Significant changes to Ireland’s exempted development regime for residential property came into effect on 27 July 2026. The changes introduce a range of new and expanded circumstances in which homeowners can carry out works without the need to obtain planning permission.
A number of Planning and Development (Exempted Development Regulations, 2026 (the "Regulations"), give effect to the changes. They represent the most substantial update to the residential exempted development regime in almost 25 years.
The reforms are part of the Government's wider programme of planning reform and are intended to reduce the regulatory burden on homeowners, facilitate more efficient use of existing residential accommodation and allow planning authorities to focus resources on more complex development matters.
Key changes
The new Regulations introduce and expand several exemptions for works to residential properties. These include:
- Residential extensions: the maximum floor area of an extension to a principal dwelling which may qualify as exempted development has increased from 40 sq.m to 45 sq.m, subject to the applicable conditions and limitations.
- Subdivision of existing homes: a principal dwelling can be subdivided to create one additional self-contained residential unit within the existing building envelope. Each unit must have a minimum floor area of 32 sq.m and several conditions apply.
- Detached auxiliary dwellings: the Regulations permit the construction of a detached auxiliary habitable dwelling to the rear of a principal house. The new dwelling may have a floor area of between 32 sq.m and 45 sq.m, must be linked to the services of the principal house and is subject to detailed conditions and limitations.
- Dormer extensions and rooflights: the exemptions have been expanded to facilitate certain dormer roof extensions and rooflights, subject to specified requirements.
- Garden structures: the maximum aggregate floor area for certain structures within the rear garden of a house, such as a shed, store, home office or gym, has increased from 25 sq.m to 30 sq.m.
- Energy efficiency measures: the Regulations introduce and expand exemptions relating to external wall insulation and heat pumps.
- Cycle and bin storage: new exemptions facilitate the provision of cycle and bin storage to the front and rear of residential properties, subject to applicable size and design requirements.
Subdivision and auxiliary residential accommodation
Two of the most significant changes are the introduction of exemptions for the subdivision of an existing dwelling and the provision of a detached auxiliary dwelling within the rear garden of a principal house.
The measures are intended to facilitate a more efficient use of existing residential properties providing greater opportunities for multigenerational living and the provision of independent accommodation.
However, these exemptions are subject to several important conditions.
In each case, notification must be submitted to the relevant planning authority at least 14 days before works commence. The works must also be commenced and completed within the prescribed period ending on 31 December 2030.
Property owners seeking to rely on these exemptions should carefully consider whether all conditions and limitations are satisfied before commencing development.
Other legal and regulatory considerations
While the new exemptions remove the requirement to obtain planning permission for certain developments, other legal and regulatory requirements continue to apply.
Depending on the particular property and proposed works, consideration should still be given to matters including:
- compliance with the building regulations and building control requirements;
- fire safety;
- restrictive covenants affecting the title;
- rights of way and other third-party rights;
- the terms of any mortgage or other security affecting the property;
- protected structures and architectural conservation areas;
- environmental requirements; and
- conditions attaching to an existing planning permission for the property.
These issues may also become relevant on a subsequent sale, financing or other transaction involving the property. A purchaser or lender may require evidence that works carried out without planning permission properly qualified as exempted development and complied with the applicable conditions.
Conclusion
The new exemptions provide greater flexibility for homeowners to alter and adapt existing residential properties without the need to obtain planning permission.
However, exempted development remains subject to detailed statutory criteria. Where those criteria are not met, the development may require planning permission notwithstanding that it falls generally within one of the new exemption categories.
Property owners or developers proposing to rely on the new exemptions should ensure at an early stage that the development satisfies all relevant conditions and limitations and should retain appropriate evidence demonstrating compliance.
For more information or advice on the new exempted development regime and its potential application to your property or development, please contact Aisling Farrell or your usual contact in Beauchamps.
