The Minister for Housing, Local Government and Heritage, James Browne TD and the Minister of State for Local Government and Planning John Cummins TD welcomed the new Exempted Development Regulations for Residential Dwellings coming into effect today.

This reform is based on the Government’s Programme for Government commitment to lift the regulatory burden on homeowners and their families while also enabling planning authorities to focus their resources on more complex projects that merit greater examination.

Exempted development regulations had not been substantially updated in almost 25 years and these new regulations form part of the implementation of the Planning and Development Act 2024, itself a significant revision of the Irish planning system.

The changes within the new regulations are motivated by the practical need for homeowners to maximise the efficient use of residential space through enhancements, expansion or adaptation if they wish to do so with their homes.

Source: Department of the Environment Local Housing & Development.

The main changes are as follows (new categories of exempted development are highlighted):

S.I. No. 338 of 2026. Class 1: The floor area permitted for previously planning exempt extensions (single storey structure) has increased from 40m² to 45m². This is an amendment to previous regulations. Conditions apply.

S.I. No. 338 of 2026. Class 3: The floor area permitted for previously planning exempt structures such as a tent, awning, shade or greenhouse, garage, store, shed or other similar structure attached to the rear or to the side of the house has increased from 25m² to 30m². This is an amendment to previous regulations. Conditions apply.

S.I. No. 339 of 2026. CLASS 1A: The subdivision of a house and the restoration of a house to its original form if subdivided under this Class. This is a new category and 10 Conditions apply.

S.I. No. 340 of 2026. CLASS 3A: The construction, erection or placing of a detached house in the rear garden of a principal house. This is a new category and 20 Conditions apply. This Class is time limited. This is probably the most substantial change and the conditions are as follows:

1. For the purposes of this exemption, the relevant period begins on the date that this Regulation is signed and ends on 31 December 2030.
2. This exemption shall apply only to development that is commenced and completed during the relevant period.
3. The detached dwelling may only be occupied in conjunction with the main dwelling house and cannot be sold or subdivided separate to the principal dwelling.
4. For the avoidance of doubt, the relevant building control legislation shall apply (such as Building Regulations (including Fire Safety) and Building Control Regulations).
5. The construction of the detached house shall not be temporary in nature, such as a caravan or mobile home.
6. The height of any such structure shall not exceed, in the case of a building with a tiled or slated pitched roof, 4 metres or, in any other case, 3 metres.
7. The total area of such structures constructed, erected or placed within the rear garden of the curtilage of a detached house shall not be less than 32 square metres. Taken together with any other such structures previously constructed, erected or placed under Class 3 within the said curtilage, shall not exceed 45 square metres.
8. This exemption shall not be used in cases where there has been a subdivision of the principal house.
9. The construction, erection or placing within the curtilage of the principal house of any such structure shall not reduce the total amount of private open space reserved exclusively for the use of the occupants of the house to less than 25 square metres.
10. No new vehicular or pedestrian access onto a road shall be constructed under this class.
11. Independent pedestrian and/or wheelchair access to the detached house shall be provided within the curtilage of the principal house.
12. There shall be no separate connection to utilities, including water or wastewater utilities, subject to paragraph 13.
13. In the case of non-piped waste water treatment, the structure shall not encroach on any approved percolation area. On site waste water, treatment shall be of sufficient capacity to meet the additional loading and shall comply with the EPA Code of Practice for Domestic Waste Water Treatment Systems. There shall be no additional waste water treatment units installed as part of this class.
14. The structure shall be a distance of not less than 0.6 metres from any wall or party boundary.
15. Any windows proposed in the structure should be at least 0.6 metres from the boundary they face.
16. Subject to paragraph 17, a notification shall be submitted to the relevant Planning Authority not less [340] 5 than 14 days prior to the commencement of the works informing them of the intention to use this Class of exemption, confirming that the site meets the requirements under these Regulations and stating the reason for the intended use.
17. A notification under Paragraph 16 shall include the location of the proposed use of this class of exemption and the Eircode of the relevant property.
18. The Planning Authority shall maintain a record of all notifications under this exemption and report annually to the Minister on the number of notifications received under this Class.
19. The detached dwelling may not be used for the purposes of Short Term Letting.
20. The exemption shall only apply where the principal dwelling house is the sole or main residence of the property owner at the time the development is commenced.

S.I. No. 341 of 2026. CLASS 62: The construction, erection or placing of a structure within the curtilage of the house for the purpose of bicycle or bin storage. This is a new category and 4 Conditions apply.

S.I. No. 341 of 2026. CLASS 63: The addition of external wall insulation to a house and any necessary works to facilitate its installation. This is a new category and 3 Conditions apply.

S.I. No. 342 of 2026. CLASS 2 (d): The installation on or within the curtilage of a house of a ground heat pump system (horizontal and vertical) or an air source heat pump. This is an amendment to previous regulations.

S.I. No. 343 of 2026. Class 2A: The removal of a chimney from a house. This is a new category and 3 Conditions apply.

S.I. No. 344 of 2026. CLASS 1B: A dormer roof extension and insertion of a dormer window to the side or rear of the house. This is a new category and 2 Conditions apply.

S.I. No. 344 of 2026. CLASS 1C: The insertion of roof lights on the existing front roof plane of the dwelling. This is a new category and 2 Conditions apply.

Contact Kelleher & Associates for opinions on compliance with Building and Planning Regulations.

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Most buyers do not realise that mortgage valuations are for the lender’s benefit, not yours. Without a thorough pre-purchase property survey, conducted by a trained, experienced Chartered Building Surveyor, you are purchasing blind – risking thousands or euros in hidden defects and missed negotiation opportunities. As part of a recent pre-purchase survey, we were forwarded a valuation report that did not recommend a building (pre-purchase) survey for the almost 100-year-old property, despite it being heavily altered and extended, including the conversion of the roof space. Our survey identified substantial issues with the roof space conversion works and an unusual boundary arrangement.

The cost of not using a Chartered Building Surveyor to inspect your property

The figures below were compiled by the RICS (Royal Institute of Chartered Surveyors)

• According to the Royal Institution of Chartered Surveyors (RICS) buyers who do not have a pre-purchase building survey carried out as part of the home-buying process face an average of €6,600 worth of repairs after moving in, and 17% end up paying over €14,000 to make their homes liveable.
• A professional pre-purchase survey is a highly effective negotiation tool, frequently enabling buyers to reduce property prices by €5,700 to €57,000+ by uncovering hidden structural defects, repairs, and legal issues associated with boundaries or planning issues. Pre-purchase surveys provide an unbiased evaluation of a property’s true condition, with approximately 30% of buyers using survey findings to negotiate a lower price to address structural, electrical, or energy efficiency issues.
• Missing structural issues during a property survey can lead to significant value reductions, often averaging 10-20%, with severe cases resulting in up to 50% devaluation if safety is compromised. These reductions occur because buyers often deduct the high cost of repairs – such as foundation work, roof replacement, or damp remediation – from their offers, or because such defects limit the ability to secure a mortgage.

Contact Us to book your Pre-Purchase Survey.

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Take the risk out of the home buying process by engaging us to carry out a Pre-Purchase Survey.

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Under Irish law, employers and building owners have a legal duty to identify ACMs before any demolition, refurbishment or maintenance work begins. The Health and Safety Authority (HSA) is the regulatory body. Chartered building surveyors play a critical role in identifying risk and triggering the appropriate survey and management obligations.

In Ireland, houses built or refurbished before 2000 may contain three main types of asbestos:

• Chrysotile (White Asbestos): The most common type found in Irish homes. It was frequently used in textured coatings (like Artex), vinyl floor tiles, roofing materials, and cement products.
• Amosite (Brown Asbestos): Often found in Asbestos Insulating Board (AIB), which was used for wall partitions, fire doors, ceiling tiles, and behind old fuseboards. It is more likely to release fibres if damaged compared to chrysotile.
• Crocidolite (Blue Asbestos): Considered the most hazardous type, it is rarely found in domestic homes but may be present in older pipe insulation or sprayed-on coatings.

While six types are regulated in Ireland (including tremolite, actinolite, and anthophyllite), the types highlighted are the primary varieties encountered in residential buildings.

Asbestos is dangerous when fibres become airborne and are inhaled. Intact, undisturbed ACMs in good condition present minimal immediate risk. The danger arises when materials are damaged, drilled, cut, sanded or disturbed during maintenance or renovation work. Often the presence of asbestos comes to light when building works commence.

Kelleher & Associates pay particular attention during pre-purchase survey to any material we feel may contain asbestos. We encounter asbestos containing materials very regularly during the course of our inspections. It is a priority for us that our clients are made fully aware of the risks of asbestos and the importance of further investigation by an asbestos specialist if that is considered necessary.

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The absence of this important documentation can cause significant delays to the conveyancing process, particularly if the alteration of extension required planning permission. Building and planning regulation compliance documentation usually takes the form of ‘Opinions’ of compliance with Building and Planning Regulations or rarely ‘Certificates’ of compliance.

An ‘Opinion’ states that the development carried out, on the basis of a visual inspection, is ‘substantially compliant’ with the relevant building and planning regulations applicable at the time the work was carried out.

A Certificate of Compliance is different in that the Building Regulation aspect of the works was inspected from commencement to completion and is by its nature a superior approach.

Much of the building and planning regulation compliance certification requested from Kelleher & Associates by clients is for compliance documentation related to ‘exempted development’. As the work is completed at the time of inspection, only an ‘Opinion on Compliance’ can be given. Work falling under the planning category of exempted development includes:

• Rear extensions, generally single-storey.
• Roof space conversions.
• Garage conversions.
• Internal modifications.
• Outdoor rooms and outdoor non-habitable structures such as garages attached or separate to the dwelling.
• Minor modifications to front gardens to create extra parking.

It is important, in advance of the property going on the market, that any alteration or extension is covered by an Opinion or Certificate on Compliance. As part of our pre-purchase surveys, we list any alterations and/or extensions and give our view as to whether the development is planning exempt or not and whether, if  applicable, there are building regulation issues.

It is essential that the correct exempted development regulations are  used as a guide during inspections and referenced in the planning compliance documentation. For example, an extension constructed in the 1980s would be covered by the 1977 Planning & Development Regulations rather than the 2001 Planning & Development Regulations.

The 2001 Regulations stipulate a maximum floor area of 40m² and require minimum private open space in order for an extension to be considered exempt whereas the 1977 Regulations has a much smaller floor area limit of 18m² and does not have a minimum private open space requirement.

Talk to Kelleher & Associates if you are uncertain about the planning status of any alterations or extensions you have made to your property.

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There have been a number of notable cases around the country over the years where the enforcement element of the current planning laws has been applied to people who have constructed standalone dwellings on land owned by them.

While outdoor structures are permitted, they cannot, under current regulations, be used as dwellings.

What are the current Planning Regulations relating to such cabins at present?

1. No such structure shall be constructed, erected or placed forward of the front wall of a house.
2. The total area of such structures constructed, erected or placed within the curtilage of a house shall not, taken together with any other such structures previously constructed, erected or placed within the said curtilage, exceed 25 square metres.
3. The construction, erection or placing within the curtilage of a house of any such structure shall not reduce the amount 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.
4. The external finishes of any garage or other structure constructed, erected or placed to the side of a house, and the roof covering where any such structure has a tiled or slated roof, shall conform with those of the house.
5. The height of any such structure shall not exceed, in the case of a building with a tiled or slated pitched roof, 4 metres or, in any other case, 3 metres.
6. The structure shall not be used for human habitation or for the keeping of pigs, poultry, pigeons, ponies or horses, or for any other purpose other than a purpose incidental to the enjoyment of the house as such.

Source: 2001 Planning and Development Regulations

In essence, current regulations permit the use of such structures for purposes ancillary to the main dwelling and not for full time habitation. The size is also quite restrictive making the vast majority unsuitable for full time use as a dwelling.

What is the Government proposing?

The Government is proposing to relax restrictions to allow for larger detached, standalone structures by increasing the scope of the current exempted development regulations. The current Minister for Housing wants new exempted development regulations which would remove the requirement for the extension to be attached to the main dwelling. However, it has been flagged that the proposed regulations will only permit such structures if there sufficient space to the rear of the property (25m2 minimum) is available.

The current maximum size of a ground floor, single storey extension that can be constructed without planning permission is 40m2 and it is likely that this is the maximum size of any structure that will be permitted under the changed regulations. The relaxation of the rules will apply, therefore, to rural areas and houses with larger rear gardens where such structures can be accommodated without reducing garden space to below an acceptable level. Other restrictions on height will also apply.

An update of the current 2001 Exempted Development Regulations with the proposed changes will take place following a public consultation.

Most examples of outdoor rooms that we have inspected as part of our pre-purchase surveys do not comply with current building regulations applicable to dwellings. There should be a parallel process to decide on minimum building regulation standards for such structures with regard to issues such as insulation, waste water disposal, materials and workmanship as well as structural considerations to ensure these buildings provide good quality accommodation. We have not come across any proposals in this regard.

Kelleher & Associates regularly provide Opinions on Compliance with Planning Regulations for outdoor rooms and cabins and can assess you property in terms of its suitability for the construction of a habitable cabin or other modular structure.

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The Business Post 27^th October 2024 published an article explaining the change in approach by the SEAI  when it comes to older building stock. Up to now, SEAI’s home energy upgrade grants and one-stop shop service have focused exclusively on newer houses with cavity wall construction. However, the SEAI says traditionally-built homes require “quite different solutions to more modern, post-1940 buildings”.

For the approximately 250,000 traditionally-built homes in Ireland – whether stone-built cottages, heritage homes, or those constructed before modern building standards – the wrong kind of retrofit can be ineffective, and even damage the fabric of the building.

The use of modern insulation can be disastrous as it interferes with moisture transfer through external walls and other pathways for moisture to be released through the fabric of the building. Increasing air tightness is not appropriate in older buildings given the types of materials used such as porous brick that needs greater levels of internal air movement.

“Retrofitting traditional builds can be more challenging,“ Stephen Farrell, SEAI’s national retrofit programme manager, told the Business Post. “It is important the market and supply chains understand the skills and resources required, informed by qualified conservation professionals, to make these homes more energy-efficient.“

The move follows the publishing, in February 2024, of official guidance on the issue by the Department of Housing, Improving Energy Efficiency in Traditional Buildings – Guidance for Specifiers and Installers. The booklet is also targeted at end users, to help them understand best practice.

The SEAI advises owners of older homes to engage with a traditional building professional to assess the particular needs of their house ahead of any retrofit work. The pilot process differs from a regular one-stop shop scheme in that the homeowner engages the services of such a specialist – typically an accredited architect, surveyor or chartered engineer with conservation experience – who will work with the One Stop Shop to develop a tailored plan for the upgrade. This retrofit will be then eligible for the home energy grant.

The SEAI are seeking 100 traditionally constructed homes to participate in the pilot, which is expected to run until early 2026. In order to be eligible, projects should be aiming for a B2 BER, but the SEAI says it will also consider “projects that can deliver a significant upgrade in performance but not meet those targets“.

It is hoped the learnings from the scheme will lead to a more nuanced national retrofit grants system that takes into account differing building types and ages. “SEAI will better understand the particular challenges and possible solutions for these difficult to treat homes, hopefully widening the net for homes to join Ireland’s energy transition,” said Farrell.

Talk to Kelleher & Associates about pre-purchase or general surveys of period buildings in Dublin and surrounding counties. We can provide comprehensive advice on the best way to retrofit older buildings.

Source of some information and quotations: Business Post, October 2024

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For most residential property sales, it is  estimated that the average timeframe is about four to five months. However, for some property sales there can be delays and for a few, those delays can be significant.

Selling or buying a property is not always straightforward or quick. For most people it is the biggest purchase they will ever make, and the process is designed to protect them and their money. Over the years, other protections have been built into the process for selling property including measures to prevent money laundering and a requirement to collect outstanding taxes on behalf of the Revenue Commissioners.

All of this has made the process more complicated and, in some cases, there may be as many as 15 parties involved in the transaction. Those involved range from the seller and the buyer to multiple financial institutions, government agencies such as local authorities, the Revenue Commissioners and the Probate Office (see page 6 of the guide for the full list).

Some of the process has become digitised but, unfortunately, much of it remains paper based. While there are already projects in place to develop e-Conveyancing and e-Probate, these will take time.

As things stand, there are several common delays in selling your property. If you are aware of them, you can plan ahead and try and avoid them wherever possible.

Source: Society of Chartered Surveyors Ireland

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Frequently, aggressive cleaning causes permanent damage to otherwise only lightly soiled brickwork that can be brought back to life by minimal intervention.

The photographs of the red brickwork are fairly indicative of the problems we encounter during property surveys.

A fairly high percentage of the brickwork has suffered significant ‘freeze-thaw’ damage as a result of trapped moisture within the brickwork freezing  and causing some of the brickwork facings to delaminate. The core of the brick is now exposed allowing moisture to be transferred from the exterior to the interior of the property.

In the case of the examples shown, the use of hard cementitious pointing is the primary cause. Dampness internally was a problem. This pointing needs to be completely removed, an expensive and laborious process, that can only be carried out by a specialist contractor. Lime-based mortar should be used as a replacement pointing material. Badly damaged bricks should be replaced. Salvage yards usually stock matching machine made bricks.

In the case of the yellow stock bricks the original pointing had deteriorated to a very friable condition to the stage that the structural integrity of the external walls was compromised.

Re-pointing will be more straightforward in that modern pointing does not have to be removed. Mortar analysis is recommended to ensure replacement mortars are the right mix.

Never sand blast old brick. Gentle cleaning is sufficient to remove surface dirt.

For any structural pre-purchase survey needs – contact us.

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Our Client was finding the property difficult to heat. We carried out an internal and external thermal imaging survey where several cold wall surfaces stood out were and excessive heat loss was consequently occurring. The heat loss issue in the locations identified was most likely caused by under specification/absence of insulation or poor installation of insulation, possibly compounded by excessive air infiltration and low specification windows. Dampness was ruled out as a contributory actor.

Our Conclusions and Recommendations

1. Overall, the property has been insulated to a reasonably good standard for its time, however, minor improvements as detailed below should in our opinion make a substantial difference to the level of comfort in the property, particularly the first floor accommodation by reducing heat losses.
2. The windows are over 20 years old and heat loss through the glass will be substantial. Replacing the air-filled double glazing in problem rooms such as the Master Bedroom, and the two other bedrooms will make a significant difference in terms of heat retention.
3. Insulate the gable walls internally in Bedroom 1 & 2 and The Master Bedroom. An insulated plasterboard is the best approach. This plasterboard should be a minimum of 60mm thick.
4. Address heat loss issues below the bay windows. The best approach is to dryline the internal faces of the external walls in the Kitchen and Living Room with 60mm insulated plasterboard.
5. Improve the standard of insulation in the crawlspaces and insulate and draught proof all first floor crawlspace doors. Extra insulation should be fitted around the timber purlins to eliminate the cold spots that they create. An insulation specialist should reinstate all existing loose insulation boards to make sure that there is no gap between the insulation and the plasterboard.
6. Hard to reach areas that do not have an accessible void will be much more difficult to make insulation improvements as plasterboard would need to be removed and we don’t think this is justified.
7. Improve insulation cover in peripheral areas such as the dormer windows, however, insulation shortfalls in these areas will not make a substantial difference in terms of heat loss mitigation.

Thermal cameras are used during our pre-purchase house and apartment surveys to assist the building surveyor identify damp and insulation issues. Talk to us about having a heat loss survey conducted on your property.

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The attached image shows slate damage behind a chimney stack that would otherwise go unreported. Also note use of silicone to repair period slates.

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