Dáil Éireann Debate, Thursday - 1 October 2026
119. Deputy Brian Stanley asked the Minister for Housing, Local Government and Heritage to change the regulations regarding back yard dwellings as the current regulations and guidelines mean that for the vast majority of households, if there is a class three building on the site it is not possible to have a dwelling and a modular unit. [69266/26]
Amharc ar fhreagraOn 27 July 2026, a suite of exempted development regulations came into effect to expand the exemptions available to home owners to maintain and improve existing residential dwellings. The central purpose of the changes introduced is to facilitate the efficient use of residential space through enhancements, expansion or adaptation over the different stages of the life cycle, while also lifting a regulatory burden on both the citizen and the planning authorities.
The Planning and Development (Exempted Development (Act of 2000)) (No. 3) Regulations 2026 (S.I. No. 340 of 2026) introduced a new Class 3A in Part 1 of Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations of 2001), which allows for the construction, erection or placing of a detached house in the rear garden of a principal house, subject to certain conditions and limitations. Furthermore, all relevant building control legislation applies to such structures, including the Building Regulations, Building Control Regulations and fire safety requirements.
The use of Class 3A depends on compliance with all conditions and restrictions prescribed in the Regulations, together with all relevant requirements under building control legislation. Each individual development must therefore be considered on a case-by-case basis.
On the 28 July 2026, the Department published guidance on the application of Building Regulations and Building Control Regulations, highlighting the principal matters (including fire safety) that need to be considered when building an auxiliary dwelling in the rear garden of an existing dwelling house. This material highlighted that the performance requirements of the building regulations for a new dwelling will apply to such structures and confirmed the key building control procedures that apply, including the requirement for certification by appropriate qualified professionals.
A planning circular was also issued to the planning authorities at the end of July with guidance on the expected operation of the measure. Those who wish to utilise the planning exemption must notify the relevant planning authorities at least 14 days before they commence the work on the development (as set out in condition number 16 of Class 3A). The regulations also require the Planning Authorities will report to the Minister on the notifications received regarding the use of Class 3A.
This will provide a basis to review the uptake and operation of this measure over time, as is appropriate for such a new measure. Such a review will also include the impact of the cumulative limitation that applies where there are one or more existing garden structures on the operation of the exempted development measure to facilitate detached auxiliary dwellings.
In the meantime, where any person is unsure whether they can avail of the exemption under Class 3A, they may engage with the relevant planning authority. Under the Planning and Development Act 2000, as amended (the Act of 2000), a person may seek a declaration under section 5 as to whether a proposed development is or is not exempted development. This provision assists individuals in determining whether a proposed development complies with the requirements of Class 3A or whether planning permission is required. It is a matter for the planning authority to investigate any concerns raised on a case by case basis.
