Since last week, homeowners have been able to add a “detached habitable accommodation” to the rear of their property without planning permission. This dwelling must be 32-45 square metres in floor area.
This change comes as part of larger planning regulation exemptions from the Department of Housing. The exemption is accompanied by requirements that mean not all homeowners will be able to avail of this relaxation in planning.
Architect and housing policy analyst Mel Reynolds believes these auxiliary dwellings will be viable only for those with a large plot of land with its own separate access and plenty of space.
An information note on the application of building regulations and building control regulations was published by the department in late July. This highlights the principal issues, including fire safety, that need to be considered when building an auxiliary dwelling such as a modular home or ‘granny flat’ in the rear garden of an existing property.
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An Engineers Ireland spokesman said, “Those looking to build auxiliary dwellings should seek professional advice to ensure such properties comply with statutory regulations.
“These regulations provide for minimum standards in important areas, such as access and fire safety, and are essential for the protection of the occupants, while giving assurance of the building’s quality.”
Orla Hegarty, assistant professor at UCD School of Architecture, Planning and Environmental Policy, highlights that building regulations/building control regulations are separate to planning and people often confuse the two.
She believes the department’s information note is “reasonably comprehensive” and covers all the headline issues as well as indicating the complexity of what is involved.
Hegarty urges caution for those considering availing of the exemption, saying, “People have very few consumer rights when it comes to this.” She encourages those interested to do their due diligence as health and safety law and building control means the onus is on the homeowner to ensure the law is complied with.
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Reynolds encourages those considering an auxiliary dwelling for their property to seek independent advice from an architect, surveyor or engineer and to be aware of the “soft costs” that could come from such a project.
A source with knowledge of the industry says indicative professional fees for compliance with building control for auxiliary dwellings would suggest costs of about €4,000-€5,000 for a typical small residential project. This could vary and scale upwards for larger projects.
Requirements for this planning exemption stipulate that the auxiliary dwelling cannot be sold or subdivided separately to the principal house and there must be no separate connection to utilities, including water or wastewater.
The structure must be no less than 0.6 metres away from any walls or party boundaries, and if an auxiliary dwelling is added to the property there must be at least 25sq m of private open space remaining exclusively for the occupants of the principal house.
Although planning permission is not necessary, there is a requirement to notify the planning authority at least 14 days before the development begins. The principal house must also be the sole or main residence of the property owner at the time the development is started.
Further requirements are outlined in the department’s circular letter about the exemptions.
