Guide by Bayt
If you are planning a new build, an extension, or even a change of use for a property in Ireland, two terms will come up again and again: Planning Permission and Building Regulations. Many people assume they are the same thing, but they are actually two separate legal requirements. Understanding the difference between them will save you time, money, and unnecessary stress during your project.
Planning Permission is about how land and buildings are used, where development can take place, and how it fits into the surrounding environment. It is governed by the Planning and Development Act 2000 (as amended).
Planning Permission deals with issues such as:
Not every project needs full Planning Permission. Some works qualify as exempted development, such as small extensions under certain size limits, garden sheds, or internal alterations. However, even if your project seems minor, it is always best to check with your local planning authority or apply for a Section 5 Declaration to confirm if permission is required.
If your project does need Planning Permission, you must apply before starting work. The local authority will assess the application, allow for public submissions, and issue a decision. Permission typically lasts for five years, but if you do not begin within that time it will expire.
While Planning Permission is about what you can build, Building Regulations are about how you build it. They set the technical standards for construction in Ireland under the Building Control Act 1990 and subsequent regulations.
Building Regulations ensure that buildings are structurally sound, safe, energy efficient, and accessible. They cover areas such as:
Accessibility for people with disabilities
Most construction projects require the submission of a Commencement Notice to the local Building Control Authority before work begins. Depending on the project, you may also need a Fire Safety Certificate or a Disability Access Certificate. On completion, you must lodge a Certificate of Compliance on Completion confirming that the building meets all regulatory standards.
Ignoring Building Regulations is not an option. Non-compliance can lead to enforcement action, refusal of insurance or mortgages, and major difficulties if you ever wish to sell the property.
Although both processes apply to construction projects, they serve very different purposes.
Planning Permission decides if you are allowed to carry out the development in a particular location.
Building Regulations ensure that once permission is granted, the construction itself meets national safety and quality standards.
A project can have Planning Permission but still fail if it does not meet Building Regulations. Likewise, some exempted developments may not require Planning Permission, but they will still have to comply with Building Regulations.
Imagine you want to add a rear extension to your home.
First you check if it qualifies as exempted development under planning law. If not, you apply for Planning Permission from your local authority.
Once planning matters are settled, you must comply with Building Regulations. This means lodging a commencement notice, ensuring the design meets structural and energy standards, and obtaining certification on completion.
In other words, Planning Permission looks at whether the extension is appropriate for your property and its surroundings. Building Regulations make sure it is safe, efficient, and well built.
Planning Permission protects communities by managing how towns, cities, and rural areas develop. Building Regulations protect homeowners, tenants, and the public by ensuring buildings are safe and sustainable.
Both are essential, and both must be addressed before you start work. Ignoring either can cause costly delays, legal issues, or even force you to undo completed work.
Key Takeaways
Final Word
At BAYT Design & Build, we know that navigating Planning Permission and Building Regulations can feel overwhelming. That’s why our team manages the process from start to finish. We guide you through the planning stage, prepare and submit all applications to your local authority, and handle any queries that arise along the way.
Once planning is secured, we move seamlessly into construction with full compliance to Building Regulations. Every stage of your project is overseen by qualified professionals to ensure the highest standards of safety, efficiency, and workmanship. At completion, your build is signed off by a Chartered Engineer, giving you peace of mind that everything meets statutory requirements and is certified for mortgage, insurance, and resale.
With BAYT, you’re not just building, you’re building right, with every detail taken care of from first sketch to final certificate.
Whether you’re planning a new home, an extension, or a renovation, BAYT is here to help.
Contact us today for a consultation, and let’s bring your vision to life!
