in this video i want to take a look at what is exempt development in irish planning laws
my name is terry gory i'm a solicitor in enfield academy and i make videos about irish law small
business entrepreneurship if you're buying or selling a property you need to be concerned
about the planning laws you need to be concerned about certificates of compliance with planning
permission and building regulations in this video though i want to look at what is exempt there's a
certain development in irish law which is exempt from the requirement to get planning permission
there's two main sources of this the first source is section 4 of the planning and development act
of 2000 the second main source is the planning and development regulations of 2001 that is statutory
instrument 600 of 2001. if we take a look then at section four of the planning and development
act of 2000 it's divided into two parts part one sets out the main categories of exempted
development the important one here from your perspective if you're a homeowner or if you're
thinking of buying a property is development which affects only the interior of a structure
or which does not materially affect the external appearance of the structure
this development is exempt i'll say that again it's basically internal development of a property
that's exempt this would cover for example the conversion of an attic without the need
for planning permission provided that there are no dormer windows because if there are dharma windows
then it's not internal development because you're going to have
a dormer sticking out essentially of the existing dwelling and it's not entirely internal
so v-locks windows are fine unless they're at the front or at the side in which case
you need planning permission a v looks to the back doesn't require applying permission but in general
exempt development does include interior development of a property so anything to do with
knocking an internal wall perhaps extending from the kitchen into perhaps a dining area or
into the back into a utility room or something that's fine doesn't require applying permission
other main categories of exempt development in the section 4 of the planning and development act
uh 2000 would include agricultural development and development by a county council in its own
functional area it also includes development by an urban district council so the local
authority essentially the planning authority the statutory body they can develop within their own
jurisdictional area their own functional area without the need for plant information
if we move on then from section 4 of the planning and development act 2000 to the
very important statutory instrument 600 of 2001 that is the planning and development regulations
2001. it has a schedule there schedule is essentially a fancy legal word for a list it has a
list at the end of the regulations which contains all of the exempt developments developments
which are exempt from the requirement to get planning permission that schedule is divided
into two columns column one describes the type of development that is exempt and column two sets out
the conditions and limitations attaching if any so exempt developments subject to the conditions and
limitations set out in column two would include for example an extension to the rear of a house
i repeat again that all of the developments which are exempt pursuant to the schedule two of the
planning and development regulations of 2001 are subject to conditions and limitations you need to
check those so an extension to the rear of a house exit exempt development of itself however it's
subject to a maximum size i think it's 40 square meters conversion of a garage store shed is exempt
a chimney boiler house oil storage tank a shed garage store greenhouse television areas aerials
a fence gate wall landscaping works a porch again subject to conditions subject to a size limitation
keeping or storing a caravan camper van both within the cartilage of a house again within the
context of the conditions etc that are set out so regulations are key the regulations also deal with
change of use temporary structures development for industrial purposes development by statutory
bodies advertisements rural development agricultural structures and classes of use
the bottom line is that the value of any property can be enhanced or diminished by crop development
or development that doesn't have plan information or development that's not exempt or development
that does not comply with building regulations so the appropriate certificates of compliance with
building regulations and planning permission are essential documents of title when you're buying
or indeed when you're selling property there is exempt development and if somebody is telling you
your solicitor will obviously look into this but if somebody is telling you yes i have a shed out
the back or we did an extension or i have a porch or i did an attic conversion and i stuck in velox
windows if somebody is saying to you that this is exempt development that's fine but they must prove
it they prove it by a certificate of compliance or a certificate of exemption from an architect
or an engineer who has insurance who will refer to the regulations and refer to the basis on which it
is exempt development hope you find this video useful if you do i'd appreciate if you gave it
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