Domestic Exemptions

Demolition

The demolition of a building or other structure, other than the habitable house, a building which forms part of a terrace of buildings, or a building which abuts on another building in separate ownership, is exempt.

The demolition of part of a habitable house in connection with the provision of an extension or porch of the exempted dimensions is exempted.

House Extensions

The curtilage of a dwelling house refers to the external land used for the benefit of the dwelling-house as such.  It commonly includes the dwelling house’s yard and garden.  It is a matter of interpretation as o how far the curtilage extends. This will be uncontroversial in most cases. The curtilage may  be relative to the nature and setting of the particular dwelling house

The extension of a house by the construction or erection of an extension, including a conservatory, to the rear or by the conversion for use of part of a garage, store, shed or other similar structure attached to the rear or side of the house is exempted subject to a number of conditions.  The total area is measured relative to the size of the original house or the house as it existed on commencement of planning legislation.

The total area of extensions is not to exceed 40 square metres.  In the case of a terraced or semi-detached house, the total area above the ground floor level is not to exceed 12 square metres. In the case of a detached house, the limit is 20 square metres. The area allowed includes those used up by previous extensions, whether permitted by planning permission or not.

An above ground floor extension must be at least two metres from a party boundary. Where the rear wall does not include a gable, the height of the walls of the extension are not to exceed the height of the rear wall of the house.  Where it does include gable, the height is not to exceed the height of the sidewalls of the house.  The height of the highest part of the roof of an extension is not, in the case of a flat roof extension, to exceed the height of the eaves or parapet or in other cases, the height of the highest part of a pitched roof extension.

An extension to the rear must not reduce the area of private open space to the rear of the house reserved exclusively for the occupants of the house, to less than 25 square metres. A window at ground floor level must be at least one metre from the boundary it faces.  Windows above ground floor level must be at least 11 metres from the boundary it faces.

Where the house is detached and the floor area above the ground floor exceeds 12 square metres, any window proposed above ground floor level must be at least 11 metres from the boundary it faces.  The roof of an extension may not be used as a balcony or roof garden.

External Development to Houses

The provision as part of a central heating system of a house or chimney, boiler house or oil storage tank is exempt.  The capacity of the oil storage tank must be less than 13,500 square metres.

The construction, erection or placing within the curtilage of a house of any tent, awning,  shed or another object, greenhouse, garage, store shed or other similar structure is exempt subject to the following conditions. The structure may not be placed forward of the front wall of the house.  The total area of such structures, shall not when taken together, exceed 25 square metres.  The private open space shall not be reduced to less than 25 square metres.

The height of a structure shall not exceed, in the case of building with a tiled or pitched roof four metres, or in other cases three metres. The structure must not be used for human habitation, the keeping of pigs, poultry, ponies or horses or for any purpose other than a purpose incidental to the enjoyment of the house as such. The external finishes of any garage or any structure placed at the side of a house and the roof covering (where it has a tiled or slated roof) shall conform with those of the house.

The construction or erection of a porch outside any external door of a house is exempt, subject to the following conditions.  The structure must be at least two metres from any public road, must not exceed two square metres in area and its height shall not exceed, in the case of the structure with tiled or slated pitched roof, four metres, or in other cases three metres.

The erection of a wireless or television antenna other than a satellite dish on the roof of a house is exempt.  The erection on or within the curtilage of a house of a satellite dish is exempt. The height of the antenna must not exceed six metres.  The diameter may not exceed one metre.   No antenna (or dish) may be erected forward of the front wall of the house.  It shall not be erected in the front roof slope of a house or higher than the highest part of the roof of the house.

Ancillary Works to Curtilage I

The construction, erection or alteration within or bounding in the curtilage of a gateway railing, wooden fence or wall of brick, stone, block with a decorative finish, other concrete blocks or mass concrete, is exempt subject to the following conditions.  The height shall not exceed two metres or in the case of a wall or fence within or bounding any garden or other space in front of a house, 1.2 metres.

The height of the structure is not to exceed two metres or in the case of a wall or fence within or bounding any garden or other space in front of a house, 1.2 metres.  Every wall, other than a dry or natural stonewall bounding any garden or other space, shall be capped and the face of it, other than blocks with a decorative finish, which will be visible from the front, shall be rendered and plastered.  A metal palisade or other security fence is not permitted.

The construction, erection, renewal or replacement of any gate or gateway less than two metres in height is exempt. The plastering or capping of a wall of concrete blocks or mass concrete is exempt. The construction, erection, lowering, repair or replacement (other than within or bounding the curtilage of a house) of any fence (not being a hoarding or sheet metal fence) or any wall of brick stone blocks with a decorative finish, other concrete blocks or mass concrete is exempt.

The height must not exceed 1.2 metres or the height of the structure being replaced, whichever is greater, and in any event, shall not exceed two metres.  Any such wall, other than a dry and natural stone wall bounding the road, shall be capped and the face of the wall of concrete block shall be rendered and plastered, where visible from a roadway or pathway.  This does not apply to blocks of a decorative finish.

Ancillary Works to Curtilage II

The construction of any path, drain or pond or the carrying out of landscaping works within the curtilage of a house, is exempt.  Works for the provision to the rear of a house of a hard surface,  where used for a purpose incidental to the enjoyment of the house and the provision to the front or side, of a hard surface for the parking of not more than two vehicles used incidental to the house, is exempt.  The level of the ground may not be altered by more than one metre above or below the adjoining ground.

The keeping or storing of a caravan, campervan or boat within the curtilage of a dwelling house is exempt.  Not more than one such may be kept or stored.  It shall not be used for the purpose of storage, display, advertisement or sale of goods or for the purpose of any business.  It shall not be kept for than nine months in any year or occupied as a dwelling house when so stored.

The painting of the external part of a  building or structure is exempt. The painting must not, other than in the case of a hoarding or other temporary structure bounding land where works are being carried out, be for the purpose of creating a mural.

The repair or improvement of any private street, road or way being works carried on within its boundary, are exempt provided the width of the private footpath or paving does not exceed three metres.