Exempted Development & Section 5 Declarations

Exempted development is development for which planning permission is not required. Categories of exemption are set out under the Planning and Development Act 2000 (as amended) and the Planning and Development (Exempted Development) Regulations 2026.

Most exemptions contain specific limitations and statutory conditions (e.g., maximum floor area, height limits, boundary distances). If proposed works exceed these limits, full planning permission is required.

What is a Section 5 Declaration?

If you are unsure whether a proposed development requires planning permission or falls under exempted development under the 2026 Regulations, you can apply to Kilkenny County Council for a formal declaration under Section 5 of the Planning and Development Act.

All development requires planning permission unless it is designated an exempted development. The main exemption classes are set out in the Planning and Development Regulations 2001(as amended).

The most recent updates to the Regulations which become effective on the 27th July 2026 provide for certain exemptions for Houses - click on links to the relevant Regulations

Note: Class 3A provides a specific exemption for a detached auxiliary habitable dwelling (32m² to 45m²) in a rear garden. It must be read alongside general garden structure rules (Class 3), which cover non-habitable outbuildings and sheds up to 30m²

Amendment Class 1 (extension size increase to 45sqm) and Class 3 (garages/ sheds increase to 30sqm)

New Class 1A Sub-division of principal dwelling.

New Class 1B Dormer Roof Extension

New Class 1C Insertion of Rooflights front plane of roof

Amendment Class 2(d) re Heat pumps 

New Class 2A Removal of Chimney

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

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.

Note Class 1A and Class 3A require the submission of  NOTIFICATION FORM  to the Planning Authority 14days prior to commencement of works. 

For your information please find link to information in relation to Building Regulations and Class 3A structure prepared by the Department of Housing, Local Government and Heritage here.

Protected Structures (Section 57 Declarations)

Exemption provisions generally do not apply if the property is a Protected Structure or located within an Architectural Conservation Area (ACA), where proposed works would materially affect its character. Property owners can apply for a Section 57 Declaration to ascertain which works would or would not require planning permission.

Commercial to Residential Exemptions (Article 10 / Vacant Buildings)

Under the Planning and Development Regulations, temporary exemptions allowing the conversion of certain vacant commercial premises into residential units remain active under updated 2026 provisions. Applicants must submit a formal NOTIFICATION FORM to Kilkenny County Council at least 14 days prior to commencing conversion works.

How to Apply for a Section 5 Declaration (Step-by-Step)

To submit a valid Section 5 application, please provide the following:

1. Completed Section 5 Application Form (2026 Regulations Version).

2. Statutory Fee of €80.00.

3. Site Location Map (Scale 1:1000 in urban areas or 1:2500 in rural areas) with the site boundary outlined clearly in red.

4. Scaled Site Layout Plan & Elevation Drawings showing existing conditions and proposed works.

5. Detailed written description and purpose of the proposed development.

6. The Statutory Decision Period is 4 weeks from receipt of a complete application.

*Right of Appeal: A Section 5 declaration issued by the Council can be referred to An Coimisiún Pleanála within 4 weeks of the decision date.

Applications can be posted or delivered in person to the Planning Department, Kilkenny County Council, County Hall, John Street, Kilkenny, R95 A0D3, or submitted via email to planning@kilkennycoco.ie. 

Section 5 Referral Applications/Issued

Click to view Section 5 Declarations Issued

Forms/Information

Disclaimer: While every care has been taken in the preparation of the unofficial consolidation, the Planning Authority, and the Department of Housing, Planning and Local Government can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from errors or omissions.