
Planning Permission: FAQ
How long does the Local Authority take to decide on an application?
The council have eight weeks to make a decision once they receive a valid application. In that time they can request further information from the applicant which resets the clock. They have four weeks from the receipt of the further information to make their decision.
Do you need to make a planning application for your building works?
As a general rule the following are exempt from planning:
- An extension to the rear of the house of not more than 40 square metres and is not higher than the house. The extension should not reduce the open space at the back of the house to less than 25 square metres and there are some height restrictions also.
- Converting a garage attached to the rear or side of the house to domestic use so long as it has a floor area of less than 40 square metres. Some council’s consider the change from garage door to window exempt others don’t so it’s best to check with your local authority on this.
- A new garage at the back or side of a house so long as it does not extend out in front of the building line of the house and does not exceed 25 square metres. There are some height restrictions here also.
- A front porch so long as it does not exceed two square metres in area and is more than two metres from a public road or footpath.
If you are unsure whether your proposed works are exempt or not please do give us a call. We will review your proposals and explain your obligations and options
Can I appeal a decision?
An applicant can appeal the Local Authority’s decision or any condition imposed by them to An Bord Pleanála within 4 weeks of the decision to grant. If you are not the applicant you can make a 3rd party appeal against any decision issued by the Local Authority provided you made a submission on the application during the first five weeks of the planning process. A 3rd party appeal can be made by someone directly affected by an application, i.e. an adjoining neighbour, whether or not a submission was made in the 5 weeks.
If the application is granted, when can I begin building?
If no appeal is lodged the Local Authority will issue the final grant permission at the end of the four week period. A commencement notice must be completed and sent with a small fee to the Building Control Authority giving them notice of your intention to begin. This must be sent not less than 14 days and no more than 28 days before you start.
Fire Certificates: FAQ
Do you need to apply for a Fire Certificate before you start building work?
It is an offence to do works that require a fire safety certificate until a Fire Safety Certificate has been granted. You cannot lodge your commencement notice to start works until you have received a Fire Safety Certificate. If speed is of the essence then you can lodge a seven day notice instead.
When is a Fire Cert application required?
The following require a Fire Safety Certificate;
- Works in connection with the design and construction of a new building, except for a one off house
- Works in connection with the material alteration of; a day centre, a building containing a flat, hotel, hostel or guest building, an institutional building, a place of assembly or a shopping centre
- Works in connection with the material alteration of a shop, office or industrial building where additional floor area is being provided within the existing building or where the building is being sub divided into a number of units for separate occupancy
- Works in connection with the extension of a building by more than 25 square metres
- Any building where a material change of use takes place.
How long does the Local Authority take to decide on an application?
The Chief Fire Officer advises the local authority if a Fire Safety Certificate should be granted (with or without conditions), refused or deemed invalid. This normally takes 2 months although this period can be extended by written agreement between the applicant and the local authority.
What’s a seven day notice?
A 7 Day Notice is required where a person intends to commence work on the construction of a building before grant of the relevant Fire Safety Certificate, where one is required. It cost more to make the application €5.80 / M² instead of €2.90 / M² and the application must be accompanied by a statutory declaration form witnessed by a commissioner for oaths.
I’ve already started building without a fire certificate, what do I do now?
Where works have been started or completed without a fire safety certificate or the submission of a 7 day notice then an application must be submitted for a Regularisation Certificate. This application costs €11.80 / M² and again the application must be accompanied by a statutory declaration form witnessed by a commissioner for oaths.
What to do next?
If you are unsure whether you need to make a Fire Certificate application or not please do not hesitate to give us a call. We will review your works, what your options are and talk you through the application process, with no obligation.
Disability Access Certificates: FAQ
Do you need to make a DAC application for your building works?
A DAC application is required to show compliance with the requirements of Part M of the Building Regulations for all new buildings, certain extensions and material alterations to buildings with the requirements of Part M of the Building Regulations. While dwellings must also comply with Part M an application to the building control authority is not required.
What works require a DAC?
- All new buildings, including apartment blocks
- Material alteration to a day care centre, apartment block, hotel, hostel, guest building, institutional building, place of assembly, shopping centre
- Material alteration to a shop, office or industrial building where additional floor area is provided within existing building or building is being subdivided into a number of units for separate occupancy.
- Extension to an existing building of greater that 25m2
Do you need to apply for a DAC before you start building work?
It is not necessary but highly recommended to make a DAC before commencing work but in no case shall a building be opened, operated or occupied or permitted to do so unless a DAC has been granted.
What to do next?
If you are unsure whether you need to make a Disability Access Certificate application or not please do not hesitate to give us a call. We will review your works, what your options are and talk you through the application process, with no obligation.