Frequently Asked Questions

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.

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.

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).

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)

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

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.

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, subject to a maximum height of 2m.

(Page 157 Class 5, page159 Class 9)

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.  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)

Yes. From 28/02/2007 these are exempted under new Class 2 to exempted regulations, subject to limitations. 

The Planning and Development (Amendment) Regulations 2007 give effect to exempted development provisions in respect of renewable energies for dwellings and refer to the installation or erection of a solar panel on or within the curtilage of a house, or on any buildings within the curtilage of a house is exempt subject to compliance with the following conditions and limitations:

Solar Panels:

The total aperture area of any such panel taken together with any such panels previously placed on or within the curtilage of a house shall not exceed 12 sqm or 50% of the total roof area, whichever is the lesser;

1.   The distance between the plane of the wall or a pitched roof and the panel shall not exceed 15 cm;

2.   The distance between the plan of a flat roof and the panel shall not exceed 50cm;

3.   The solar panels shall be a minimum of 50cm from any edge of the wall or roof on which it is to be mounted;

4.   The height of a free standing solar array shall not exceed 2 metres at its highest point, above ground level;

5.   A free standing solar array shall not be placed on or forward of the front wall of the a house;

6.   The erection of any free standing solar array shall not reduce the area of private open space to the rear or side of the house to less than 25 sq m.

Wind Turbines:

The construction, erection or placing within the curtilage of a house of a wind turbine is exempt subject to the following Regulations (Class 2)

1.   The turbine shall not be erected on or within the curtilage of a house of a wind attached to the house or any building or other structure within its curtilage.

2.   The total height of the turbine shall not exceed 13 metres.

3.   The rotor diameter shall not exceed 6 metres.

4.   The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.

5.   The supporting tower shall be a distance of not less than the total structure height (including the blade of the turbine at the highest point of its arc) plus one metre from any party boundary.

6.    Noise levels must not exceed 43db(A) during normal operation, or in excess of 5db(A) above the background noise, whichever is greater, as measured from the nearest neighbouring inhabited dwelling.

7.   No more than one turbine shall be erected within the curtilage of a house.

8.   No such structure shall be constructed, erected or placed forward of the front wall of a house.

9.   All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.

10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.

FYI - The Planning and Development (Amendment) Regulations 2008 (SI 256 of 2008) give effect to exempted development provisions in respect of renewable energies for industrial buildings, business premises and agricultural holdings.     

Please refer to Regulations for further information. 

Yes, not exempted development.

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

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).

Generally, No. Refer to exempted development regulations for limitations.

(Page 163).

6 months.  From 31/03/2003 an additional 3 months can be granted where agreed.

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)

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. 

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.

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.

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

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

Protected Structures are buildings, features and structures within Dún Laoghaire-Rathdown that are protected because they meet one or more of the Categories of Special Interest set out in Section 51 (1) of the Planning & Development Act, 2000 and Section 2.5.4 of the Architectural Heritage Protection Guidelines. These categories are Architectural, Historical, Archaeological, Artistic, Cultural, Scientific, Technical and Social.

The list containing all the structures that are protected within Dun Laoghaire Rathdown is known as the Record of Protected Structures (RPS). Prior to an Act in 1999 these buildings or features were known as Listed Buildings, but this title no longer applies. The RPS is a dynamic record to which structures continue to be added and sometimes deleted.

There are no fees at stage 1.

There are no fees at stage 1.

The fees for stage 3 are as follows:
There is a charge of €130 per housing unit.
Other structures are charged at €7.20 per square metre to a max of €32,400

There is a retention charge of €390 per housing unit.
Other structures are have a retention charge of €15 per square metre to a max of €65,000

Submission of EIS at €10,000
Submission of NIS at €10,000

My house and garden is contained on the map. What is the consequence?
Your house and garden is identified on the map because it meets the criteria for the tax, which is based on residential led zonings and servicing by infrastructure suitable for provision of housing.  The house and garden are not liable for the tax, as long as the house is subject to Local Property Tax (LPT).

Do I need to make a submission?
While anyone may make a submission, it may not be necessary, as a home owner, to make a submission.  Even if your house is identified on the maps, residences shall not be chargeable to the Residential Zoned Land Tax.

What if my garden is greater than 0.4047ha (1 acre)?
If your garden is greater than this size, then you need to register for the RZLT with the Revenue Commissioners, however your house and garden will not be liable for the tax. You will be able to register for RZLT from late 2023 onwards. No action needs to be taken to register at this time.  Please see revenue.ie for details closer to the time.

Submissions / observations on the Pre-Draft Consultation can be made in one of the following ways:

• In writing to - Senior Executive Officer, Planning and Economic Development Department, Dún Laoghaire Rathdown County Council, County Hall, Marine Road, Dún Laoghaire, Co. Dublin, A96 K6C, or,
• Online through our Consultation Hub

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 building^1,2.

• 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. 

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.

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.

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.

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.

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 €800 per building.

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

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 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. 

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

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

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

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

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. 

All plan documents and Chief Executive's Reports associared with each stage involved in the preparation of the County Development Plan 2022-2028 is set out above.

The Draft Plan can also still be viewed within the virtual room that was prepared for its consulation phase.

A Development Plan sets out the land use zoning objectives for an area.

The land use zoning objectives for the County are set out over a series of 14 maps and an interactive webmap.

Certain uses which may be permitted in principle or open for consideration within each land use zone is set out Chapter 13 of the Development Plan.

Proposed development within an area occurs when a developer (public or private), or an individual, proposes and obtains the relevant planning permission. This ‘development management’ process is separate to the Development Plan making process. Proposed development is required to accord with the provisions of a Development Plan.

All owners and occupiers of properties or structures added to or deleted from the Record of Protected Structures (RPS) in the adopted Plan are legally required to be notified as per Section 12(13) of the Planning and Development Act (as amended).

The requirements of Section 12(13) of the Act may result in you receiving two letters if the owner is also occupier the structure added or deleted from the RPS.

The Record of Protected Structures is set out in Appendix 4 of the Development Plan and are shown in a dark yellow colour on land use zoning maps. 

If you have received a letter in relation to the addition of property / structure to the Record of Protected Structures in error, please advise the Planning Department as soon as possible using the contact details at the top of the letter.

The surveys carried out by the Minister for Housing, Local Government and Heritage for part of the County were not fully completed prior to the adoption of the current County Development Plan 2016-2022.

If you consider that further adjustment to the boundary of a proposed ACA is required, please make a submission on the Draft Plan.
Details on how to make a submission to the Draft Plan can be viewed here.

The list of FAQs do not purport to be a legal interpretation of the Planning and Development Act 2000, (as amedned) and are simply for information purposes.

Flood Zone Maps are maps of areas predicted to be at risk of flooding in the 1.0% annual exceedance probability (AEP) event (1 in 100 year - Flood Zone A) and the 0.1% AEP event (1 in 1000 year - Flood Zone B).
The Flood Zone Maps were produced as an output of the Eastern Catchment Flood Risk Assessment & Management (ECFRAMs) project (2010 -2017) and were subject to statutory consultation and approval during that period.

For specific flood risk considerations of an area, please Appendix 15 Strategic Flood Risk Assessment of the Development Plan.

During the Special Development Plan Council meetings on 12th, 13th, 14th,18th 19th, 20th and 21st of October 2021, the Elected Members, by way of resolution, agreed to amend the Draft Development Plan.
The proposed amendments, or material alterations, resulted from:
• A recommendation in the Chief Executive’s Report on Draft Plan Consultation,
• A motion proposed by an Elected Member, and/or
• A combination of the above.

The County Development Plan 2022-2028 was made / adopted, with amendments, by the elected members during Special County Development Plan meetings on the 9th and 10th March 2022.

Section (12) (17) of the Planning and Development Act, 2000 (as amended), states:

"A development plan made under this section shall have effect 6 weeks from the day that it is made."

The new plan came into force on the 21st April 2022.

The Dún Laoghaire Rathdown County Development Plan 2022-2028 is available to view above. Hardcopies are available to view at Planning Department, County Hall, Marine Road, Dún Laoghaire, Co. Dublin Mon-Fri (excluding Bank Holidays) between 10.00a.m. and 4.00p.m. and at the Council Offices, Dundrum Office Park Main Street, Dundrum, Dublin 14 Mon-Fri (excluding Bank Holidays) from 9.30a.m. to 12.30p.m. and 1.30p.m. to 4.30p.m.

Hardcopies of the Plan will not be available to purchase until the process relating to the Draft Ministerial Direction is complete.

As per Section 31AM(6) of the Planning and Development Act, 2000 (as amended), the Planning Authority notified the Office of the Planning Regulator (OPR) of the making of the Plan within 5 working days of its adoption.

The OPR was of the opinion that the development plan was not made in a manner consistent with the recommendations of the office and failed to set out an overall strategy for the proper planning and sustainable development of the area concerned. The OPR therefore issued a notice with recommendations to the Minister for Local Government and Planning.

The Minister exercised his function to rectify the matter by issuing a Draft Direction in accordance with Section 31(7) of the Planning and Development Act, 2000 (as amended), to the Planning Authority with regard the making of the Dún Laoghaire-Rathdown County Development Plan 2022-2028.

In accordance with Section 31 of the Planning and Development Act, 2000 (as amended), the Minister issued the Planning and Development (Dún LaoghaireRathdown County Development Plan 2022-2028) Direction 2022 to the Planning Authority on 28th September 2022.