Housing Policy
Dail Éireann — 2026-09-16
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Frankie Feighan (FG), Sligo-Leitrim

I thank the Deputy for raising this matter and giving me the opportunity to update Members on this important measure, which was signed into law during the summer recess following the approval of the Houses of the Oireachtas at the end of last term. I am taking this Topical Issue on behalf of the Minister for Housing, Local Government and Heritage, Deputy James Browne. The Deputy has asked some very technical questions. I do not have the answers but I will certainly endeavour to get those answers for him.
On 27 July 2026, a suite of exempted development regulations came into effect to expand the exemptions available to homeowners to maintain and improve existing residential dwellings. The central purpose across all the changes that have been introduced is to facilitate the efficient use of residential space through enhancements, expansion or adaptation over the different stages of the life cycle while also lifting a regulatory burden on both the citizen and the planning authorities. The revised exempted development regulations include a new class 3A, which allows for the construction, erection or placing of a detached house in the rear garden of a principal house, subject to certain conditions and limitations, as set out in SI 340 of 2026. It should be noted that planning legislation does not specify the method of construction and, therefore, class 3A is referred to as a detached house in the rear garden of a principal house and not specified as a modular home. I can confirm that all relevant building control legislation shall apply to such structures, including building regulations such as fire safety and building control regulations.
On 28 July, the Department published guidance on the application of building regulations and building control regulations, highlighting the principal matters, including fire safety, that needed to be considered when building an auxiliary dwelling in the rear garden of an existing dwelling house. This material highlighted that the performance requirements of the building regulations for a new dwelling would apply to such structures and confirmed that the key building control procedures that would apply included the requirement for certification by appropriate qualified professionals. A planning circular was also issued to the planning authorities at the end of July with guidance on the expected operation of the measure. Those who wish to utilise the planning exemption must notify the relevant planning authorities at least 14 days before they commence the work on the development, as set out in condition No. 16 of class 3A. The regulations also require that the planning authorities will report to the Minister on the notifications received regarding the use of class 3A. This will provide a basis to review the uptake and operation of this measure over time, as is appropriate for such a new measure.
The Deputy raised some interesting issues regarding garden sheds and whether they would be taken into consideration when looking for a new modular development in the back garden. These are areas to which I do not have the answers but I will certainly be glad to raise them with the Minister on the Deputy's behalf.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-09-16/debate/main
Retrieved: 2026-09-28T05:50:48+00:00
Sitting date: 2026-09-16