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Section 5 Declaration for Exempted Development

In accordance with Section 5 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.  

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 
  • Details of previous extensions 
  • Fee of €80.  

The planner will then assess the application and make a decision within four weeks. The applicant can appeal the decision to An Bord Pleanála, accompanied by a fee (€210). 


Dept of Housing: Planning Circular letter No. PL 02/2026

Effective 27th July 2026

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 to the side or rear of the house and roof lights on the front roof plane of the 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.
  • A new exemption will provide for the removal of a chimney from a house. Further details are available via the following link Planning and Development (Exempted Development (Act of 2000)) Regulations 2026

Notification Form for Class 1A and Class 3A available here from the following link: Notification Form


Exemption for Change of Use from Commercial to Residential 

The Planning & Development (Amendment) (No. 2) Regulations 2018 (S.I. No. 30 of 2018) – provides an exemption, for a period of time, for the change of use and related works of vacant commercial premises for residential purposes. 

The change of use, and any related works, must occur between when the 2018 Regulation came into operation on 8th February 2018 and the 31st December 2028. Therefore, while the exempted development will be permanent in nature, the exemption can only be availed of for a temporary period. 

A planning authority must be notified in writing of the details of the development at least 2 weeks prior to the commencement of the proposed change of use, and related works, and the notification must include information on the location and details of residential units being developed. The planning authority is required to maintain a record of any notifications received; make the record publicly available online and at their office; and submit annual returns to the Minister detailing the notifications received. 

It should be noted that the provision of an exemption does not remove the requirement to comply with the building regulations or any other code. Primary responsibility for compliance with the Building Regulations rests with the owners, designers and builders of buildings. 

Section 5 Register

Download the Section 5 Register privacy statement