Planning permission is ALWAYS a crucial requirement for property developments in Ireland, as it ensures orderly and sustainable growth in both urban and rural areas.
However, there are lesser-known aspects of planning laws that are well-known to provide flexibility for homeowners, developers, and investors. Understanding these exemptions and strategic approaches to planning permission can help maneuver property development more effectively while ensuring compliance with Irish planning laws.
Buying a House in Ireland: A Step by Step Guide by a Builder/Solicitor
1. Exempted Developments
Some developments do not require planning permission due to their minimal impact on neighbours and the environment. These are known as “exempted developments” and include:
- Small Extensions – Rear extensions of up to 40 square meters (combined ground and upper floors) may be exempt from planning permission, provided they meet specific conditions.
- Garage Conversions – If converting an attached garage into a living space without significantly increasing floor area, planning permission may not be required.
- Garden Sheds & Greenhouses – Private-use structures under 25 square meters and not exceeding 3 meters in height can often be built without permission.
- Solar Panels & Renewable Energy Installations – Roof-mounted solar panels within specified size limits may not require planning permission.
2. Change of Use
Certain changes in property use do not require planning permission if the new use falls within the same class as the previous one. For example, converting a restaurant into a retail shop might not require approval if the impact on traffic, noise, and the surrounding environment remains minimal.
See full list of exempted Changes of Use HERE.
3. Temporary Structures
Marquees and other temporary structures used for events may not require planning permission if they are in place for a short duration. However, the definition of “temporary” varies by location and use, so consultation with local authorities is recommended.
4. Agricultural Developments
Most agricultural structures are generally exempt from planning permission as long as they are located at least 100 meters from other dwellings. However, certain conditions must be met, such as intended use strictly for farming purposes.
See the full list of agricultural exemptions HERE.
Strategies Used by Developers to Circumvent Planning Permissions.
While most developers operate within legal frameworks, some exploit planning permission regulations to gain approval for projects. According to Adam’s Law LLP Solicitors, a leading authority in Corporate & Commercial Law, common methods include:
1. Agricultural Exemptions
Some developers apply for agricultural exemptions to build farm-related structures but later convert them into residential or commercial properties.
2. Retrospective Planning Permission (Retention Permission)
Certain unauthorised developments proceed without permission, with developers later applying for retrospective permission. While not guaranteed and has an incredibly high risk of failing, some developments have been able to secure retension permission.
3. Piecemeal Planning Applications
Some developers apply for small, seemingly harmless modifications initially. Over time, they submit multiple planning applications to expand the project beyond what would have been approved in a single application.
4. “Garden Grabbing”
Developers may purchase small parcels of land adjacent to properties and seek planning permission for additional dwellings, sometimes at the expense of green space and neighbours’ privacy.
5. Strategic Resubmissions
If a planning application faces objections, developers may withdraw and immediately submit a near-identical application. This can cause objectors to miss the opportunity to file another appeal.
6. Misrepresentation of Ownership and Use
There have been instances where applicants provide misleading information regarding property ownership or usage history to gain planning approval.
Types of Planning Permission
- Outline Planning Permission – General approval without detailed plans.
- Full Planning Permission – Requires detailed drawings and specifications.
- Retention Permission – Used to legalise unauthorised or already built developments.
- Permission for Change of Use – Required when converting a property for a different function.
- Strategic Infrastructure Development (SID) Permissions – For large-scale projects, submitted directly to An Bord Pleanála.
Potential Consequences of Exploiting Planning Permission Loopholes
While some loopholes offer legitimate flexibility, abusing them can lead to serious consequences, including:
- Legal action – Local authorities can issue enforcement notices and take legal steps against unauthorised developments.
- Reduced property value – Unauthorised developments may deter buyers and limit mortgage options.
- Community backlash – Some developments face public opposition, leading to delays and legal challenges.
- Environmental impact – Unregulated projects can lead to destruction of natural habitats and increased pollution.
- Infrastructure strain – Developments that bypass regulations may lack proper access to roads, water, and sewage facilities.
Final Thoughts
While there are legitimate exemptions and strategic planning permission approaches, it is essential to approach property development within the legal framework. Understanding Irish planning laws, consulting professionals, and engaging with local authorities can help developers, homeowners, and investors make informed decisions.
If you are considering a project that may involve planning permission exemptions, ensure you conduct due diligence to avoid costly legal battles or enforcement actions. Planning wisely within the law can help achieve development goals while maintaining compliance and community trust.
SOURCES
- https://planningpermissionireland.ie/frequently-asked-questions/planning-permission-loopholes/
- https://www.citizensinformation.ie/en/housing/planning-permission/planning-permission-for-altering-a-house/
- https://adamslaw.ie/closing-planning-permission-loopholes/
- 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.opr.ie/wp-content/uploads/2022/10/Planning-Leaflet-9-Agricultural-and-Farm-Development-The-Planning-Issues.pdf
