Planning Exemptions

Exempted Development – A General Guide

The information below provides a general overview of some common types of domestic development that may be exempt from planning permission under the Planning and Development Act 2024 and the Planning and Development Regulations.

Every property and every proposal is different. Whether development is exempt depends on the specific circumstances of your property, including previous extensions or alterations, site constraints, protected structure status, Architectural Conservation Areas, planning conditions attached to the property, and other legislative requirements.

We strongly recommend that you seek professional advice before carrying out any building works. If you require certainty that proposed or completed works are exempt from planning permission, we can prepare an Application for a Declaration on Exempted Development under Section 10 of the Planning and Development Act 2024 for submission to the relevant Planning Authority.

Examples of Development That May Be Exempt

The following are examples of works that may qualify as exempted development, subject to meeting all applicable conditions and limitations:

• Single-storey rear extensions to a house, provided the total floor area of all extensions does not exceed 40 square metres, the required private open space is retained, and all applicable height, boundary and other statutory requirements are satisfied.

• Domestic garages and sheds, including the conversion of an attached garage to habitable accommodation, where the relevant size, height, location and use limitations are complied with. Detached domestic outbuildings are generally limited to a combined floor area of 25 square metres and must remain ancillary to the dwelling.

• Front porches with a floor area not exceeding 2 square metres, subject to minimum setback distances from public roads and compliance with applicable height restrictions.

• Boundary walls, fences and gates, generally up to 1.2 metres in height where fronting a public road and up to 2 metres elsewhere, subject to location and visibility requirements. Planning permission is generally required where a new vehicular entrance is proposed or an existing entrance onto a public road is widened.

• Domestic fuel storage tanks, boiler houses and flues/chimneys, where they comply with the applicable exemptions and dimensional limits.

• Hard landscaping, including driveways, car parking spaces, patios and garden paths.

• Television aerials and satellite dishes, where installed in accordance with the relevant size, number and location restrictions.

Important Information

Exemptions do not apply in every circumstance. Planning permission may still be required where:

• the property is a Protected Structure or is within an Architectural Conservation Area;

• previous planning permissions contain conditions removing exempted development rights;

• the proposal materially affects neighbouring properties, public safety or protected features;

• other statutory consents are required.

As planning legislation continues to evolve, each project should be assessed on its own merits. We are happy to advise whether your proposal is likely to qualify as exempted development and, where required, prepare a formal application for a Declaration of Exempted Development with the relevant Planning Authority.