County Waterford, Ireland
Exempted Development Frequently Asked Questions
What is exempted development?
Can a change of use be exempted development?
What is a ‘material change of use’?
Can I build an extension without planning permission?
Can I convert my garage to domestic use with planning permission?
Can I build a garage or a shed without planning permission?
Can I build a boiler house without planning permission?
Can I build a front porch?
Can I erect walls, fences and gates around my house?
Can I build paths, ponds and patios?
Can I put up a television aerial?
Can I carry out internal alteration, external repairs and maintenance?
Do velux windows require planning permission?
Do I require planning permission to convert my attic?
Does a mobile home or caravan need permission?
Can I erect a domestic wind turbine?
Is the installation of solar panels on a house exempt?
Is the installation of a ground heat pump system or an air source heat pump for a house exempt?
Is the installation or erection of solar panels, a wind turbine at a business premises or agricultural holding exempt?
Can I get written confirmation from the Planning Authority that my proposed development is exempted?
What is a Declaration under Section 5 of the Planning and Development Act 2000?
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What is exempted development?
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in the Planning and Development Regulations. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, such as small extensions to houses, etc.
Can a change of use be exempted development?
Yes. Where a change of use is not ‘material’, planning permission is not required.
What is a ‘material change of use’?
This depends on the circumstances of each situation. Generally, any change of use of a substantial nature, which has an impact or potential impact on neighbours or the local community, will need planning permission. The planning authority can give advice on whether it considers any particular change of use is significant enough to be material, for planning purposes, through the pre-planning consultation process.
Can I build an extension without planning permission?
Small scale domestic extensions, including conservatories, do not require planning permission if the extension is to the rear of the house and comply with the following:
• the original floor area of the house is not increased by more than 40 square metres. It is important to note that where the house has been extended before, the floor area of the extension you are now proposing and the floor area of any previous extension, including those for which you got planning permission, cannot exceed 40 square metres;
• for terraced or semi-detached houses, the floor area of any extension above ground level does not exceed 12 square metres, this includes any previous extensions carried out;
• for detached houses, the floor area of any extension above ground level does not exceed 20 square metres, this includes any previous extensions carried out;
• any extension above ground floor level is at least 2m from any party boundary;
• any extension does not exceed the height of the house;
• any extension does not reduce the area of private open space, reserved for the occupants of the house, to less than 25 square metres.
There are also rules about the height allowed in such an extension. These are that:
• if the rear wall of the house does not include a gable, the height of the walls of the extension must not exceed the height of the rear wall of the house;
• if the rear wall of the existing house has a gable, the walls of the extension (excluding any gable being built as part of the extension) shall not be higher than the side walls of the house;
• in the case of a flat roofed extension, the height of the highest part of the roof may not exceed the height of the eaves or parapet. In any other case, no part of the new roof may exceed the highest part of the roof of the house;
• a gable is the upper part of a wall (normally triangular), between the sloping ends of a pitched roof.
There are also rules about the required distances between windows in extensions, the facing boundary of the adjoining property and the use of the roof of the extension. These are;
• any windows proposed at ground floor level as part of an extension should not be less than 1 metre from the boundary they face;
• any windows proposed at above ground level should be not less than 11 metres from the boundary they face;
• the roof of any such extension should not be used as a balcony or roof garden.
Can I convert my garage to domestic use without planning permission?
The conversion for use as part of a dwelling house (e.g. as a living room or bedroom) of a garage, store, shed etc. attached to the rear or side of a house is normally exempted development, subject to the 40 square metre limit and conditions as set out in Can I build an extension without planning permission? above being complied with.
Can I build a garage or a shed without planning permission?
You can build a garage, carport, shed, greenhouse, kennel for domestic pets etc., as long as it does not extend out in front of the building line of the house and does not exceed 4 metres in height, (if it has a tiled or slated pitched roof), or 3 metres (if it has any other roof type). The floor area limitation for exempted development is 25 square metres.
The structure may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses. Garages, sheds etc. to the side of the house must match the finish of the house. You cannot reduce the open private space, reserved exclusively for the use of the occupants of the house, at the side or rear of the house below 25 square metres.
Can I build a boiler house without planning permission?
You can build a chimney, boiler house or oil storage tank, as part of a central heating system of a house without planning permission. The only stipulation is that the oil storage tank does not exceed 3,500 litres.
You can build a porch without planning permission, as long as it does not exceed 2 square metres in area and is more than 2 metres from any public road or footpath. Where the porch has a tiled or slated pitched roof, it must not exceed 4 metres in height, or 3 metres for any other roof type. A front porch within these limits is the only type of development allowed to extend beyond the front wall of the building (the building line) and still remain exempted.
Can I erect walls, fences and gates around my house?
Capped walls made of brick, stone or block with a decorative finish, railings and wooden fences, can be erected as long as they do not exceed 1.2 metres in height in front of your house or 2 metres at the side or rear. If the wall is made of plain blocks or mass concrete it must be rendered or plastered on the face visible from any road, path or public area. Metal palisade or security fences are not exempt from permission.
Gates and gateways may be built or replaced providing they do not exceed 2 metres in height. You will generally need planning permission if you wish to make a new or wider access to the public road.
Can I build paths, ponds and patios?
Car parking spaces, hard surfacing, garden paths, garden ponds and patios and landscaping works etc. are exempt once the level of the ground is not altered by more than 1 metre above or below the level of the adjoining ground.
The provision of a hard surface for parking to the front or side of a house is limited not more than 2 motor vehicles. In all cases the car parking must be for private vehicles.
Can I put up a television aerial?
A radio or TV aerial on your roof is exempt once it does not exceed 6 metres in height above the roof.
A satellite dish, of up to 1 metre in diameter, may be erected to the rear or side of the house provided it is below the top of the roof. Only one dish may be erected on a house. A dish to the front of a house needs permission.
Can I carry out internal alteration, external repairs and maintenance?
You can carry out any internal alteration you wish as long as you do not alter the domestic use of the house. External works of repair, maintenance and improvement such as painting or replastering do not need planning permission so long as they do not materially affect the external appearance, thus rendering the appearance inconsistent with neighbouring buildings. You may need approval for certain external alteration e.g. a new connection to a sewer.
This exemption does not apply to protected structures, nor to the subdivision of a house into flats or granny flats. Planning permission must be obtained for such works.
Do velux windows require planning permission?
Yes, velux windows, whether to the front or rear are not exempt and therefore require planning permission. Refer to planning permission section for advice on how to lodge a planning application.
Do I require planning permission to convert my attic?
Yes, the conversion of an attic is not exempt and therefore requires planning permission. You can carry out internal alternations to a dwelling but you cannot change the use from storage to habitable use or carry out external works such as installation of velux windows/dormer windows/etc without planning permission. If you are considering lodging an application for permission for change of use of an attic to habitable use, you should ensure that your proposed development complies with the Building Regulations (with particular regard to adequate floor to ceiling height) and you should also have regard to the potential for overlooking of adjoining properties.
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Does a mobile home or caravan need permission?
The keeping or storing of a caravan, campervan or boat within the curtilage of a house is exempt from permission provided that there is not more than one caravan, campervan or boat, that it is not so kept or stored for more than 9 months in any year, or occupied as a dwelling while so kept or stored. It should not be used for the storage, display, advertisement or sale of goods or for the purposes of any business.
A storage, keeping or occupation of a mobile home requires planning permission.
Can I erect a domestic wind turbine?
A wind turbine can be erected or placed within the curtilage of a dwelling provided the following conditions are met:-
1. The turbine is not erected on or attached to the house or any building or other structure within its curtilage;
2. The total height of the turbine does not exceed 13 metres;
3. The rotor diameter does not exceed 6 metres;
4. The minimum distance between the lower tip of the rotor and ground level is not 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 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 telecommunications 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,
Is the installation of solar panels on a house exempt?
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:-
1. The total aperature area of any such panel taken together with any other such panels previously placed on or within the curtilage of a house shall not exceed 12 square metres or 50% of the total roof area, which ever is the lesser;
2. The distance between the plane of the wall or a pitched roof and the panel shall not exceed 15 centimetres;
3. The distance between the plane of a flat roof and the panel shall not exceed 50 centimetres;
4. The solar panel shall be a minimum of 50cm from any edge of the wall or roof on which it is mounted;
5. The height of a free standing solar array shall not exceed 2 metres, at its highest point, above ground level;
6. A free standing solar array shall not be placed on or forward of the front wall of a house;
7. 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 square metres.
Is the installation of a ground heat pump system or an air source heat pump for a house exempt?
The installation on or within the curtilage of a house, of a ground heat pump system or an air source heat pump, is exempt subject to compliance with the following conditions:-
1. The level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground;
2. The total area of such a heat pump, taken together with any other such pumps previously erected, shall not exceed 2.5 square metres;
3. The heat pump shall be a minimum of 50cm from any edge of the wall of roof on which it is mounted.
4. No such structure shall be erected on, or forward of, the front wall or roof of the house;
5. 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.
Is the installation or erection of solar panels, a wind turbine at a business premises or agricultural holding exempt?
Under SI No. 235 of 2008, Planning and Development Regulations 2001 - 2008, exemptions were introduced for the construction of certain renewable energy technologies at business premises, industrial buildings and agricultural holdings. These include structures for housing a Combined Heat and Power system, wind turbine, solar panels, ground source heat system or air source heat pumps, etc subject to compliance with certain conditions. A full copy of the exemptions can be viewed on the DoEHLG website by clicking here.
Can I get written confirmation from the Planning Authority that my proposed development is exempted?
Yes, you can seek a Declaration under Section 5 of the Planning and Development Act 2000. Click here to download the Section 5 Declaration application form.
What is a Declaration under Section 5 of the Planning and Development Act 2000?
Under Section 5 of the Planning and Development Acts 2000-2006, a person can seek a formal declaration from the planning authority to establish if there is a requirement for planning permission for a specific proposal.
You must complete the Section 5 Declaration application form and forward it along with a site location map, a fee of €80.00, and as much detail as possible outlining your proposal (drawings, photos etc,). The form is available on line or at the planning counter. A decision will generally issue in four weeks. If the Planning Authority fails to issue a declaration in 4 weeks or the applicant is not satisfied with the decision of the Planning Authority, the applicant may refer the matter to An Bord Pleanala. See An Bord Pleanala website www.pleanala.ie for more details in this regard
