Exempt Development (Advertising)

General

Various classes of advertisements are exempt subject to compliance with conditions.  In each case, there are multiple conditions and in some cases several detailed conditions. Advertisements other than those mentioned in the following below categories exhibited in business premises wholly with reference to the business or other activity carried on or the goods and services provided are exempt.

There are several conditions including the total area in front of any building on the premises shall not exceed 0.3 square meters for every meter length of such front less the total area of any such advertisements exhibited on the premises but not exhibited on or attached to a building and in any event shall not exceed 5 square meters.  The total area of such advertisements exhibited on or attached to the face of a building on the premises other than the front shall not exceed 1.2 square meters and the total area such face which is illuminated shall not exceed 0.3 square meters.

That total area of such advertisements which are not exhibited on or attached to the building shall not exceed 3 square meters of which not more than 1.5 square meters shall consist of advertisements which are illuminated.

No part of the advertisements, which is not exhibited on or attached to a building or of an advertising structure in which it is exhibited, shall be more than 2.5 meters in height.

No part of the advertisement, which is exhibited on or attached to or affixed to the building shall be more than 4 m above the ground level.

Projecting onto Road

Where any advertisements projects more than 5 cm over any public road, the sign or other advertising structure on which it is exhibited shall not be less than 2 m above the level of the road and shall not project more than 1 m over such road.

Where any advertisements consists of circular sign and projects more than 5 cm over the public road, the diameter shall not exceed 1 m and no such advertisements shall be exhibited on a sign or other advertisement structure projecting more than 5 cm over such road.

Where one or more such advertisements are exhibited on a swinging or fixed sign, or other advertising structure, other than a circular sign projecting more than 5 cm from the external face of the business, the total area of such advertisements shall not exceed 1.2 square meters and the area of any face of such advertisements shall not exceed 0.4 square meter.

No such advertisements shall contain or consist of any symbol, emblem, model, logo or device exceeding 0.6 m in height or any later exceeding 0.3 m in height.  No such advertisements shall cover any part of any window or door of a building in which an advertisement is exhibited or to which it is attached.

Commercial Premises

Illuminated advertisements exhibited as part of any shop, other window display or business premises or other advertisements affixed to the inside of a glass surface of a window of a business premises or exhibited through such a window, are exempt.  The total area of any advertisement so exhibited is not to exceed one-quarter of the area of the window through which they are exhibited. Advertisements within a business premises which are not visible outside the premises are exempt.

Advertisements in the form of a flag which is attached to a single flag, fixed in an upright position on the roof of a business premises and which bears no inscription or emblem other than the name, device or logo of a person or business occupying the premises, are exempt.  There must be not more than one such advertisement exhibited on a business premises.

Advertisements exhibited at the entrance of any premises relating to any person, partnership or company carrying on a service, profession, business or trade is exempt.  No such advertisement is to exceed 0.3 square metres in area.  Not more than one such advertisement or in the case of premises with entrances on different road frontages, one such advertisement for each frontage, shall be exhibited in respect of each such person, partnership or company on the premises.

Accommodation etc.

Advertisements relating to any religious, educational, cultural, recreational, medical (or similar character), guest house or like premises (other than a hotel) providing overnight guest accommodation or any public house, a block of flats, club, boarding house or hostel situated on the land on which, is exempt.

The advertisements must not exceed 0.6 square metres in area.  No part of such advertisement or advertisement structure on which it is exhibited shall be more than 2.5 m  above ground level.  Not more than one such advertisement or in the case of premises with entrances on different roads frontages, one such advertisement for each such frontage, shall be exhibited on any one premises.

On Land

Advertisements exhibited on land wholly or for the most part, enclosed with a hedge, fence, wall or similar screen or structure and not being readily visible from land outside the enclosure, which is exhibited is exempt. This does not apply to land which is a public park, public garden or other land held for the use and enjoyment of the public or part of a railway undertaking’s enclosed land, normally used for the carriage of passengers, goods by rail.

Advertisements exhibited within a railway station, bus station, airport terminal and ferry terminal, which are not readily visible from outside the premises are exempt on a separate basis.

Advertisements relating to the sale or letting of any structure or other lands, (not being an advertisement structure) on which they are exhibited, are exempt subject to the following conditions. In the case of an advertisement relating to the sale or structure of a house, they shall not exceed 0.6 square metre.  In the case of an advertisement relating to the sale or letting of any other structure or land, they shall not exceed 1.2 square metres.

Not more than one such advertisement shall be exhibited on the structure or other lands.  No such advertisement shall be exhibited and no advertising structure erected for the purpose of exhibiting such advertisement, shall remain at the structure or land for more than seven days after the sale or letting to which the advertisement relates.

Temporary Advertisements for Specified Purposes

Advertisements relating to the sale, on or before a date specified, of goods or livestock and exhibited on the land where the same is situated and where the sale is held, not being land which is normally used (whether at regular intervals or otherwise), for the purpose of holding sales of goods or livestock is exempt.

No such advertisement shall exceed 0.6 square metres.  Not more than one such advertisement is to be exhibited on the land concerned. No such advertisement or structure shall remain on the land for more than seven days after the date specified.

Advertisements relating to the carrying out of building or similar works on the land on which they are exhibited, not being land which is normally used, whether at regular intervals or otherwise. for the purpose of carrying out such works are exempt.  Only one such advertisement may be exhibited. It shall not exceed 3.5 square metres in area or shall not be more than 6 m above ground level.

Where more than one is exhibited, none shall exceed 0.6 square metres and the total area of such advertisements shall not exceed 3.5 m. None shall be more than 4 m  above ground level.  No such advertisement shall be exhibited and no advertising structure erected for the purpose of erecting such advertisement shall remain more than seven days after completion of the works.

Public Functions

Advertisements for the purpose of announcements, directions or warnings exhibited by statutory undertakers in relation to the operation of the statutory undertaking are exempt. Advertisements for the purpose of identification, direction or warning with respect to land or structures on which they are exhibited are exempt, provided that they shall not exceed 0.3 square metres in area.

Advertisements relating to a Presidential, Dáil, European or local elections or referendums are exempt.   The advertisement must not be exhibited or structure must not be erected or left in place, for more than seven days after the date of the election or referendum to which the advertisement relates.

Advertisements required to be exhibited under any Act, including advertisements, the exhibition of which is a condition for the valid exercise of any power or the proper performance of a function under the legislation are exempt.

Public Events

Advertisements other than the ones mentioned in the next class, announcing any local event of a religious, cultural, educational, political, social, recreational or sporting character and advertisements relating to any temporary matter in connection with any such local event, not in either case, being an event promoted or carried on for commercial purposes, are exempt.

No such advertisement shall exceed 1.2 square metres in area. They shall not be exhibited more than 2.5 m above ground level or be glued, pasted or otherwise affixed to any structure, other than an advertising structure.  No such advertisement shall be exhibited and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place for more than seven days after the conclusion of the event to which it relates.

Advertisements consisting of placards, posters or bills relating to the visit of any travelling circus, funfair, carnival, show, musicians, players or other travelling entertainment, are exempt.  No such advertisement shall exceed 1.2 square metres in area nor shall they be exhibited in more than 2.5 metres above ground level or be glued, pasted or otherwise affixed to any structure other than an advertisement structure.  No such advertisement shall be exhibited or advertisement structure erected for such purpose,   shall be left in place for more than seven days after the last performance or the closing of the entertainment concerned.

An advertisement relating to any demonstration of agricultural methods or processes on the land on which the advertisement is exhibited is exempt. This is It provided that it shall not exceed 0.6 m in area.  Not more than one advertisement shall be exhibited on the land concerned. No such advertisement or structure shall remain in place for more than seven days after the date of the demonstration to which it relates.

General Conditions

The exempt development regulations in respect of advertisements are subject to general conditions.  Development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in the regulations is exempt, provided that such development complies with the conditions mentioned.  A structure or other land shall not be used for the exhibition of advertisements other than advertisements of a class specified and which comply with the conditions.

Development consisting of the erection of any advertising structure for the purpose of an advertisement for one of the exempted class shall be exempt, provided

• the area of such  structure which is used for the exhibition of an advertisement does not exceed the area if any specified in the relevant conditions;
• the advertising structure is not used for the exhibition of advertisements other than advertisements of a class to which the exemption relates;
• the advertisement structure is not erected on a protected structure or a proposed protected structure;
• the advertisement structure is not located on the exterior of a structure, where the structure concerned is located within a protected or conservation area.

Where an advertisement structure is within the Gaeltacht area, any advertisement exhibited in Irish and in Irish or other languages with prominence given to the Irish text, and identical content in all versions of the text is exempt.