Do I Need a Section 5 Declaration in Ireland? A Complete Guide
If you are planning to carry out work on a property, one of the first questions you may have is whether you actually need planning permission.
In some cases, certain types of development may be considered exempted development, meaning planning permission is not required. However, determining whether a particular project qualifies for an exemption is not always straightforward.
This is where a Section 5 declaration can be useful.
A Section 5 declaration provides a formal determination from the relevant planning authority as to whether a proposed development is development or exempted development under planning legislation.
In this guide, we explain what a Section 5 declaration is, when you may need one and why getting professional advice can help avoid unnecessary delays or complications.
What is a Section 5 declaration?
A Section 5 declaration is a formal determination from a planning authority regarding whether a particular proposal is considered development and, if it is development, whether it qualifies as exempted development.
In simple terms, it can help answer the question:
"Do I need planning permission for this?"
This can be particularly useful where there is uncertainty about whether proposed works fall within an exemption.
Rather than proceeding based on an assumption that planning permission is not required, a property owner can seek a formal decision from the planning authority.
What is exempted development?
Exempted development refers to certain types of development that can be carried out without obtaining planning permission, provided the relevant conditions and limitations are satisfied.
There are a number of exemptions under Irish planning legislation. These can cover certain works to houses, agricultural structures, commercial properties and other types of development.
However, exemptions are subject to specific conditions.
For example, an exemption may depend on factors such as the size of the proposed development, its location, previous development on the property, its use and whether any other planning restrictions apply.
This means that simply assuming a project is exempt can be risky.
When might you need a Section 5 declaration?
There are a number of situations where a Section 5 declaration may be appropriate.
These can include situations where you are unsure whether:
• Proposed works constitute development
• A proposed extension qualifies as exempted development
• A change of use is exempt from planning permission
• Works carried out to a property previously required planning permission
• A structure or alteration on a property is exempted development
• A proposed development meets all of the conditions attached to an exemption
• Planning permission is required for a particular proposal
The important point is that every property and proposal is different.
The fact that a similar project was carried out on another property without planning permission does not necessarily mean that your own project is exempt.
Section 5 declaration vs planning permission
A Section 5 declaration is not the same as applying for planning permission.
A planning application is made when you are seeking permission to carry out a proposed development.
A Section 5 declaration is used where there is a question about whether the proposal requires planning permission in the first place.
If the planning authority determines that the proposed works are exempted development, planning permission may not be required, subject to the terms of the declaration and any other relevant requirements.
If the planning authority determines that the proposal is development and is not exempted development, planning permission may be required before the works can proceed.
Understanding the difference between these processes can save property owners considerable time and expense.
Why should you consider a Section 5 declaration?
The main benefit is clarity.
Proceeding with works without planning permission when permission was actually required can create problems later.
This can become particularly important when selling or refinancing a property, where a purchaser, solicitor or financial institution may require evidence that development carried out on the property was properly authorised.
A Section 5 declaration can provide a formal planning authority determination that can help establish the planning position of a particular proposal.
What information is required?
The information required will depend on the nature of the proposal.
Generally, the planning authority will need enough information to properly understand the development being considered.
This may include details of the property, plans, drawings, maps, photographs, descriptions of the proposed works and other supporting information.
Providing clear and accurate information is important.
If the proposal is not adequately described, there may be uncertainty around exactly what the declaration relates to.
What happens after a Section 5 application?
Once a Section 5 request has been submitted, the planning authority considers the information provided and determines whether the proposal constitutes development and whether it is exempted development.
The outcome will depend on the individual circumstances of the property and the proposal.
Where the authority determines that the works are exempted development, the applicant can proceed on the basis of that determination, subject to any conditions and other relevant requirements.
Where the authority determines that the works are not exempted development, a planning application may be required.
Can professional advice help?
Planning legislation can be complicated, particularly where an exemption contains multiple conditions and limitations.
A professional planning or engineering consultant can review the proposed works, assess the relevant planning considerations and help determine the most appropriate route.
This can be particularly valuable before work begins.
Obtaining advice at the start of a project can help identify potential planning issues before they become more expensive or difficult to resolve.
Section 5 declarations in Galway and across Ireland
Whether you are considering an extension, alteration, change of use or another type of development, it is important to establish the planning position before proceeding.
A Section 5 declaration can provide clarity where there is uncertainty over whether planning permission is required.
At Mulqueen Consulting Engineers, we provide professional planning, surveying and compliance services for residential and commercial property owners.
If you are unsure whether your proposed development requires planning permission, we can help you understand your options and determine the most appropriate next step.
Need advice on a Section 5 declaration?
If you are planning works to your property and are unsure whether planning permission is required, speak to Mulqueen Consulting Engineers.
Our team can assess your proposal and advise on the planning process, including Section 5 declarations where appropriate.
Contact Mulqueen Consulting Engineers today to discuss your project.
