What changed on 27 July 2026
The garden home planning exemption, in plain English
S.I. No. 340/2026 means most garden homes up to 45 m² no longer need planning permission. Here's exactly what qualifies, what still applies, and how to find out where your garden stands — without reading a statutory instrument.
The five things that matter
How the exemption works
- 01
Up to 45 m², detached, in the rear garden
The exemption covers detached garden dwellings up to 45 m² of floor area, located in the rear garden of your main home. Attached extensions and front-garden structures follow different rules.
- 02
At least 25 m² of garden must remain
After the build, a minimum of 25 m² of private open space must be left for the main house — roughly a 5 m × 5 m patch. The unit also needs its own separate entrance.
- 03
The owner must live in the main house
The exemption applies where the property owner occupies the principal dwelling. It is designed for households adding space for family members or their own use.
- 04
It runs until 31 December 2030
S.I. No. 340/2026 came into force on 27 July 2026 and the exemption currently runs until the end of 2030. Rules can change — we confirm current eligibility for your specific site at your free consultation.
- 05
Building standards still apply in full
Exempt from planning permission does not mean exempt from standards. Building Control, structural sign-off, fire safety and BER assessment all still apply — and Nua Living manages every piece of that paperwork for you.
Free instant check — confirmed in person at your no-obligation site visit.
Good to know
Frequently asked questions
What is S.I. No. 340/2026?+
A statutory instrument, effective 27 July 2026, that exempts detached garden dwellings up to 45 m² from planning permission in Ireland, subject to conditions: rear-garden location, at least 25 m² of remaining garden, a separate entrance, and the owner living in the principal dwelling. The exemption runs until 31 December 2030.
Does my garden qualify for the exemption?+
The key checks are: is the site in the rear garden of your main home; will at least 25 m² of garden remain; can the unit have a separate entrance; does the owner live in the main house; and is the unit 45 m² or less. Our online checker gives you an instant indication, and we verify on the ground at a free site visit.
What if my project needs planning permission anyway?+
Then we handle it. For units over 45 m² (like our 48 m² two-bed) or sites that miss an exemption condition, Nua Living prepares and manages the full planning application, along with Building Control, structural sign-off and BER assessment.
Do I still need a BER certificate for an exempt garden home?+
Yes. Building Control and BER requirements apply in full regardless of the planning exemption. Nua Living homes are designed to reach BER A1–A0 and you receive your BER certificate at handover.