Planning to set up a temporary structure in Ireland can be a complex process, with various rules depending on the structure type, size, and intended use. This guide walks through what you need to know about planning permission requirements for temporary structures, whether you’re a homeowner, builder, or business owner.

What is temporary planning permission?

Temporary planning permission in Ireland allows structures to remain in place for a limited period, typically between 1-5 years. After this period expires, the structure must be removed and, in many cases, the land restored to its original condition.

Unlike permanent permission, temporary permission acknowledges that the structure is not intended to be a permanent fixture on the landscape. This type of permission is particularly useful for businesses with seasonal needs or homeowners requiring a temporary solution while undertaking larger construction projects.

When do temporary structures need planning permission?

The key factors that determine whether your temporary structure requires planning permission include:

• Duration: Structures remaining for 7 years or more require planning permission, even if originally intended as temporary. Structures lasting less than 28 days (such as event marquees or short-term storage) are typically exempt, as specified in the Planning and Development Regulations.
• Size: Structures exceeding 25m² generally require permission.
• Height: Structures taller than 4m (pitched roof) or 3m (flat roof) usually need permission.
• Location: Structures at the front of a property or close to boundaries often require permission.
• Usage: Structures intended for habitation or commercial use almost always require permission.

Remember that local authorities may have additional specific requirements, so it’s always worth checking with your council before proceeding with any temporary structure project.

What can you build without planning permission?

Several temporary structures may be exempt from planning permission requirements:

• Small garden sheds or log cabins under 25m² that are non-residential and positioned at least 2m from property boundaries
• Temporary structures used for less than 28 days (such as event marquees)
• Certain agricultural structures
• Temporary scaffolding and roadways for construction
• Small temporary signage (under specific size thresholds as per Class 7, Part 3 of the regulations)

However, these exemptions come with conditions. For instance, the structure must leave at least 25m² of open space in your garden and cannot be used as living accommodation. For more detailed information on specific exemptions, check our comprehensive guide on planning permission in Ireland.

An important consideration often overlooked is that even exempt structures must comply with building regulations and safety standards. Just because you don’t need planning permission doesn’t mean you can ignore other regulatory requirements.

Understanding the 7-year rule in Ireland

The “7-year rule” is often misunderstood. This rule states that enforcement action cannot be taken against unauthorized structures that have been in place for more than 7 years. However, this doesn’t mean the structure becomes legally authorized or that planning permission is retroactively granted.

Important points about the 7-year rule:

• It only provides immunity from enforcement action
• It does not constitute formal planning approval
• The structure remains technically unauthorized
• It can cause issues when selling property or seeking insurance
• Local authorities may still record the breach

This rule provides some protection from enforcement but does not resolve the underlying planning issues. Think of it as a statute of limitations rather than forgiveness for the original breach.

What is Section 47 planning permission?

Section 47 (also known as “retention permission”) is a provision that allows property owners to seek retrospective approval for structures built without proper permission. This applies to temporary structures that have exceeded their permitted duration or were built without permission initially.

The application process is similar to standard planning permission, but:

• Fees are significantly higher (€240 or €2.50/m², whichever is greater)
• Approval is not guaranteed
• If refused, you may face enforcement action requiring removal

Retention permission should be viewed as a last resort rather than a planning strategy. Local authorities are increasingly strict about unauthorized developments, and applying for retention doesn’t guarantee you’ll receive it.

How to apply for temporary structure planning permission

The application process involves several key steps:

1. Pre-application consultation: Contact your local planning authority to discuss your plans. This informal step can save considerable time and money by identifying potential issues early.
2. Prepare documentation: Gather site maps, detailed structure plans, and impact assessments. Your application should clearly specify the intended duration of the structure and plans for site restoration afterward.
3. Submit application: File with your local council along with the required fee (typically €50-€150). The application must include a site layout plan, elevation drawings, and a written description of the proposed structure.
4. Public notification: Place a site notice and publish a newspaper notice. The site notice must be maintained for the duration of the application process and be clearly visible from a public place.
5. Wait for decision: Usually takes about 8 weeks. During this period, the public may submit observations or objections regarding your application.
6. Appeal if necessary: If refused, you can appeal to An Bord Pleanála within four weeks of the decision.

A well-prepared application that addresses potential concerns proactively has a much higher chance of success. Consider including supporting information like photographs of similar structures or precedents where similar permission has been granted.

Planning permission costs and timeline

The cost of applying for planning permission for temporary structures typically includes:

• Application fee: €50-€150 (varies by council and structure type)
• Site notice: Approximately €140
• Newspaper notice: €150
• Site maps and plans: €100-€150
• Professional fees if using an architect or planning consultant: €500-€2,000+

The timeline from application to decision is usually around 8 weeks, but this can extend if there are objections or if additional information is requested. It’s advisable to allow at least 3 months from application to potential approval when planning your project.

It’s worth noting that temporary permission typically has conditions attached regarding the removal of the structure and restoration of the site. Budget for these future costs when planning your project.

Common requirements by user type

Different users face different planning considerations:

Homeowners

• Garden rooms under 25m² used as offices or gyms generally don’t need permission, provided they’re not used for habitation
• Bespoke garden rooms that exceed size limits or are intended for habitation require permission
• Mobile homes used for more than 10 days require permission, as specified in planning guidelines

For homeowners planning a garden office, consider that while the structure might be exempt based on size, changing the use of your property (even partially) for business purposes might require permission if clients will be visiting or if there’s an impact on parking or neighborhood amenity.

Builders

• Temporary site cabins, fencing, and storage areas lasting over 7 years need permission
• Short-term scaffolding and site facilities are typically exempt

Builders should be aware that even exempt temporary structures must comply with health and safety regulations, including the Building Control Regulations 2014 and fire safety standards.

Businesses

• Pop-up shops or temporary commercial structures generally require permission
• Promotional stalls lasting less than 28 days may be exempt

For businesses, temporary structures may also need to comply with accessibility requirements and licensing regulations, particularly if serving food or alcohol.

Is planning permission hard to get in Ireland?

The difficulty of obtaining planning permission varies depending on several factors:

• Location: Urban areas and protected landscapes face stricter scrutiny. Applications in rural areas with fewer neighbors typically encounter fewer objections.
• Local development plans: Proposals that align with local development plans are more likely to succeed. Research your area’s development plan before applying.
• Objections: Neighbor objections can significantly impact applications. Consider discussing your plans with neighbors before formally applying.
• Complete applications: Thorough, well-prepared applications have higher success rates. Incomplete or vague applications are more likely to be refused or delayed.

For temporary structures specifically, permission is generally easier to obtain than for permanent structures, as the impact is considered time-limited. According to planning professionals, temporary permission applications have a higher approval rate, especially when the proposed duration is clearly defined and reasonable.

What land is easiest to get planning permission for?

Land with the following characteristics typically has better chances of planning approval for temporary structures:

• Land within existing settlement boundaries
• Previously developed land (brownfield sites)
• Land not designated as protected or of special scientific interest
• Land with existing infrastructure and access
• Land where similar developments have been approved nearby

The planning history of a site is particularly important. Land where permission has previously been granted for similar uses is more likely to receive favorable consideration. You can check a site’s planning history through your local authority’s planning portal.

Tips for successful applications

To maximize your chances of approval:

1. Research thoroughly: Review local development plans and policies. Understanding the planning context for your area helps you align your application with local priorities.
2. Consult early: Speak with planning officials before submitting. Many local authorities offer pre-application consultations that can identify potential issues early.
3. Address potential objections: Consider neighbor concerns proactively. Shadow, privacy, noise, and visual impact are common objection grounds – address these in your application.
4. Be precise: Provide detailed plans and clear timelines. For temporary structures, be specific about the duration and include a site restoration plan.
5. Consider professional help: For complex applications, hiring a planning consultant can improve success rates. Their expertise often pays for itself by avoiding costly mistakes or delays.

An often-overlooked strategy is to include photomontages or 3D visualizations with your application. These help planning officials and neighbors better understand what you’re proposing and can alleviate concerns about visual impact.

Conclusion

Understanding planning permission requirements in Ireland is essential before embarking on any project. While the process may seem daunting, proper preparation and adherence to regulations can help ensure a smooth application process.

For specific projects like building your own summer house or installing a garden room, it’s always best to check with your local planning authority early in the process to avoid complications later.

Remember that while some structures may fall under exemptions, it’s always safer to confirm your specific situation with planning officials before proceeding with your temporary structure project. A small investment in proper planning at the beginning can save considerable time, money, and stress down the line.