Section 5 declarations: getting a definite answer

When it's worth getting one

Most people building a garden room don't need one. It's worth the €80 when:

• You're close to a limit, such as 29 m² of garden buildings, or only just 25 m² of garden left.
• The use is unclear, for example a studio you'll sometimes see clients in.
• Your house has a complicated history, such as an old extension or conditions on its planning permission.
• You plan to sell soon. A declaration answers the buyer's solicitor's questions straight away.
• A neighbour has objected or threatened to complain.

How to apply

1. Get the form from your council's planning page. Each council has its own.
2. Describe the project clearly: what you're building, its size, height, position and use.
3. Add a site map and drawings showing the garden room, the house, the boundaries and the open space left.
4. Pay the €80 fee and submit it as your council asks.

The decision

A planner assesses the request and decides whether the work is development, and if so whether it's exempted development. Councils aim to decide within four weeks, though they can ask for more information. Keep the declaration with your house documents.

If you disagree

If you disagree, you can refer the council's decision to An Coimisiún Pleanála, the national planning appeals body that replaced An Bord Pleanála. The fee is €220. Check the time limit for a referral with the council when you receive the decision.