Exempted Development 
Exempted development is development that does not require planning permission, the purpose of which is to facilitate developments of a minor nature. However, the development must fall within the exemption thresholds. If the development exceeds the thresholds, the development requires planning permission. Categories of exempted development and thresholds are set out in the Planning and Development Act 2000 (as amended) and the Planning and Development Regulations (as amended).

Section 5 Declaration
Under Section 5 of the Planning and Development Act 2000 (as amended), any person, on payment of the prescribed fee, may request in writing from the planning authority a declaration as to what in any particular case is or is not exempted development within the meaning of the Act. The person shall provide to the planning authority any information necessary to enable the authority to make a decision on the matter.

Section 5 Declaration of Exemption Application Form

Section 57 Declaration
Owners or occupiers of a Protected Structure may request a ‘declaration’ under Section 57 of the Act. The purpose of this declaration is for Planning Authorities to clarify in writing the kind of works that would or would not materially affect the character of the structure or any element of the structure which contributes to its special interest. The issuing of a declaration is a service that the Planning Authority provides at no cost to the owner or occupant of a protected structure. The Planning Authority has twelve weeks from the receipt of a request for a Section 57 to have it completed.

Section 57 Declaration Application Form

Article 10(6)(a) Exemption Change of use from Commercial to Residential
Under Article 10 of the Planning and Development Regulations, an exemption may be provided, for a temporary period, for the change of use and related works of certain vacant commercial premises to residential without the need to obtain planning permission. Statutory Instrument No. 75 of 2022 has extended this exemption to 31/12/2028 and added a new use class (Class 12 – public houses), to the specified use classes that can qualify to avail of the planning exemption, subject to certain conditions and limitations.
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.

Article 10(6)(a) Exemption Application Form
Article 10 (6) (a) Exemption – Public Register 

Other information regarding Exempted Development
The Office of the Planning Regulator and the Department of Housing, Local Government and Heritage have published a series of planning leaflets dealing with all aspects of the planning system. This specific leaflet contains some information on exempted development.

https://www.opr.ie/wp-content/uploads/2022/11/Planning-Leaflet-8-A-Guide-to-Doing-Work-Around-the-House-1.pdf

New Exemptions for Types of Residential Developments
These amendments expand what homeowners may build without applying for planning permission.

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. [Class 1A]
• 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. Note that any existing exempted structure(s) are to be included in the max 45 square metres. [Class 3A]
• 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 links Planning and Development (Exempted Development (Act of 2000)) Regulations 2026

Applicants are advised that to avail of an exemption under Class 1A [subdivision of a house] and Class 3A [detached auxiliary dwelling], notification must be submitted to the Planning Authority within 14 days prior to commencement of such developments.

Please be advised that in order to meet the requirements of the exemptions, there are a series of conditions as specified to be met. Homeowners and their agents are strongly advised to familiarise themselves with all specified legislative requirements.

The Notification process requires the completion and submission of a form to the Planning Department, located in link below. It will be the homeowner’s responsibility to ensure full compliance with the legislative provisions (see SI 338 and SI 340).

The additional link below provides information on the application of Building Regulations and Building Control Regulations, highlighting the principal issues that need to be considered when building an auxiliary dwelling in the rear garden of an existing dwelling house.

Exempted Development Notification of Class 1A or Class 3A form  

 Application of the Building Regulations and the Building Control Regulations to Auxiliary Dwellings