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Conversion

Confusion often reigns in Irish planning law interpretation in relation to converting a garage into a sunroom or conservatory and the different interpretation of it by planners and builders.

The law state that the conversion for use as part of a dwelling house (e.g. as a living room or bedroom, sunroom etc) of a garage, store, shed, etc. attached to the rear or side of a house is normally exempted development, subject to the 40 square metre (428 square feet) limit. This is the same limit which applies to a new build extension.

Again, similar restrictions apply to the height ratio of the conversion so that it does not impact on the existing building size.

Many Irish people build a porch as a mini-conservatory, particularly if the front of the house is south facing. You can also build a porch without planning permission, as long as it does not exceed 2 square metres in area and is more than 2 metres from any public road or footpath. This is a pretty small area but then again the porch area of most houses is small.

Where the porch has a tiled or slated pitched roof, it must not exceed 4 metres in height, or 3 metres for any other roof type. A front porch within these limits is the only type of development allowed to extend beyond the front wall of the building (the building line) and still remain exempted.

If in doubt, check it out.

The full list of exempted developments is set out in the Planning Acts and Regulations The planning authority can advise on whether they consider planning permission is necessary, or not, in a particular case. If you disagree with the planning authority on whether planning permission is needed, you can obtain a formal ruling by making a "reference" to An Bord Pleanála for a fee. Further information is available directly from the Board at 64 Marlborough Street, Dublin 1, Lo-Call 1890275175

The exemption limits must be observed and the planning authority has powers to stop the development if they are breached. If, due to an oversight an error is made, you should apply to the planning authority for permission to retain the work done. This is generally known as "retention" permission. It does not automatically follow that this will be granted. The fee for a retention application is three times the normal fee and you may have to take down, alter or rectify work done, which can be costly. Prosecution for breaches of planning law can result in heavy fines or imprisonment. You may also find it difficult to sell property, which does not comply with planning requirements. If buying property check that the building itself and any extensions or alterations comply with planning requirements or you, as the new owner, may be liable to enforcement action.