Exempted Development (Section 5)
Exempted Development is development for which planning permission is not required.
Categories of exempted development are set out in the Planning and Development Regulations 2001 as amended. They usually refer to developments of a minor nature, such as small extensions to houses, garden walls and so on - Exempted Development - FAQ's. However, if your property is in an Architectural Conservation Area, Special Amenity Area, or is a protected structure/listed building a Section 57 Declaration should be sought.
Section 5 Declaration
In accordance with Section 5 of the Planning and Development Act 2000, as amended, any person may request a declaration as to whether development is exempt. An application should be made, in writing, to the Planning Authority to determine whether a proposal requires permission or is considered exempted development. A person seeking a determination must ensure that a question is posed and is clear, for example, is the construction of a shed development and is it or is it not exempted development?Details are then required of the shed so that the planning authority can determine if the shed is exempt. If the question is not clear to the planning authority, the Section 5 application will be returned as invalid. The application should be accompanied by all relevant site maps and include a fee of €80. The planner will then assess the application and make a decision within four weeks. If you wish to appeal a decision of Louth County Council on a planning application, the appeal is made directly to An Coimisiún Pleanála (ACP), the national independent statutory body for determining planning appeals. For the definitive and most up‑to‑date guidance (who can appeal, time limits, fees, and how to submit, including online), please see An Coimisiún Pleanála The purpose of a determination under a Section 5 declaration is to consider only if something is or is not development and whether it is or is not exempted development as per the planning legislation. No consideration is given to planning policies or other issues that may be considered as part of a normal planning application.
Section 5 Declaration Application Form is available here
Section-5-Declarations-Pre-2014.pdf Section-5-Declarations-2014.pdf Section-5-Declarations-2015.pdf Section-5-Declarations-2016.pdf Section-5-Declarations-2017.pdf Section-5-Declarations-2018.pdf Section-5-Declarations-2019.pdf Section-5-Declarations-2020.pdf Section-5-Declarations-2021.pdf Section-5-Declarations-2022.pdf Section-5-Declarations-2023.pdf Section-5-Declarations-2024.pdfRecent updates to the Exempted Development Regulations
From Monday 27th July 2026 the following exemption classes relating to residential properties come into effect:
- Amendment to class 1 (extension size increase from 40m² to 45m²) and class 3 (garage or shed size increase from 25m² to 30m²)
- New Class 1A Sub-division of principal dwelling
- New Class 1B Dormer Roof extension
- New Class 1C insertion of rooflights on front plane of roof
- New Class 2(d) relating to installation of a heat pump
- New Class 3A Detached House in Rear Garden of a Principal House
- New Class 62 Bicycle or Bin Storage
- New Class 63 External Wall Insulation
The above exemptions contain certain conditions and limitations. If a development does not comply with the terms of conditions and limitations, it cannot be considered an exempted development. There are also further restrictions on development listed under Article 9 of the Regulations.
Notification Requirement under Class 1A and Class 3A
Note Class 1A (sub-division of principal dwelling) and Class 3A (Detached house in rear garden of principal dwelling require the submission of a notification form to the Planning Authority 14 days prior to commencement of works. This notification form can be accessed by clicking here
This form should be emailed to planninggroup@louthcoco.ie
If you have any queries in relation to any of the exemptions listed above contact the Planning Authority at planninggroup@louthcoco.ie
Section 5 Declarations Issued
Under Section 5 of the Planning and Development Act, 2000 (as amended), a person can seek a formal declaration from the planning authority to establish if there is a requirement for planning permission for a specific proposal. Section 5 Declarations recently issued are listed below.
S52024-29-Hadleywood-Holding-Ltd_.pdf
Whether the use of a former hotel/guesthouse and public house to provide temporary emergency accommodation for international protection applicants and associated works at the Former Ferdia Arms, Castle Street, Ardee, Co. Louth is or is not development and is or is not exempted development.
Notification-of-Appeal.pdf ACP-323794-25-Planners-Submission-ACP.pdfFurther-delay-in-determination-of-case.pdf
Whether the reinstatement of the use of an existing agricultural building for the housing of pigs at Rathiddy Road, Knockbridge, Co Louth, A91 P8RC is or is not development and is or is not exempted development.
Is the proposed promotional activity of preparing and selling cooked food dishes using products manufactured at the Premises, conducted on Friday and Saturday evenings only between 6:00pm and 9:30pm, amounting to a maximum of 7 hours per week, being an activity limited in scale and hours and ancillary to the established and lawful use of the Premises at Unit 3 and 4 Donore Industrial Estate, Donore Road Drogheda, County Louth for food manufacturing and sale, and involving no structural alterations, no external works and no change to the external appearance of the building, development, and if so is it or is it not exempted development within the meaning of the Planning and Development Act 2000 as amended?
S5-2026-61-Ravensdale-Sports-Field.pdf Whether 3m wide stoned walkway surrounding existing pitches constitues development & require planning permission. Walkway to consist of 25mm track dirt on 125mm CI804 material. Tanalised edge borders each side levelled with grade, reinstatement & landscaping as required. S5-2024-10-Cormac-Sugrue-&-Cian-Mcgovern.pdf Convert existing vacant shop unit into two number one bedroom apartments S5-2026-62-Duntrans-Property-Ltd.pdf Is the change of use of the existing disused retail unit (41.26m2 to a studio apartment exempt development or not? S5-2026-63-Joe-Farrelly.pdf Is the raising of garden ground levels by 0.6 metres within the curtilage of a house a development and is it or is it not exempted development? S5-2026-64-Bar-One-Racing.pdf We request a declaration under Section 5 of the Planning and Development Act 2000, as amended, confirming that the continued use of the premises as a bookmaker's/betting shop/turf accountant is exempted development. S5-2026-66-Bar-One-Racing.pdf We request a declaration under Section 5 of the Planning and Development Act 2000, as amended, confirming that the continued use of the premises as a bookmaker's/betting shop/turf accountant is exempted development. S5-2026-69-Duntrans-Property-Ltd.pdf Whether the change of use of a disused ground floor retail unit (41.26 sq.m) to a studio apartment with alterations to the front façade including the removal of the shop fronts and signage, the installation of 2 new windows, a door, built-up walls and the relocation of a ground floor door to the rear development and is it or is it not exempted development. S5-2026-71-Vaibhav-Chauhan.pdf I want to establish toddler play area (1-5 Yr Old - under parent supervision) which is a parent supervised. We will provide soft toys, various activities like book reading sessions etc to parents and toddlers. We have identified the following retail location (Unit 15B, Williamsons Mall, Dundalk) and before entering rental contract, want to determine if the permissible use of premises will need to change (currently as per owner it is Class 1 Retail) from Class 1 retail to any other Class and if subsequent planning permission change is applicable. S5-2026-70-Carlingford-Oyster-Company-Ltd.pdf i) The use of the existing canteen for the hosting of visiting customers and buyers, prospective customers and buyers and representatives of trade promotion and regulatory bodies, whether individually or in groups, for oyster tasting and sampling events.(ii) Increase in height of the roof to existing cold store room by 1. 78 metres from that permitted under P.A. Ref No. 17/232. S5-2026-72-Oluwatoyin-Kadiri.pdf I, Oluwatoyin Kadiri, is making this application on behalf of Zenith Health Ltd. We are applying for the exemption/declaration to register the above-names property as a residential centre with HIQA to take care of one (1) adult with intellectual disability. The planning declaration is a requirement by HIQA. S5-2026-67-Patrick Byrne.pdf Is the construction of a 299.77 Sqm agricultural shed together with associated works at Dromgoolestown, Stabannan, Castlebellingham, Co. Louth development and is it or is it not exempted development.
