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Is the 40 square metre planning exemption cumulative in Ireland?

Yes. Under Class 1 of Schedule 2 to the Planning and Development Regulations 2001, the 40 m² allowance applies to the total floor area of all extensions built to a house since it was first constructed, not to each individual project.

The 40 m² exemption for house extensions under Class 1 of Schedule 2 to the Planning and Development Regulations 2001 is measured cumulatively. This means the limit applies to the combined floor area of every extension added to the original house since it was first built, not to each new extension considered in isolation. If a previous owner already added a 20 m² extension under the exemption, only 20 m² of exempted floor area remains available for any future extension.

This cumulative approach applies whether the earlier extension was built under the exemption, under a specific grant of planning permission, or even without any permission at all — the regulations look at the total area added to the 'original house' as it stood on the relevant appointed date, generally 1 October 1964 or the date the house was built if later. Extensions that were the subject of their own planning permission are usually excluded from the cumulative calculation, but this needs to be checked against the specific permission granted.

In practice this means a homeowner planning a new extension must establish, often through old planning files, historic Ordnance Survey mapping, or the property's own planning history with the local authority, exactly how much floor area has already been added under the exemption. Getting this wrong and exceeding the true cumulative limit means the new extension is not exempted development, even if it looks identical to previous exempt work.

How to check your remaining allowance

Work through these steps before assuming you have the full 40 m² available:

  • Establish the floor area of the house as originally built, before any extensions
  • Search the local authority's planning register for any past permissions relating to the property
  • Identify any extensions built without a specific permission, which are likely to have relied on the exemption
  • Add up the floor area of all such exempted extensions to date
  • Subtract that figure from 40 m² to find the remaining exempted allowance
  • Remember that extensions covered by their own specific planning permission are usually treated separately
  • Get a professional measured survey if the history is unclear

If the maths is tight or the history is uncertain, it is safer to apply for planning permission for the new extension rather than risk an unauthorised structure.

Getting a definitive answer

Where the planning history of a house is unclear, a section 5 declaration application to the local authority under the Planning and Development Act 2000 can confirm both the remaining exempted allowance and whether a specific proposal falls within it. This is particularly worthwhile before buying a house with a history of informal extensions.

Sources

Last reviewed 20 August 2026. General information only — not legal or planning advice.

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