Domestic Exemptions

Demolition

The demolition of a building, or buildings, within the curtilage of a house,  an industrial building,  a business premises, or a farmyard complex is exempt.  The demolition of part of a habitable house in connection with the provision of an extension or porch of the exempted dimensions is exempted.

No such building or buildings shall abut on another building in separate ownership. The cumulative floor area of any such  building, or buildings, shall not exceed:

• in the case of a building, or buildings within the curtilage of a house, 40 square metres, and
•  in all other cases, 100 square metres.

No such demolition shall be carried out to facilitate development of any class prescribed for environmental assessment.

House Extensions

The curtilage of a dwelling house refers to the external land used for the benefit of the dwelling house as such.  It commonly includes the dwelling house’s yard and garden. The curtilage may  be relative to the nature and setting of the particular dwelling house.

It is a matter of interpretation as to how far the curtilage extends. This will be uncontroversial in most cases.

The extension of a house by the construction or erection of an extension, including a conservatory, to the rear or by the conversion for use of part of a garage, store, shed or other similar structure attached to the rear or side of the house is exempted subject to a number of conditions.  The total area is measured relative to the size of the original house or the house as it existed at the commencement of planning legislation.

The total area of extensions is not to exceed 40 square metres.  In the case of a terraced or semi-detached house, the total area above the ground floor level is not to exceed 12 square metres. In the case of a detached house, the limit is 20 square metres. The area allowed includes those used up by previous extensions, whether permitted by planning permission or not.

An above-ground floor extension must be at least two metres from a party boundary. Where the rear wall does not include a gable, the height of the walls of the extension is not to exceed the height of the rear wall of the house.  Where it does include a gable, the height is not to exceed the height of the sidewalls of the house.  The height of the highest part of the roof of an extension is not, in the case of a flat roof extension, to exceed the height of the eaves or parapet or in other cases, the height of the highest part of a pitched roof extension.

An extension to the rear must not reduce the area of private open space to the rear of the house, reserved exclusively for the occupants of the house, to less than 25 square metres. A window at ground floor level must be at least one metre from the boundary it faces.  Windows above ground floor level must be at least 11 metres from the boundary it faces.

Where the house is detached and the floor area above the ground floor exceeds 12 square metres, any window proposed above ground floor level must be at least 11 metres from the boundary it faces.  The roof of an extension may not be used as a balcony or roof garden.

External Development to Houses

The provision as part of a central heating system of a house of a chimney, boiler house or oil storage tank is exempt.  The capacity of the oil storage tank must be less than 3,500 litres.

The construction, erection or placing within the curtilage of a house of any tent, awning,  shed or another object, greenhouse, garage, storage shed or other similar structure is exempt subject to the following conditions. The structure may not be placed forward of the front wall of the house.  The total area of such structures shall not, when taken together, exceed 25 square metres.  The private open space shall not be reduced to less than 25 square metres.

The height of a structure shall not exceed, in the case of a building with a tiled or pitched roof, four metres, or in other cases, three metres. The structure must not be used for human habitation, the keeping of pigs, poultry, ponies or horses or for any purpose other than a purpose incidental to the enjoyment of the house as such. The external finishes of any garage or any structure placed at the side of a house and the roof covering (where it has a tiled or slated roof) shall conform with those of the house.

The construction or erection of a porch outside any external door of a house is exempt, subject to the following conditions.  The structure must be at least two metres from any public road, must not exceed two square metres in area, and its height shall not exceed, in the case of the structure with a tiled or slated pitched roof, four metres, or in other cases three metres.

The erection of a wireless or television antenna other than a satellite dish on the roof of a house is exempt. The height of the antenna must not exceed six metres.

The erection on or within the curtilage of a house of a satellite dish is exempt.   The diameter may not exceed one metre.   No antenna (or dish) may be erected forward of the front wall of the house.  It shall not be erected in the front roof slope of a house or higher than the highest part of the roof of the house.

Ancillary Works to Curtilage I

The construction, erection or alteration within or bounding in the curtilage of a gateway railing, wooden fence or wall of brick, stone, block with a decorative finish, other concrete blocks or mass concrete, is exempt subject to the following conditions.  The height shall not exceed two metres or in the case of a wall or fence within or bounding any garden or other space in front of a house, 1.2 metres.

Every wall, other than a dry or natural stonewall bounding any garden or other space, shall be capped and the face of it, other than blocks with a decorative finish, which will be visible from the front, shall be rendered and plastered.  A metal palisade or other security fence is not permitted.

The construction, erection, renewal or replacement of any gate or gateway other than within or bounding the curtilage, less than two metres in height is exempt.

The plastering or capping of a wall of concrete blocks or mass concrete is exempt.

The construction, erection, lowering, repair or replacement (other than within or bounding the curtilage of a house) of any fence (not being a hoarding or sheet metal fence) or any wall of brick stone blocks with a decorative finish, other concrete blocks or mass concrete is exempt.

The height must not exceed 1.2 metres or the height of the structure being replaced, whichever is greater, and in any event, shall not exceed two metres.  Any such wall, other than a dry and natural stone wall bounding the road, shall be capped and the face of the wall of concrete block shall be rendered and plastered, where visible from a roadway or pathway.  This does not apply to blocks of a decorative finish.

Ancillary Works to Curtilage II

The construction of any path, drain, pond or the carrying out of landscaping works within the curtilage of a house is exempt. Works for the provision to the rear of a house of a hard surface,  where used for a purpose incidental to the enjoyment of the house and the provision to the front or side of a hard surface for the parking of not more than two vehicles used incidental to the house, is exempt.  The level of the ground may not be altered by more than one metre above or below the adjoining ground.

The keeping or storing of a caravan, campervan or boat within the curtilage of a dwelling house is exempt.  Not more than one such may be kept or stored.  It shall not be used for the purpose of storage, display, advertisement or sale of goods or for the purpose of any business.  It shall not be kept for than nine months in any year or occupied as a dwelling house when so stored.

The painting of the external part of a  building or structure is exempt. The painting must not, other than in the case of a hoarding or other temporary structure bounding land where works are being carried out, be for the purpose of creating a mural.

The repair or improvement of any private street, road or way being works carried on within its boundary are exempt provided that the width of the private footpath or paving does not exceed three metres.

Wells and Drilling

The sinking of a well, drilling of a bore hole, erection of a pump or construction of a pump house for the purpose of providing a domestic water supply or group water supply scheme in accordance to a plan or proposal approved by the Minister or local authority, for the purpose of making a grant towards the cost of such works, is exempt.

The drilling or excavation for the purpose of surveying land or examining the depth or nature of the subsoil, other than drilling or excavation for the purpose of mineral prospecting, is exempt.

Connection to Utilities

The connection of any premises to wired broadcast relay services, sewer water main, gas main or electricity supply line or cable, including the breaking up of any street or other land for that purpose, is exempt. The construction or erection by a person of a cabinet, as part of a wired broadcast relay service, is exempt, provided that the volume above ground of any such cabinet, is not to exceed one cubic metre, measured externally.

Hard Surfaces

Any works within the curtilage of a dwelling house for the provision to the rear of a hard surface for any purpose incidental to the enjoyment of the house are exempt, subject to conditions.

The provision of a hard surface in the area of the garden front of the building line or in the area of the garden to the side of the side building line of the house, for purposes incidental to the enjoyment of the house as such, is exempt provided

• that the area of the hard surface is less than 25 square metres or less than 50% of the area of the garden forward of the front building line of the house, or 50% of the area of the garden to the side of the side building line of the house, as the case may be, whichever is the smaller, or
• if the area of the hard surface is 25 square metres or greater or comprises more than 50% of the area of the garden forward of the front building line of the house or 50% of the area of the garden to the side of the side building line of the house, as the case may be, it shall be constructed using permeable materials or otherwise allow for rainwater to soak into the ground.

Turbines

The construction erection or placing within the curtilage of a house of a wind turbine is exempt, subject to conditions. It may not be erected on are attached to the house or any building. Total height shall not exceed 13 m. The rotor shall not exceed 6 m. The lower tip shall be at least 3 m above ground.

The minimum clearance from any party boundary of the supporting tower shall be not less than the total height of the structure including the blade plus a meter. The noise level is not to exceed 43dB during normal operations or over five dB above background noise whichever is greater measured from the nearest inhabited dwelling house.

One turbine only may be erected. It may not be forward of the front wall of the house.

The turbine must have a matt nonreflective finish. No sign or advertisement may be attached or exhibited.

Solar Panels

The placing or erection on a roof of a house, or within the curtilage of a house, or on a roof of any ancillary buildings within the curtilage of a house (this class does not include apartments) of a solar photo-voltaic and/or a solar thermal collector installation is exempt, subject to conditions.

• The distance between the plane of the roof and the solar photo-voltaic or solar thermal collector panels shall not exceed 50cm in the case of a flat roof or 15cm in any other case.
• the solar photo-voltaic or solar thermal collector panels shall be a minimum of 50cm from the edge of a roof on which it is mounted.
• Any free-standing solar photo-voltaic or solar thermal collector installation shall not be placed or erected forward of the front wall of the house.
• The total aperture area of any free-standing solar photo-voltaic and solar thermal collector panels taken together with any other such existing free- standing panels shall not exceed 25 square metres.
• The placing or erection of any free-standing solar photovoltaic or solar thermal collector installation shall not reduce the remaining area of private open space, reserved exclusively for the use of the occupants of the house, to the rear or to the side of the house to less than 25 square metres.
• The height of any free-standing solar photo-voltaic or solar thermal collector installation shall not exceed 2.5 metres at its highest point above ground level
• The placing or erection of a solar photo- voltaic or solar thermal collector installation on any wall shall not be exempted development.
• The placing or erection of any free- standing solar photo-voltaic or solar thermal collector installation within an Architectural Conservation Area shall only be exempted development if those works would not materially affect the character of the area.
• Development under this Class which causes hazardous glint and/or glare shall not be exempted development and any solar photo-voltaic or solar thermal collector panels which are causing hazardous glint and/or glare shall either be removed or be covered until such time as a mitigation plan to address the hazardous glint and/or glare is agreed and implemented to the satisfaction of the Planning Authority.

Heat Pump

The installation within the curtilage of a house of a ground heat pump system (horizontal or vertical) or an air source heat pump is exempt, subject to conditions.

The ground level shall not be altered by more than 1 m above or below the level of the adjoining ground. The total area of the heat pump with other previous pumps shall not exceed 2.5 m². There shall be a minimum of 50 cm from the edge of the wall or roof upon which it is mounted.

The structure cannot be installed on or forward of the front wall or roof of the house. Noise level shall not exceed 43 dB during normal operation or in excess of five dB above the background noise.

Apartment Solar Panels

There is an exemption for placing solar photovoltaic and solar thermal collector installations (solar panels). There are detailed conditions, some of which apply only in solar safeguarding zones. They require prior notice of certain matters to the planning authority.

The total maximum aperture areas is generally 300 m². There are provisions regarding distances between the plane of the roof and the collector panels. There are conditions regarding ancillary equipment. There are conditions regarding distance from the edge. The height must not generally be more than 1.6 m above roof level.

No signs other than warning notices et cetera are permitted. The solar panels are exempted only where the electricity or heating is used within the buildings comprising the apartments.