Understanding planning permission exemptions is very important for both homeowners and property developers in Ireland. While many developments require planning approval, there are numerous scenarios where exemptions apply, and allow minor modifications and extensions without formal permission.
This guide provides an overview of planning permission exemptions for homes and apartments in Ireland, along with frequently asked questions to help you determine whether your project qualifies for exemption.
Buying a House in Ireland: A Step by Step Guide by a Builder/Solicitor
1. What is Planning Permission and When is it Required?
Planning permission is a legal requirement for most types of property development, including new buildings, extensions, and changes in land use. However, certain works are classified as exempted developments, meaning they do not require permission under specific conditions.
The purpose of these exemptions is to facilitate minor developments that do not significantly impact neighbours or the environment.
2. Planning Permission Exemptions for Homes
A. Extensions
You do not need planning permission for home extensions if:
- The total floor area does not exceed 40 square metres (including previous extensions).
- It is not higher than the original house.
- An extension above ground level must be at least 2 metres from any boundary, and the floor area does not exceed 12 square metres (terraced or semi-detached houses) or 20 square metres (detached houses).
- The extension does not reduce the private open space at the back of the house to less than 25 square metres.
B. Garages, Sheds, and Greenhouses
A garage attached to the back or side of your house can be converted to domestic use as long as it has a floor area of less than 40 square metres. If you want to convert a garage for business use, see ‘Planning permission for a material change of use‘.
You can also build a garage, shed, greenhouse at the back or side of your house without permission as long as it:
- Does not exceed 25 square metres.
- Does not extend out in front of the building line of the house
- It must be no higher than 4 metres (pitched roof) or 3 metres (other roof types).
- It must not be used for residential living, commercial purposes (i.e, airbnb) or for keeping livestock.
- The new space does not reduce the open space at the back or side of the house to less than 25 square metres.
C. Front Porches
- A front porch is exempt if it is not more than 2 square metres in any area, and is set back at least 2 metres from any public road or footpath.
- Maximum height – 4 metres (pitched roof porch), 3 metres (other porch roof types).
D. Attic Conversions & Velux Windows
- Internal attic conversions do not require permission if no changes are made to the external structure of the house.
- Rear-facing Velux windows are exempt if they do not protrude above the existing roof plane.
E. Walls, Fences, and Gates
- Capped walls, wooden fences, and railings up to 1.2 metres (front) and 2 metres (side or back of house) are exempt.
- Gates may be built or replaced up to 2 metres high.
PS. You always need planning permission if you want to widen or create new access to a public road.
F. Central Heating & Energy Systems
- Boilerhouses, oil tanks (up to 3,500 litres), and chimneys are exempt.
- Roof Solar panels do not require permission
- Freestanding solar panels do not require permission if they do not exceed 2.5metres above ground and cover less than 25 square metres.
- Wind turbines must not exceed 13 metres in height or a rotor diameter of 6 metres.
G. Roof Alterations
- A TV aerial can be installed on the roof if it is not more than 6 metres above the roof.
- Satellite dishes (1 metre max diameter) must be placed at the back or side of the house.
NB – You must get full planning permission for a satellite dish on the front of the house. You must only install one satellite dish on your house.
3. Planning Permission Exemptions for Apartments You Own.
Unlike houses, apartments generally require planning permission for most significant interior & exterior changes. Apartment buildings are usually owned by management companies, so you must inform them first if you want to make structural changes, e.g, tearing down a wall.
This is because there could be issues for the rest of the apartment building that they would need to assess, like load bearing walls or changing fire escape routes.
However, certain minor works may be exempt:
- Internal alterations that do not affect the external appearance or integrity of the structure.
- Routine maintenance and repairs that do not involve significant changes.
- Changes that do not impact density, parking, or safety regulations.
However, apartments are not exempt from:
- Extensions or significant modifications, i.e change of windows that differ significantly from the other apartments.
- External alterations that affect the building’s structure, ie balcony or staircase.
- Change of use (e.g., converting office space to apartments).
4. Planning Permission for a Material Change of Use
A material change of use occurs when the use of a building or land is altered significantly enough to impact the surrounding area. Examples requiring permission include:
- Converting a garage into a business space.
- Converting a room in your apartment into a business space
- Changing a house into a crèche or guesthouse with more than four bedrooms.
- Converting a commercial property into a home (unless exempt under specific regulations).
However, from 2018, certain vacant commercial properties (e.g., pubs) may be converted into homes without permission. See more HERE.
5. How to Apply for Planning Permission
If your project requires planning permission, follow these steps:
- Consult your local authority – Check if your project qualifies for an exemption.
- Prepare your application – Include site plans, building specifications, and other required documents.
- Submit your application – This can be done through your local planning office.
- Public Notice Requirement – You may need to publish a notice in a local newspaper.
- Decision and Appeals – The process typically takes 8-12 weeks. If rejected, you can appeal to An Bord Pleanála.
Frequently Asked Questions (FAQs)
Can I convert my garage into a living space without permission?
Yes, if the garage is already attached to the side or rear of the house and is under 40 square metres.
Can I build a two-storey extension without permission?
Yes, but only if it meets the size, height, and distance restrictions outlined above. Read more HERE.
Can I convert a commercial property into a home without permission?
Possibly. Some vacant commercial buildings (e.g., pubs) can be converted without planning permission.
Can I build a shed at the front of my house?
No. Sheds, garages, and greenhouses must be at the back or side of the house.
Do I need permission to demolish a building?
You need permission to destroy a non-derelict habitable house, a protected structure or a building in a terrace, or one which is attached to another building in separate ownership.
Can I build a boundary wall higher than 2 metres?
No, unless you obtain planning permission.
Conclusion
Understanding planning permission exemptions can save homeowners time and money when making modifications to their property. While many small-scale projects do not require permission, larger developments and apartments typically do.
Always consult your local authority before starting work to ensure compliance and avoid legal issues.
SOURCES
- https://www.citizensinformation.ie/en/housing/planning-permission/planning-permission-for-altering-a-house/
- https://planningpermissionireland.ie/planning-permission-guide/exemptions/
- https://www.bellassociates.ie/services/exempted-planning-guidelines/
- https://www.meath.ie/council/council-services/planning-and-building/planning-permission/do-you-need-planning-permission/exempted-developments
- https://www.auctioneera.ie/changes-amendments-to-apartments
- https://www.opr.ie/wp-content/uploads/2022/11/Planning-Leaflet-8-A-Guide-to-Doing-Work-Around-the-House-1.pdf
- https://www.gov.ie/en/press-release/a0bca-almost-100-pubs-set-to-be-redeveloped-to-create-nearly-300-new-homes/#:~:text=Planning%20exemptions%20introduced%20in%202018,to%20be%20converted%20into%20homes.
