Do I Need Planning Permission?
All Development of land or property requires Planning Permission unless the Planning Acts say it is Exempt Development.
Development includes:
- Building, Demolition, Alteration of Buildings or on Land
- Material (i.e. Significant) Change of Use of Buildings or Land
- Both new buildings and extensions to/refurbishment of existing buildings
What is Exempted Development?
Exempted development is development for which planning permission is not required. Generally, it includes developments of a minor nature such as:-
- Building of an extension, shed, garage, boundary walls, etc. within the curtilage of a dwelling house subject to conditions and limitations (see below) and not restricted by a condition of a planning permission
- Works that affect only the interior of a structure.
- Works that do not affect the external appearance of a structure
- Some changes of use.
Persons living in new or recently constructed housing estates should check the planning permission for the development as sometimes conditions are applied specifying the need for planning permission for development that would normally be considered exempted development.
If your property is in the remit of an Architectural Conservation Area, Special Amenity Area Order, or is a Protected Structure/Listed Building these exemptions do not apply. Please see our Conservation, Heritage, Protected Structures section for more details.
The following leaflets give details of the main exemptions.
Doing work around the House - The Planning Issues(PL5)
Agriculture and Farm Development - The Planning Issues(PL6.)
Planning for the Business Person (PL7)
Full details of exempted development provisions including conditions and limitations is contained in Schedule 2, Part 1 of the Planing and Development Regulations 2001, S.I.600 of 2001 which is available on WWW.irishstatutebook.ie
Application for a Declaration of Exemption
You can seek a formal declaration from Fingal County Council to establish if there is a requirement for planning permission for a specific proposal. (under Section 5 of the Planning and Development Act, 2000)
How do I apply for a Declaration of Exemption to Planning Permission?
The procedure is as follows:-
- Request must be made in writing (download Application form below)
- Request must be accompanied by appropriate fee of €80
- Generally, it should also be accompanied by
- sufficiently detailed and scaled drawings
- location map
- site plan
- Any information necessary to enable the Authority to make it's Decision
- Decision normally issued within 4 weeks,
- You can appeal the decision to An Bord Pleanála
Download Declaration of Exemption (from Planning Permission) Form - pdf - 124kb
Download Declaration of Exemption (from Planning Permission) Form - pdf - 124kb
Download Declaration of Exemption (from Planning Permission) Form - pdf - 124kb
