How to work out if your project is exempt
Check your proposal against these points before assuming it is exempt:
- Identify the specific Schedule 2 class that covers your type of works (extension, shed, wall, access, etc.)
- Read every condition attached to that class, not just the headline size or height limit
- Check whether the property is a protected structure or in an architectural conservation area
- Check whether any existing planning permission has a condition removing exempted development rights
- Add up any previous extensions or structures, since many exemptions apply cumulatively
- Confirm the works are not listed in Article 9 or the Fourth Schedule as development that is never exempt regardless of size
- If in doubt, apply for a section 5 declaration from the local authority
Getting this wrong can mean an unauthorised structure that later complicates a sale or triggers enforcement action, so it is worth checking carefully before you build.
When to get a formal declaration
A section 5 declaration is the only way to get a legally binding answer on whether specific works are exempted development. It is worth applying for one whenever the works are unusual, close to a size or height limit, near a protected structure, or where a previous extension has already used up some of the available exemption. The declaration can be appealed to An Coimisiún Pleanála if you disagree with the local authority's view.