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Dáil

Written answer

Planning Issues

Summary

New 2026 regulations permit detached auxiliary dwellings in rear gardens under Class 3A, subject to conditions, until 31 December 2030.

357. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage to provide an updated timeline on the forthcoming new planning guidelines in relation to the rear of property buildings; if he will provide details on the changes that will be included in relation to such buildings. [66787/26]

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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)) (No. 3) Regulations 2026 came into operation on 27 July 2026 and represent a significant package of measures to facilitate the more efficient use of existing housing stock through extensions, subdivision and the provision of detached auxiliary habitable dwellings.

The Regulations provide for a new exempted development class, Class 3A, to allow for the construction of a detached auxiliary habitable dwelling within the rear garden of a principal dwelling, subject to a range of conditions and limitations. These include floor area requirements of between 32 and 45 square metres, provisions relating to open space, servicing arrangements, occupancy and notification to the relevant planning authority. The exemption is currently available until 31 December 2030.

The exemptions provide that Classes 3A may be utilised within the curtilage of the principal dwelling, provided all applicable conditions for each class are met, including maintaining a minimum of 25 square metres of private open space for the occupants of the principal dwelling, compliance with the relevant height, boundary setback and servicing requirements, and ensuring that the cumulative floor area of exempted rear garden structures remains within the limits prescribed by the Regulations.

These measures are intended to facilitate the efficient use of residential space, provide greater flexibility for homeowners in responding to changing housing needs, and reduce the regulatory burden on homeowners and planning authorities, while ensuring that development remains compatible with the proper planning and sustainable development of the area through the application of the conditions and limitations set out in the Regulations.

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