With the country locked in a housing crisis, and the Irish population increasing, few would complain about the government exploring every possible avenue to increase housing capacity. The latest plan however, which would allow detached habitable dwellings up to 42 sqm on existing properties without any planning permission, has caused significant disagreement.
Influential groups like Threshold, Age Action, and the Irish Council for International Students have all called on the government not to remove the regulation on so-called ‘garden homes’, citing fears that profiteers will provide sub-standard living spaces in backyard dwellings.
Others welcome the easing of restrictions that stand in the way of homeowners making relatively small enhancements to their existing property, allowing them to create a new source of income from their assets.
Waterford TD and Minster of State for Planning, John Cummins, claims the exemptions align with his overall objective to simplify planning.
“As Minister of State for Planning, my priority has always been to remove things from the planning system that don’t need to be there,” Minster Cummins explained.
“I have already introduced Agriculture exemptions and now I am bringing forward these residential exemptions which will give people autonomy over making small changes to their homes without needing planning permission.
“I have always said there will be limitations and these changes, particularly permitting a detached unit to the rear of the dwelling, will only be appropriate in certain settings,” he said.
“These reforms are about empowering people in terms of their own garden space or space within their own home and allowing families to make decisions in relation to their own living space,” Minister Cummins added.
Exemptions explained
Habitable buildings serviced by existing properties, between 32 sqm and 45 sqm in floor area, will no longer require planning permission.
It has been suggested that renting these properties will align with the ‘rent a room’ scheme, which allows homeowners to earn up to €14,000 tax free for renting a room in their home.
The other proposals include:
- A new exemption for sub-division of the principal dwelling which will allow for the creation of up to 1 additional self-contained unit within the existing building envelope, with a minimum floor area for each subdivided unit of 32 square metres.
- A new exemption will provide for extension via the addition of a dormer roof box and/or roof light on the principal dwelling.
- The existing exemption for extension of the principal dwelling will be increased from 40 square metres to 45 square metres.
- The existing exemption for a structure in the back garden (such as a shed, store, home office or gym) will be increased from 25 square metres to 30 square metres.
These exemptions will be reviewed after 18 months.
Concerns
The Irish Planning Institute has called on the government to stop ‘tinkering’ with planning laws, as such changes could inadvertently slow down the delivery of housing.
Gavin Lawlor, President of the Irish Planning Institute, said: “The reality is that the real game changers don’t show results for two or three years. Housing delivery, infrastructure provision, climate action and place making are often framed as issues that can be solved through single policy changes or procedural shortcuts. As planners, we know this is rarely the case”.
“You have to make the change, have faith in it, and stop constantly tinkering and pulling it apart again. Too often, pressure to accelerate delivery produces the opposite effect,” Mr. Lawlor added.
Echoing these concerns, Threshold, Age Acton, and the Irish Council for International Students, who represent renters, senior citizens and international students respectively, have issued a joint statement urging the government not to implement these exemptions.
Some of their concerns include: “While the organisations recognise the urgent need to increase housing supply, they warn that this measure carries significant risks. Threshold, Age Action, and ICOS strongly caution against this proposal.
“Based on Threshold's frontline experience, those who privately rent garden homes are often treated as ‘licensees’, with little to no tenancy security, no protection from rent increases and no recourse if issues arise. Threshold regularly sees cases of people living under license arrangements in poor quality, substandard, cramped accommodation with no effective route to enforce minimum standards.
“Those renting an extension or garden home are not necessarily licensees but are often treated as such. The legal distinction between a licence arrangement and a tenancy can be complex, and in many cases, it must be determined by adjudicators at the Residential Tenancies Board (RTB). However, regardless of how an arrangement is ultimately classified, no one should be left without basic housing protections.
“Extending rent-a-room relief to garden homes risks further entrenching these insecure arrangements. Removing planning requirements also increases the likelihood that poorly designed and unsuitable housing will be delivered, without adequate oversight or assessment of local impacts such as additional demand on water or energy services.
“Today’s proposal to make these units available within the private rented sector and to treat the income as eligible for rent-a-room relief is particularly concerning. Threshold, ICOS, and Age Action believe this approach has the potential to negatively affect the groups they support, including students, particularly international students, older people who may be pressured by family members or third parties seeking to benefit from their property, and those already experiencing housing insecurity,” their joint statement concluded.
AARON KENT
Funded by the Local Democracy Reporting Scheme
