Selling a house with a garden room: the paperwork buyers ask for

The short answer

When you sell, the buyer's solicitor will ask for proof that the garden room is exempt from planning. That usually means an architect's or engineer's opinion on exemption and the electrical completion certificate. Get them before you list the house: if the room turns out not to be exempt, fixing it can take months.

On this page
  1. Why buyers ask about it
  2. The paperwork you need
  3. If it is a garden home
  4. If it is not exempt
  5. Buying a house with a garden room
  6. Common questions

Why buyers ask about it

In an Irish sale, the buyer's solicitor checks that every building on the property has planning permission or is exempt. A garden room built without an application is common, and exemptions come with conditions on size, garden space, position, height and use. The solicitor can't judge those, so they ask for a professional's written opinion.

Problems that come to light after sale agreed cause delays, renegotiation and sometimes lost sales. Lenders can also refuse to lend until planning issues are resolved.

The paperwork you need

DocumentFromWhy
Opinion on exemption from planningArchitect, chartered engineer or chartered building surveyorConfirms the room meets every exemption condition
Electrical completion certificateThe registered electrical contractor who wired itProves the electrics were done and certified legally
Supplier paperwork: invoice, specification, guaranteeThe garden room companyShows when it was built, its size and who stands behind it
Section 5 declaration (optional)Your councilThe council's own ruling, if there's any doubt

The opinion should name the person, their qualifications and insurance, say they inspected the room, and confirm it meets each condition without reservations. Solicitors push back on vague or qualified opinions.

If it is a garden home

A Class 3A garden home is a home in its own right, so the buyer's solicitor will want more:

  • A copy of the notification to the council, made 14 days before work started.
  • Evidence of Building Regulations compliance and the Building Control paperwork.
  • An opinion confirming it met every Class 3A condition.

A Class 3A home can't be sold separately from the main house. It goes with the house.

If it is not exempt

Decision flow: if the garden room meets all the rules, get an engineer's opinion or Section 5. If not, can you make it comply? If not, apply for retention permission, from €102. If refused, appeal or remove it.
Your options, in order.
  • Make it comply, for example by stopping a use that isn't allowed or removing an old shed, then get the opinion.
  • Apply for retention permission. Allow at least three months. See retention.
  • Disclose it and agree terms with the buyer, such as a price reduction. Your solicitor will advise. Not disclosing a known planning problem can expose you to claims later.

Don't rely on the seven-year rule. It stops enforcement but doesn't make the room authorised, and buyers' solicitors know that.

Buying a house with a garden room

  • Ask early for the opinion on exemption and the electrical certificate.
  • Check how it's used. A "garden room" with a bed and shower that someone lives in is not exempt as a garden room.
  • Look at its condition: damp, condensation, roof and base. See condensation.
  • Ask whether the supplier's guarantee transfers to a new owner.

Common questions

Do I need a certificate for my garden room when selling my house?

Usually, yes. The buyer's solicitor will want written confirmation that the garden room is exempt from planning, normally an architect's or engineer's opinion on exemption, plus the electrical completion certificate. Without them, the sale can be delayed or the buyer may ask for a price reduction.

Who provides the opinion on exemption?

An architect, chartered engineer or chartered building surveyor with professional indemnity insurance. They inspect the room, check it against the exemption rules and sign an opinion. Your solicitor can't provide it.

What if my garden room needed planning permission and doesn't have it?

You can make it comply, apply for retention permission, or disclose it and agree terms with the buyer. Retention takes at least three months, so start before you go sale agreed.

Does a garden room add value to a house in Ireland?

A well-built, insulated garden room with certified electrics can add appeal, especially for buyers who work from home. Whether it adds more than it cost is less certain. See our guide to value, finance and tax.

Sources

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