The seven Planning and Development (Exempted Development (Act of 2000)) Regulations, amend the Planning and Development Regulations 2001, as amended (Regulations of 2001) to provide for:
- The existing exemption for extension of the principal dwelling will be increased from 40 square metres to 45 square metres.
- A new exemption will provide for extension via the addition of dormer roof boxes and roof lights on the principal dwelling.
- A new exemption for sub-division of the principal dwelling will allow for the creation of up to 1 additional self-contained unit within the existing building envelope, with a minimum floor area for each subdivided unit of 32 square metres.
- A new exemption for an auxiliary habitable dwelling will allow for the addition of a detached auxiliary dwelling to the rear of the principal house, linked to the services of the principal house, which may be between 32 square metres and 45 square metres.
- A new exemption will allow for the provision of insulation on external walls of a dwelling, in line with existing SEAI grant provision.
- The exemption for a heat pump will be expanded so that it is not restricted to the rear of the property.
- A new exemption will provide for cycle or bin storage at both the front and back of the property, with enough space to hold either 3-4 adult size bicycles, 2 cargo bikes or 3 wheelie bins.
- The existing exemption for a structure in the back garden (such as a shed, store,home office or gym) will be increased from 25 square metres to 30 square metres.
Particular attention is drawn to the detail set out in the Regulations, such as the applicable conditions. In the case of new Class 1A (sub-division) and new Class 3A (Detached Auxiliary Dwelling “DAD”), this includes:
- The requirement to notify the planning authority at least 14 days before the development takes place. This will also provide a basis for each planning authority to report to the Minister for Housing, Local Government and Heritage on a regular basis on the uptake of this measure in each planning authority, so that the use of this exemption may be kept under review. A suggested template for notifications for use by planning authorities for this purpose is included at Appendix I below.
- Both Regulations (Class 1A and Class 3A) are time-bound and the related exemption provisions will expire on 31 December 2030.
In all cases, any relevant Building and Fire Regulations, including those for habitable dwellings where applicable, will continue to apply.