Section 5 declaration: asking the council whether your project is exempt
A section 5 declaration is the planning authority’s written answer on whether a project in Ireland is exempted development; the fee is €80, and the authority must issue it within 4 weeks of receiving the request, or 3 weeks after further information it asked for.
Rules as of 10 October 2026. Planning and Development Act 2000, section 5; Regulations 2001, article 169 and Schedule 10.
- Anyone may ask, in writing, whether something is or is not exempted development (section 5(1)).
- Fee: €80 (article 169 and Schedule 10).
- Time: 4 weeks from the request, or 3 weeks after further information (section 5(2)).
- Review: the declaration can be referred to An Coimisiún Pleanála within 4 weeks of being issued (section 5(3)(a)).
- For a protected structure there is also a section 57 declaration on which works would affect its character (12 weeks).
The rules
| Point | Rule | Source |
|---|---|---|
| Who can ask | Any person may ask the planning authority, in writing, whether something is or is not exempted development. | Planning and Development Act 2000, section 5(1) |
| Fee | The fee for a request for a declaration under section 5 is €80. | Planning and Development Regulations 2001, article 169 and Schedule 10 |
| Time | The authority must issue the declaration within 4 weeks of receiving the request, or within 3 weeks of receiving further information it asked for. | Planning and Development Act 2000, section 5(2)(a) and (b) |
| Review | The person issued with the declaration may refer it to An Coimisiún Pleanála for review within 4 weeks of the date it was issued. | Planning and Development Act 2000, section 5(3)(a) |
| What councils ask for | Councils publish their own form and list. Kilkenny County Council, for example, asks for the completed form, the €80 fee, a site location map (1:1000 in urban areas, 1:2500 in rural areas) with the site boundary in red, a scaled site layout plan and elevations of the existing and proposed works, and a written description and purpose of the development. | Kilkenny County Council, Exempted development |
Before you ask
A declaration answers one question: is this project, on this site, exempted development? It helps to show the class you rely on and how the project meets each condition. The checker lists every condition of Classes 1, 3, 3A, 1A and 2(d) with your figures against each; Pro turns that into a cover letter and a report with a dimensioned plan and elevations.
Councils use their own forms. Since 27 July 2026, a project under Class 1A or 3A also needs the 14-day notice, which is a different document.
Questions
How much does a section 5 declaration cost?
€80, the fee set in Schedule 10 of the Planning and Development Regulations 2001 for a request for a declaration under section 5.
How long does the council have?
4 weeks from receiving the request. If it asks for further information, 3 weeks from receiving it. In exceptional cases it can extend the time by giving notice with its reasons.
Can I appeal a section 5 declaration?
The person issued with the declaration can refer it to An Coimisiún Pleanála for review within 4 weeks of the date it was issued (section 5(3)(a)).
Related
- England and IrelandCheck your project in 3DThe free checker, condition by condition.
- IrelandThe new exemptions of 27 July 2026Every class that changed, old and new limits.
- IrelandExtensions: the 45 m² ruleAbove-ground limits, 2 m and 8 m, open space.
- IrelandA granny flat: Class 3A32 to 45 m², 14 days’ notice, to 2030.
- EnglandLawful development certificates£274, 8 weeks, the documents.
Sources: Planning and Development Act 2000, section 5 and section 57; the Department’s consolidated Regulations (article 169, Schedule 10); Kilkenny County Council. Last checked 10 October 2026. Irish Statute Book content is used under the Oireachtas (Open Data) PSI Licence, which incorporates CC BY 4.0. This page is not legal advice and not a formal decision; it is not affiliated with any council or government department.