If you’re thinking of extending your home and can’t decide whether a Planning Application or Exempt Development is the right route for you, here are some of the benefits and drawbacks of Exempt Development – extending without the need for a Planning Application – to consider:
The Pros:
It’s Faster – If the changes you want to make to your home meet the requirements of the Exempt Development guidelines, you can begin work straight away (subject to submitting the correct notices). The planning process takes a minimum of 12 weeks and can take up to 6 months or longer, if there are objections or appeals – for more info, see How Long Does Planning Permission Take?
It’s Cheaper – You can save money on planning fees, a newspaper advert, Ordnance Survey maps, possible appeals and professional or consultant fees for preparing the planning application submission.
It’s Private – There is no requirement to advertise under Exempt Development – neighbours and interested third parties will not have an opportunity to lodge observations or objections, although we would always recommend keeping your neighbours informed, as a goodwill gesture. Building is a slow process and you may need access from your neighbour’s property or their permission for something along the way, so best not to cut the lines of communication right at the beginning!
It’s Legit – If you are going down the Exempt Development route and want peace of mind that everything you are doing is legal and above board, you can apply to your local Planning Department for confirmation that your proposals are compliant with the guidelines, by means of a Section V Exemption Certificate – currently €80.00 and takes 4 weeks. If you apply for the Exemption Certificate, the application may be available to view in the planning department’s on-line database, but the aforementioned restriction on objections and observations still applies. The Certificate is a very useful document to have, as any future buyer of the property will want assurance that any additional work you have carried out either has Planning Permission or meets the Exempt Development criteria.
The Cons:
It’s Limited – Well, there had to be a catch.. There are restrictions on the type and extent of work you can do when extending or improving your home, usually relating to size, height and scale – these issues come under the blanket heading of residential amenity – the ability to enjoy living in your home or neighbourhood. For example, you can only add up to 40sqm and, typically, only 12sqm can be added at first floor level, subject to the height of the roof and distances from neighbouring properties.
It’s Complicated – As mentioned above, the Exempt Development doesn’t give you carte blanche to extend your home – for everything that you are permitted to do, there are a number of qualifications restricting how you are able to do it. It’s important to make sure that the changes you make to your home, without applying for planning permission, comply with the guidelines, as breaches can be prosecuted (see below). This is why we always recommend working with an Architect, even if you do not plan to make a formal application.
It’s the Law – If you exceed the Exempt Development guidelines, the planning authority can stop your work and you may have to submit a planning application to retain the work you’ve already completed – this costs 3 times as much as a standard application and, even then, permission is not guaranteed. The local authority can also prosecute breaches in planning law, with the possibility of fines and even imprisonment.
To weigh up these factors against the option of extending with Planning Permission, take a look at ‘The Pros & Cons of Planning Permission’.
Did you find this article useful? Please leave a comment to let us know your thoughts on the subject and also any other home improvement issues you’d like to know more about.
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