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Dáil

Written answer

Planning Issues

1902. Deputy Brian Brennan asked the Minister for Housing, Local Government and Heritage if, further to the new planning exemption regulations for residential dwellings for new properties, he plans to introduce such a system to be put in place for existing properties built before the new regulations commenced so they can regularise planning for these buildings. [62973/26]

Comment on this
John Cummins Minister of State at the Department of Housing, Local Government and Heritage Fine Gael

The Planning and Development (Exempted Development (Act of 2000)) Regulations 2026, Nos. 1-7, were signed on Thursday, 16 July 2026 and came into effect on Monday, 27 July 2026. The purpose of these changes is to facilitate the efficient use of residential space through its enhancement, expansion and adaptation at different stages of the life cycle, while also reducing the regulatory burden on both citizens and planning authorities.

The Regulations apply prospectively and set out the circumstances in which specified categories of residential development may be carried out without the need to obtain planning permission.

The control of development under the Planning and Development Act 2000, as amended (the Act of 2000), provides for the regularisation of unauthorised development through the consideration of applications for retention permission to planning authorities under section 34 of the Act of 2000 and appeals to An Coimisiún Pleanála in such cases under section 37 of the Act. In addition, it is a matter for the relevant planning authority to investigate unauthorised development under the enforcement provisions under Part VIII of the Act of 2000.

In both instances, whether through a property owner seeking to regularise unauthorised development by lodging an application for retention permission or through a planning authority initiating enforcement proceedings, it is a matter for the relevant planning authority to consider each unauthorised development on a case-by-case basis, taking into consideration the proper and sustainable development of each individual locality, and environmental considerations such as whether an environmental impact assessment or appropriate assessment of the development is required.

At present, I have no plans to introduce a general regularisation scheme for existing properties built without the benefit of the necessary planning permission prior to 27 July 2026, as the existing legislative mechanisms ensure that the requirements of proper planning and sustainable development are upheld. Any future proposals in this regard would require careful consideration of the relevant planning, legal and environmental implications involved.

Under section 30 of the Act of 2000, I, in my role as Minister with responsibility for planning, am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Commission is or may be concerned. This includes any case in relation to retention permission or enforcement.

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