Section 5 Declaration
A formal request asking the planning authority to declare whether something is 'development', and whether it is 'exempted development' - the definitive answer when exemption is in doubt.
Under Section 5 of the Planning and Development Act 2000, any person can ask a planning authority to declare whether a particular activity is or is not development, and is or is not exempted development. The fee is EUR 80 and the authority must issue its declaration within 4 weeks; the answer can be referred onward to An Coimisiún Pleanála. Since the exemption rules were rewritten on 27 July 2026 - 45 m² extensions, the Class 3A garden dwelling - a Section 5 is how a borderline case against the new limits gets settled formally.
A Section 5 resolves uncertainty before money is committed - confirming in writing whether permission is needed and de-risking a project's timeline. For EUR 80 it is far cheaper than guessing wrong: the burden of proving works were exempt sits on the owner, and unauthorised works surface at enforcement time or on the day of a sale.
Section 5 references appear in local-authority registers; a referral can carry the question to An Coimisiún Pleanála. The exempt works a declaration confirms do not appear as planning applications, though the larger exempt jobs still surface later as BCMS commencement records.
Common questions
Whenever the project is near a limit or condition - an extension close to the 45 m² allowance, a garden dwelling near the 45 m² combined cap, anything on a protected structure or in a conservation area. The written declaration is proof of exemption at sale or remortgage time.
The fee is EUR 80, any person may apply, and the planning authority must respond within 4 weeks.
It can be referred to An Coimisiún Pleanála for review.
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This is a plain-English summary, not legal advice. Planning rules carry conditions and exceptions - always verify a specific case against the official source or a planning professional before acting.