Planning Exemptions
Section V Exemptions
In accordance with Section V of the Planning and Development Act 2000 (as amended), any person may request a declaration as to whether development is exempt. An application should be made in writing to the planning authority, to determine whether a proposal requires permission or is considered exempted development.
All development requires planning permission unless it is an exempted development, e.g. certain works about the house, on the farm, or other miscellaneous activities which do not require planning permission. The majority of the exempted developments are listed in the Planning and Development Regulations 2001, as amended. Most of the exemptions contain certain conditions and limitations. If the terms of conditions and limitations cannot be complied with, the development cannot be considered as exempted development.
Section 5 Referral or Exemption Declaration
If a question arises as to whether or not a development is or is not exempted development, a person may apply to the planning authority for a declaration on the question. This is known as a section 5 referral or an Exemption Declaration. In order to apply for a section 5 referral it is necessary for the applicant to submit, an application form. The application should be accompanied by:
- Site Location Map Site Layout Plan
- Details of gross floor space of proposed development (if applicable)
- Dimensions of proposed development
- Full details and description of the proposed development
- Details of previous extensions
- Fee of €80.
The planning authority shall issue the declaration, within 4 weeks of the receipt of the request. The planning authority may require further information to be submitted to enable the authority to issue the declaration. In this regard, a declaration shall issue within three weeks of the receipt of this further information. The applicant can appeal the decision to An Bord Pleanála, accompanied by a fee (€210).
Section 5 Declaration of Exempted Development Application Form
Common Queries around Exempted Development
Some of the more common queries regarding exempted development relate to the building of domestic extensions, domestic sheds/garages, and agricultural buildings. Please see extracts below from the Planning & Development Regulations, 2001 (as amended) for detailed information: