FAQ

FAQ

Below find answers to some of the questions that we are regularly asked. If your question is not covered, please feel free to contact us and we will be happy to assist.

Do I need Planning Permission?

The decision as to whether your project requires Planning Permission depends on the size and location of the work you intend to carry out. We shall be able to determine whether or not this is required from an initial site visit.

There are certain works that can be carried out to your property which do not require planning permission.

These are categorised as Exempted Development under the Planning and Development Acts 2000 to 2006. For example, it is possible to extend a residential dwelling by up to 40sqm to the rear without seeking the permission of the planning authority, however there
are certain conditions which the proposal must comply with in order to qualify for this exemption.

The planning process takes approximately 12 weeks altogether (assuming there are no appeals lodged with An Bord Pleanala).

During the initial 5 week period of the application, third parties may make observations or objections and the Planning Authority will issue their decision after 8 weeks.

In certain circumstances, the Planning Authority may seek further information or clarification prior to them issuing their initial decision.

The final 4 week period is for any third party (or the applicant) to appeal the decision made to An Bord Pleanala.

Where there is uncertainty as to whether a development is exempt or not we can make a Section 5 reference to the relevant planning authority to seek formal acknowledgment that the development is exempt. Within eight weeks of the Section 5 reference, the
planning authority must give a decision on whether or not a proposed development is exempt or in need of planning permission.

This involves providing the planning authority with all of the necessary information to enable the authority to make a decision on the matter, for example site maps, drawings. etc.

The decision as to whether your renovation project requires planning permission depends on several aspects of the build. Example, will you be adding to the front or side of the building, will you be increasing the height of the building, is the building in an Architectural
Conservation Area etc.

Our experience in renovations and extensions means we can advise you on whether or not planning permission is required.

Planning permission is required for ALL types of dormer windows proposed to any part of the roof of a house. Planning permission is required for rooflights or skylights proposed on any roof slope of a dwelling that faces onto a public street. Planning permission is not required for rooflights or skylights proposed on the rear roof slope of a dwelling or on roof slopes that do not face onto a public street provided that they lie flush with the existing roof slope. In this case, it should be noted that the number and size of rooflights or skylights proposed should not dominate the roof slope – it is recommended that they do not cover more than 20% of the roof slope on which they are located.

A Building Energy Rating (B.E.R.) is an indication of the energy performance of a home.

It covers energy use for space heating, water heating, ventilation and lighting calculated on the basis of standard occupancy.

A BER is similar to the energy label for a household electrical appliance like your fridge. The label has a scale of A-G. A-rated homes are the most energy efficient and will tend to have the lowest energy bills.

Retention planning is the process of applying for planning permission for something that has already been built or altered without prior permission. It is also known as regularisation or retrospective planning. Retention planning is not a right but a concession that may be granted by the planning authority, depending on the circumstances and the impact of the development on the environment and the neighbours.

It is not a way to bypass the normal planning process, nor is it a guarantee that you will get permission for something that would otherwise be refused. It is just a way to rectify a situation where you have breached the planning laws and to avoid further consequences, such as enforcement action, demolition orders, or prosecution.

You need to pay a planning fee for your retention planning application, which is three times the normal fee for a similar development. For example, if the normal fee for a house extension is €34, the fee for a retention planning application for the same extension is €102. 

This is to discourage people from building or altering without permission and to cover the extra costs of the planning authority in dealing with your application.

Planning permission is required for all extensions proposed to the front of a house except for a small porch. This includes structures to the front of the house such as a canopy or bay windows, or other changes that will affect the character of the house. We can advise on what is allowable.

A family flat refers to a unit created through the subdivision or extension of a dwelling to accommodate a member of the immediate family for a limited period. Planning permission is normally required for such development.

In these circumstances the family flat should be

  • subordinate to the main dwelling
  • generally not exceed 50% of the floor area of the main dwelling
  • be linked directly to the main dwelling via an internal access door (at both ground and first floor levels if the extension or sub-division is two-storey in nature).
  • If an external door to the new family flat is required, it should be located to the side or rear
    of the new unit rather than to the front of the house

Planning permission is not required for the erection of a solar panel on the wall or roof of a house or any buildings within the curtilage of a house as long as it meets the following criteria:

  • the total aperture area of any panel combined with any existing solar panels on the house or within the curtilage does not exceed 12sq.m. in area or 50% of the total roof area, whichever is the lesser;
  • the solar panel is located a minimum of 50cm from the edge of the wall or roof on which it is mounted;
  • the distance between the plane of the wall or a pitched roof and the panel is not more than 15cm;
  • the distance between the plane of a flat roof and the solar panel is not more than 50cm.

Garden decking or the creation of other hard surfaces are exempt from planning permission provided that the ground level is not altered or raised by more than 1m.

Therefore, where ground levels in a rear garden vary considerably, resulting in the decking or hard surface being raised by more than 1m, planning permission will be required.

In the construction or alteration of a gate, gateway, railing or wooden fence or a wall of brick or stone you must ensure the following:

  • The height of a wall or fence within or bounding any garden or other space in front of a house shall not exceed 1.2 metres or 2.0m in height if located to the rear of a house.
  • Every wall other than a dry or natural stone wall bounding any garden or other space shall be capped and the face of any wall of concrete or concrete block (other than blocks with decorative finish) which will be visible from any road, path or public area, including public open space, shall be rendered or plastered.
  • No garden boundary shall be a metal palisade or other security type fence. The plastering or capping of a concrete block or mass concrete wall does not in itself require planning permission but in the interests of residential amenity every effort should be made to achieve a finish which is consistent with that of your property and other buildings in the area.

The standard duration for planning permission (permission or outline permission) is five years from the date the permission was granted. In certain circumstances, where you have a planning permission but have not completed the development within the “life” of
the permission, you may apply to the planning authority to extend the lifetime of the permission. However, such an application will only be granted if the planning authority is satisfied that:

  • the application has been made within the timeframes specified in planning law;
  • substantial works have been carried out during the lifetime of the permission;
  • the development will be completed in a reasonable time period; and
  • EIA or AA is not required for the remaining elements of the development.

If a planning permission expires and you apply for a new permission for the same development, the planning authority may refuse permission or attach significantly different conditions. This can happen if planning policies or the requirements for the proper planning and sustainable development of the area have changed in the interim.

When one builds new work, extends or alters existing property in any way, this is generally classed as ‘development’ under the planning regulations. Some minor works can be classed as ‘exempted developments’, which by their description, they are exempt from planning permission. All other development requires planning permission, therefore if a piece of ‘development’ is not exempt it requires planning permission in ALL cases. This is very clear in the regulations.

The seven-year rule comes from the understanding or in some instances the misunderstanding of the statute of limitations as applied within the planning legislation in Ireland. Once 7 years have elapsed, the planning authority (the County Council) are statute barred from taking any enforcement proceeding against the unauthorised development that otherwise would have required planning permission.

However, the fact that the planning authority does not have the right to pursue the enforcement of a breach of the Planning Regulations, does not mean that the development automatically has planning permission. Problems may arise when the property owner wants to sell or finance the property with the ‘unauthorised development’. In this case the ‘seven-year rule’ may be of no use at all. When a solicitor is acting on behalf of a client looking to raise finance on a property or is acting on behalf of a purchaser of a said property, the solicitor must ensure that the title is ‘clean’ and give an undertaking as such, to any lending institute that may be involved or have an interest in the transaction.

If the property does not have the proper planning permissions in place, the ‘clean’ title will not be available and as a result the person selling the property or the person trying to raise finance on the property may have problems in doing so. In this instance, the only available option is to regularise the matter through a retention planning application, in order to be in a position to have the ‘clean’ title