Section 5 of Ireland's Planning and Development Act allows people to get official clarification on whether
their planned development needs permission. This helps avoid legal trouble by ensuring certainty beforehand.

Purpose of Section 5:

Clarification on Exemptions:

In Ireland, planning permission is usually needed for development. But Section 5 lets you check with your local authority if your project qualifies as an "exemption" – a minor development that doesn't require permission. This helps you avoid needing formal planning permission if your project is small enough.

Process and Application:

Application Submission: To obtain a declaration under Section 5, an individual must submit a written request to their local planning authority. This request should include detailed information about the proposed development, such as plans, drawings, and any other relevant details to aid the authority in making an informed decision.
Decision Timeline: The planning authority must decide on the Section 5 declaration request within four weeks of receiving the application, ensuring that applicants receive timely information to proceed with their development plans.

Outcomes of Section 5 Declaration:

Declaration of Exemption: If the planning authority determines the proposed development is exempt from planning permission, they will issue a declaration confirming this. This declaration legally assures that the development can proceed without planning permission, subject to the conditions of the exemption.
Requirement for Planning Permission: If the planning authority concludes the development does not qualify for exemption, they will inform the applicant that planning permission is required, ensuring all regulatory and planning standards are met before proceeding.

Importance of Section 5:

Legal Certainty: Obtaining a Section 5 declaration provides property owners and developers with legal certainty, reducing the risk of proceeding with a development that may later be deemed unauthorized due to the lack of planning permission.
Guidance for Compliance: The process clarifies the boundaries of exempted development, encouraging compliance with planning laws and helping to avoid potential legal and financial repercussions associated with unauthorized developments.

Houses (Extensions, Renovations, Sheds):

This guide explains when building work on your house in Ireland might skip the planning permission process. It focuses on exemptions for renovations, extensions, and small outbuildings, helping you understand if your project qualifies.

Understanding the Basics of Exemptions: Irish planning rules allow some minor developments to skip formal permission. These "exemptions" are for small projects that likely won't bother neighbors or the environment.
Exemptions for New Builds: Building a new house usually needs permission in Ireland. However, rural planning rules might rarely allow exceptions for farm needs or replacing an old structure under strict conditions.
Exemptions for House Renovations:

House extensions can often be built without planning permission, subject to strict conditions:

Size Limits: Extensions must not increase the original floor area by more than 40 square meters. This limit is stricter for terraced or semi-detached houses.
Height Restrictions: Extensions cannot be taller than the existing house or extend beyond the front building line.
Previous Extensions: The 40 square meter limit includes the floor area of any extensions added since 1964 or the house's construction date, whichever is later.

Velux Windows:

Rear Roof Installation: Velux windows in Ireland might skip permission if placed on the back roof. Rear installations are less likely to affect how the building looks from streets and public areas.
Non-Protrusion: Windows in the extension must be flush with the existing roofline and should not extend above or beyond the current roof surface.
Light and Privacy: When installing Velux windows, consider their impact on light and privacy for neighboring properties, especially in densely populated areas, even though roof windows typically cause fewer issues than other extensions or alterations.

Exemptions for Sheds, Garages, and Ancillary Buildings:

Building sheds, garages, and other small structures may not need permission in Ireland if they meet certain conditions:

The total area must be under 25 square meters.
The height cannot exceed the house height or 4 meters (pitched roof) or 3 meters (flat roof).
There must be at least 25 square meters of private open space remaining behind the house.
The structure cannot be used for living, certain animals, or business.

General Considerations and Restrictions:

For protected structures, planning permission is usually required for any work, including renovations or extensions.
Structures should not obstruct visibility for road users or compromise road safety.
Developments must respect boundary conditions and not affect the rights or amenities of neighbors.

Navigating the Exemption Process:

Here's a concise summary of the steps to navigate planning permission exemptions for house renovations and extensions in Ireland:

Review Conditions: Carefully check the specific rules for each exemption type.
Seek Help (Optional): Consider consulting a professional or your local planning authority for complex projects.
Extra Certainty (Optional): Apply for a Section 5 declaration to get official confirmation from your local authority.

Exemptions and Apartments:

This text introduces a guide about planning permissions for apartment buildings. Unlike smaller developments, apartments need to go through a stricter process to get approval. The guide will explain the details of this process and the few exceptions available.

Understanding the Planning Framework for Apartments:

Ireland has a strict framework for apartment planning. This ensures high quality living spaces, sustainable cities, and efficient land use. The rules cover things like building height, how many

apartments can be built on a plot, design guidelines, and amenities. This makes sure new apartments benefit the overall city.

The Limited Scope of Exemptions:

Unlike smaller projects, apartments almost always need planning permission. This is because they're big, complex developments that can impact the city greatly. Planning authorities need to carefully check them to ensure they follow the city's development goals and rules.

Key Areas Where Exemptions Do Not Apply:

This section outlines situations where planning permission is needed for apartments:

New buildings: Always needed due to density, design, infrastructure, and area impact considerations.
Extensions/modifications: Significant changes to size, height, or capacity of existing buildings require permission.
Change of use: Converting a building to or from apartments usually needs permission due to its impact on function and infrastructure.

Navigating the Planning Process for Apartments:

Building apartments in Ireland requires planning permission due to few exemptions. To navigate this process, developers should:

Talk to the local planning authority beforehand to get advice.
Prepare a detailed application with plans, environmental assessments, and proof it meets guidelines.
Involve the community early to address concerns and get feedback.

Following these steps and building high-quality, sustainable apartments can help meet Ireland's housing needs and improve cities.

Exemptions From Planning Permission in Ireland