, except for a mural and providing the house is not a Protected Structure.

(Page 159, Class 12)

No, not in the normal way, but, is subject to the consultation procedures contained in Part VIII of the 2001 Planning Regulations as amended.

Planning permission has no impact on the need for a Disability Access Certificate. If the works began on a building (other than dwellings houses) on or after January 1st 2010, then the Disability Access Certificate is required. 

No.  Most works to a Protected Structure are not exempted.  A declaration of what is / is not exempted is needed to clarify issues.

Occasional use for recreational, social purposes of any school, hall, club, art gallery, museum, library, reading room, gym or structures normally used for public worship.

(Page 160 Class 15).

If a query arises as to whether a proposal requires Planning Permission or whether it is exempted development, a submission may be made, in writing with proposals or maps - the more information the better accompanied by a fee (€80.00).  The planner will consider submissions & we reply within 4 weeks as to whether it does require planning permission or not.  The applicant can refer the decision to An Bord Pleanala accompanied by a fee (€150.00).

(Section 5, Planning & Development Act, pg 28)

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.

A revised Disability Access Certificate is required where significant revision is made to the design or works or a material alteration to or a material change of use of a building in respect of which a Disability Access Certificate has been granted by a Building Control Authority. You may apply to the Building Control Authority for the revised certificate.

Yes.  The capacity of oil tanks shall not exceed 3,500 litres (Page 156,Class 2).
Note: from 28.02.07 exemption widened to flue, fuel storage tank or structure. 3.5k capacity still applies.

The fee is €30 per block of apartments. You do not require a separate commencement notice for each apartment.
e.g 100 apts in one block = €30

Yes, subject to a maximum height of 2m.

(Page 157 Class 5, page159 Class 9)

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.

    (Page 158, Class 8)

Yes. To the front or side for not more than 2 cars.

(Page 157, Class 6, Part B(ii))

NB. The widening of vehicular entrances is not exempt. (3.5 meters max with permission)

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 - specifically excluded from exemption by Part 1, Schedule 2, Column 2, Condition 7. (see page 156).

Yes, providing the following guidelines are applied;

  • Terraced and Semi-Detached Houses: Windows at ground floor level shall not be less than 1 metre from the boundary they face. Windows at above ground floor level shall not be less than 11m from the boundary they face.  The above applies to terraced s/d dwellings.
  • Detached Houses: Where the dwelling is detached and the floor area of above ground floor extension is greater than 12sqm windows shall not be less than 11m from the boundary they face.

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;

  • Terraced and Semi-Detached Houses:  If the house has not been previously extended, the floor area of the proposed extension cannot exceed 40 sq metres.  This exemption also allows for extensions above ground-floor level (if the house is semi-detached or terraced, the area of the above ground extension cannot exceed 12 sq. m).  This means, for a typical semi-detached house, one could have a ground floor extension of 28sq. m & 2nd floor extension of 12sq m without applying for planning permission.  Any above ground floor extension shall be a distance of not less than 2 metres from any party boundary.
  • Detached Houses:  As with terraced and Semi-detached above, the overall area of extension must be less than 40 sq. metres. This exemption also allows for extensions above ground floor level, the are above ground floor are cannot exceed 20 sq. m. One could therefore have a ground floor extension of 20 sq. m., and a 2nd floor of 20 sq. m.  Any above ground floor extension shall be a distance of not less than 2 metres from any party boundary..
  • Both Cases:  If the proposed extension is in addition to an existing extension (post 01-10-1964), overall areas of all extensions must not be more than 40 sq. m. - including extensions which needed permission, e.g. to side of house.

No.  This is not exempted development (except the porch - for exemptions see page 158, Class 7 and Section 9).

No. Not  an exempted development. However an existing garage to the side may be converted (see Section 6).

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.

(Page 156 - 157).

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.

  • The highest point to which the wall of an exempt extension can be built is eaves level.
  • If the proposed extension has a flat roof, it must not exceed the eves or parapet level
  • If the proposed extension has a pitched roof, it must not exceed the ridge of the existing pitched roof. 

 

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.

No, you can demolish part of a habitable home to provide a domestic extension.

Yes provided that: 

  • Only 1 per house.
  • Max. Diameter 1 metre.
  • Not to be erected on, or forward to the front wall of the house.
  • Not to be erected on the front roof slope or higher than the highest part of the roof.

    (see page 157, Class 4, 1 - 4).

Yes.  The height of the antenna shall be no more than 6m above the roof.

Note: These notes are for guidance only. The relevant Planning Regulations should always be consulted where doubt exists. 

Yes, unless the number of children, including carers is not more than 6 and caring is in carers own house.

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. 

 

(Page 160, Class 14).

Photocopies of maps on planning applications registered before 11-Mar-2002 cannot be issued. Any photocopies of maps on files registered after 11-Mar-2002 must be individually date stamped and a declaration under Section 74 (4) of the Copyright and related Rights Act, 2000 must be signed by the purchaser of the maps and placed on the planning file.

Under the planning system, many minor works to structures do not normally require planning permission.  These works are known as exempted development.  However, for a Protected Structure, such works can be carried out without planning permission only if the works would not affect the character of the structure or any element of the structure that contributes to its special interest. 

Yes, if you have made a valid application for a Fire Safety Certificate you may submit a 7 day notice provided you submit the reference number of the original application, the revised fee and all the required documentation as listed in Article 20A of the Regulations. You should liaise with your local Building Control Authority.

Yes, the 7 Day notice must be accompanied by a valid Fire Safety Certificate application and a statutory declaration form in respect of the work proposed, but only the fee for the 7 day notice applies. 

You do not have to submit separate fees for both the 7 Day Notice and the Fire Safety Certificate.

Yes. When submitting a commencement notice for a Commerical Development or Apartments a Fire Safety Certificate must also be submitted. 

The requirement for a Disability Access Certificate came into effect on 1st January 2010 for new buildings (other than dwellings houses) which commence on or after that date. 

Technically, a Disability Access Certificate is not required in advance of commencement of work. However, a person shall not carry out works in contravention of Part M of the Second Schedule to the Building Regulations 2000 or any conditions subject to which a Disability Access Certificate is granted (where a Disability Access Certificate is required). 

To avoid potentially expensive remedial work,  it would be considered good practice to apply for a Disability Access Certificate at the same time as a Fire Safety Certificate, therefore ensuring that the Disability Access Certificate and any conditions pertaining to it are set out prior to commencement of works.  

No. The Disability Access Certificate will certify compliance with the requirements of the current Part – Part M 2000. Draft Part M 2009 proposals have not yet been finalised. However, additional information may be required for Disability Access Certificate applications when future revisions of part M become operative.

The timescale is up to 8 weeks under Section 6(5) of the Building Control Act, 1990, or longer if agreed between the applicant and the Building Control Authority.

A building cannot be opened, operated or occupied or permitted to be opened, operated or occupied  without the necessary Disability Access Certificate  or where an appeal has been lodged, pending the determination of the appeal. 

 

A Disability Access Certificate is required for certain works to which the Requirements of Part M apply. Refer to Article 20 D (1) of S.I. 351)  Part M will apply to a material change of use of a building only when it includes a material alteration - in such cases Part M will apply to all works in connection with the material alteration and a Disability Access Certificate should be applied for.

A person shall not carry out works in contravention of Part M of the Second Schedule to the Building Regulations 2000 or any conditions subject to which a Disability Access Certificate is granted (where a Disability Access Certificate is required). 

To avoid potentially expensive remedial work,  it would be considered good practice to apply for a DAC at the same time as a Fire Safety Certificate ((FSC) prior to submitting a commencement notice), therefore ensuring that the DAC and any conditions pertaining to it are set out prior to commencement of works.  

However, a DAC may be applied for after commencement notice, but in no case shall a building be opened, operated or occupied or permitted to do so unless a DAC has been granted or pending determination of an appeals process.

A commencement notice must be submitted between 14-28 days in advance of work commencing.

There is no sq.m application fee for a Disability Access Certificate.

It is expected that drawings will be certified by a person qualified to do so as a building professional- this would be expected to be the professional who completed the drawings.

The need for a revised Disability Access Certificate is not limited to works which have not commenced. It applies where significant revision is made to the design of the building or  works already commenced.  

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. 

You should apply at the same time as applying for a Fire Safety Certificagte. The time scale for assessment of both applications is the same. This ensures you have all relevant information prior to construction

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 Regulations provide for an exemption from fees for primary schools only with 4 mainstream teachers or less, as requested by the Department of Education and Science.

Apply for the Disability Access Certificate immediately/ as soon as possible. Paragraph 2(b) of Departmental Circular BC11/2009 lists what should be provided with the application. Further material may be requested by the Building Control Authority.

It is a fast track notification of commencement of work prior to the granting of a Fire Safety Certificate.

The standard fee is €250 or €5.80 per square metre of floor, whichever is the greater. This is double the amount for a standard Fire Safety Certificate application. 

The fee may vary depending on the work proposed and the fees are listed in the Fifth Schedule of the Building Control Regulations

There is no need for a 7 day notice in respect of a Disability Access Certifiate, as a Disability Access Certificate is not required prior to commencement - see above.

There is no need for a regularisation certificate as Disability Access Certificate only applies to works commencing from Jan 1 2010 and not retrospectively. A Disability Access Certificate must be acquired prior to opening, operating or occupying a building to which works required a Disability Access Certificate. A Disability Access Certificate can be applied for this purpose. 

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.

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.

No. Paper copies are no longer accepted. All forms must now be submitted electronically via the Building Control Management System (BCMS) website. 

Yes. Final Grant is required before a commencement notice can be submitted. 

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.

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.

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. 

This is a matter between the building owner and the builder/professional engaged by the building owner.

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. 

Back