With World Earth Day around the corner and the increasing awareness around sustainability in our homes and businesses, Rachel Nangle looks at the options available to residential and commercial property owners in Ireland, in particular, looking at the options available to allow for a greener home without the need to apply for planning permission.

The Government of Ireland’s Climate Action Plan includes a retrofit programme aiming to reduce greenhouse emissions from the residential sector by a rate of 50% by 2023 (from 2018 figures).  This has resulted in amendments to Irelands Planning Legislation and the increase in the availability of grants through the Sustainable Energy Authority of Ireland (“SEAI”).

Solar Panel Exemptions

The changes to planning legislation now means that the installation of solar panels will now be considered a “permitted development” in most cases[1], however, certain conditions are required to be met and the use of any social panels must be in line with Solar Safeguarding Zones (“SSZ”) as set out in legislation[2].

For this article, we will focus on those exemptions available to Residential Properties.

Conditions

Some of the conditions required to be complied with regarding the installation of solar panels without planning permission include:

• The solar panels must not exceed the height of the roof on which they are installed.
• The solar panels must not protrude more than 15cm from the roof surface.
• The solar panels must be installed parallel to the roof surface.
• The solar panels must not be installed on a building that is a protected structure.
• The solar panels must not be installed on a building that is located within an Architectural Conservation Area (ACA).

A grant scheme is available to support the installation of solar panels on new and existing homes and community buildings. The grant scheme is designed to make it more affordable for homeowners and businesses to install solar panels and help Ireland reach its target of generating 70% of the country’s electricity from renewable sources by 2030.

To be eligible for the grant scheme, the solar panels must be installed by a registered installer and meet certain technical requirements. The technical requirements include the efficiency of the solar panels, the inverter efficiency, and the type of mounting system used.

The grant scheme provides up to €3,800 for the installation of solar panels on homes and up to €15,000 for the installation of solar panels on community buildings. Similar grants are also available to farmers wishing to install solar panels on their lands.

Other Exempt Works

Other types of works which can be used in the retrofitting of homes which are also exempt from planning permission are set out in the Planning and Development Regulations 2001 (as amended).  These regulations are designed to encourage the maintenance and improvement of existing buildings and include the following:

1. Insulation: Adding insulation to your house is exempt from planning permission. This means that you can add insulation to your walls, floors, and roof without the need for planning permission. Grant schemes are available through the SEAI for up to €8,000.00.
2. Windows and Doors: Replacing windows and doors with similar ones is exempt from planning permission. However, if you are changing the size or style of the windows or doors, planning permission may be required. SEAI also offer a grant for the upgrading of windows and external doors.
3. Rainwater harvesting: The installation of rainwater harvesting systems is exempt from planning permission.
4. Ventilation: Installing mechanical ventilation systems, such as heat recovery ventilation systems, is exempt from planning permission.
5. Chimneys and flues: The installation of chimneys and flues is exempt from planning permission, if they do not exceed a certain height.

Building Regulations

It is important to note that while these works may be exempt from planning permission, they may still require building regulations approval. Building regulations are designed to ensure that buildings are safe, healthy, and sustainable.

It is recommended that you consult your engineer and/or architect before carrying out any works to your property to ensure such works are compliant with planning and building regulations.

If you are planning to retrofit your home, residential or commercial premises in Ireland, it is important to be aware of the planning exemptions available to you and take advantage of those new opportunities available for individuals / businesses to reduce their carbon footprint and contribute to a more sustainable future and a greener home or business.

How we can help

If you have any queries or concerns or would like to discuss the above in further detail, please feel free to contact Rachel Nangle in our Commercial Real Estate Department ([email protected] / +353 (0)1 440 8342).

This article is for general information purposes.  Legal advice must be obtained for individual circumstances.  Whilst every effort has been made to ensure the accuracy of this article, no liability is accepted by the author for any inaccuracies.

[1] The Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 (S.I. 493 of 2022)

[2] Planning and Development (Solar Safeguarding Zone) Regulations 2022 (S.I. 492 of 2022)