Re: Re: When can you carry out Exempted Dev?

Home Forums Ireland When can you carry out Exempted Dev? Re: Re: When can you carry out Exempted Dev?


@tyrrp wrote:

Yes you can build up to 40msq to the rear of you property without permission but if you have ever extended before even with full permission the area of that extension is subtracted from your exempted allowance.
I.E. 5 years ago you built a 30msq extension to the side of your house. You got full planning and completed the extension. You are now only entitles to build 10msq exempted to the rear.
The only way for the councils to watch out for this error is to have everyone apply for a section 5 (€80 for them as well). It also ensures people are not reducing their open space below the percentages allowed.

Consider this also. If you do send in a section 5 application and it is refused then you go ahead and build anyway but make some small changes to the design what type of problems could this cause. Who can ever prove when the exempt development was built is another consideration. I suppose you only have to say it was built while your 30msq application was being processed and that is why it isn’t shown on the original application.

Following on from the point above, I wonder can someone answer this query:
If a 2-storey terraced house, built circa 1860, has 2 original, single-storey rear returns at either side (confirmed original on old OS maps), can the returns be demolished and their floor area added to the 40sqm allowance?
i.e. if the returns combined are 15 Sqm, can they be demolished and a new combined structure of 55 Sqm be constructed assuming that all other exemption criteria are met?

If you think no, might it be permissible if part(s) of the original returns were retained (such as 2 walls out of 3 while installing a new roof and floor?
Thanks in advance.

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