Changes will free up planners and will give homeowners greater freedom to adapt their homes to changing needs.
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:
- For the purposes of this exemption, the relevant period begins on the date that this Regulation is signed and ends on 31 December 2030.
- This exemption shall apply only to development that is commenced and completed during the relevant period.
- 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.
- For the avoidance of doubt, the relevant building control legislation shall apply (such as Building Regulations (including Fire Safety) and Building Control Regulations).
- The construction of the detached house shall not be temporary in nature, such as a caravan or mobile home.
- 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.
- 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.
- This exemption shall not be used in cases where there has been a subdivision of the principal house.
- 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.
- No new vehicular or pedestrian access onto a road shall be constructed under this class.
- Independent pedestrian and/or wheelchair access to the detached house shall be provided within the curtilage of the principal house.
- There shall be no separate connection to utilities, including water or wastewater utilities, subject to paragraph 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.
- The structure shall be a distance of not less than 0.6 metres from any wall or party boundary.
- Any windows proposed in the structure should be at least 0.6 metres from the boundary they face.
- 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.
- 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.
- 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.
- The detached dwelling may not be used for the purposes of Short Term Letting.
- 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.