2026-01-22

141. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage for an update on the expected timescale for the exemption of family residential units up to 40 sq. m in back gardens; whether this will restrict the commercial rental of such units without planning permission; and if he will make a statement on the matter. [5319/26]

Early last year, I asked for some flexibility for people to build within their gardens. I note that under pillar 1 of the housing plan, action 4.8 commits to increasing the number of development types exempt from planning permission. When is this coming in? Will there be clear boundaries in terms of the scope? It should be for families and not for commercial rental in the first instance.

I thank Deputy Gogarty. The Government, as he said, recently published its new housing plan, Delivering Homes, Building Communities, which aims to deliver 300,000 new homes by the end of 2030. Under pillar 1, it says that to increase the supply of additional housing, action 4.8 commits to increasing the number of development types that are exempt from planning, in order to ensure we have the flexibility for local authorities to be able to do the work they require to do. Planning permission will be exempt to allow for homeowners to adapt or extend their homes more easily, including attic conversions, subdivisions of existing homes and detached accommodation within the primary dwelling. The action is being progressed through the continued commencement of the Planning and Development Act 2024, including the consequential review of the exempted development regulations. It is expected that the work will be completed on these imminently and both will be brought before the joint Oireachtas committee thereafter. I assure the Deputy that both the Minister, Deputy Browne, and I have been working extensively on this matter with officials. Significant progress has been made to date following the successful public consultation that took place last year, with over 900 submissions received via the online portal. The details of these submissions have been reviewed and are informing the ongoing drafting of the updated exempted development regulations that will be forthcoming across 2026. The implementation of the update of these regulations is being done on a phased basis by theme, with priority already given to exemptions relating to agriculture, which were passed before Christmas. The next theme will be domestic dwellings followed by infrastructure. These domestic dwelling regulations are at an advanced draft stage and include exemptions for stand-alone detached housing units to the rear of a residential dwelling. The final decisions on the specifics of these regulations, including on whether there are any restrictions, will be communicated as soon as possible. The new draft exempted development regulations will be subject to environmental consideration and will be laid before both Houses of the Oireachtas and then before the committee.

Gabhaim buíochas leis an Aire Stáit. This is not going to sort out the housing crisis but it will make a dent. Where it is going to help in particular is where people can either have a starter home or an age-appropriate home in the area where they already live, work or grew up. That is crucial because a lot of people cannot actually get a property in the area where they have grown up. In that context, it is important to make sure this legislation is primarily for families with, maybe, a two-year exemption period where someone has used it and they have moved on and then it could possibly be extended under the rent-a-room scheme, for example, should people have that annex available. I am very conscious that there are a lot of cowboy operators out there who have built unauthorised developments in back gardens and are renting them out. They are not registered with the tenancies board so we have to make sure this is purely for family members only, initially anyway.

I welcome the Deputy's comments in relation to this proposal, which is being advanced by Government. I expect to have these domestic exemption regulations before the joint Oireachtas committee around Easter time and enacted and enforced thereafter. I have never once said that this is a solution to the housing crisis. This is about providing options for people where they feel it appropriate. There will be restrictions and limitations across a number of areas and they are obviously being worked through. The positive interaction of the public with the public consultation, which took place in regard to these exemptions, has been very welcome and have helped inform the discussions that have been ongoing in the Department in relation to this. I see this as a very positive and proactive measure that the Government is taking. That is why it is in the housing plan and why it is being prioritised by the Department. As I said, we expect to have those regulations before the joint Oireachtas committee around Easter time and implemented thereafter.

It is something that will be welcomed by so many families within communities. In framing the legislation before it actually comes before the committee, could the local authorities also be contacted? Local authorities obviously have to enforce planning regulations but I was told before by a county manager that they do not have the resources to bring every case to court. There are situations. For example, I know of a mother of two severely autistic children whose family built an annex out the back because she had nowhere else to go. A local authority has issued enforcement proceedings to tear the whole structure down. If the Minister of State could issue guidelines saying to go easy until the legislation comes in, then there may be the opportunity to retrospectively apply for retention in situations like that. We are talking about people living real lives with serious consequences if they have to tear these down. They will end up in a homeless hub and that is not appropriate. Any help the Minister of State could give in that regard would be appreciated.

I note the Deputy's comments but, for the avoidance of doubt, unless there are explicit exemptions, the rules are the rules around planning. We have indicated our intention to bring forward this proposal. We have not set out the exact parameters of that. The current rules in regard to planning are the current rules until they are exempt. I indicated that to the joint Oireachtas committee when I was there before Christmas. As I said, this is a proactive and sensible proposal about providing options for people where they choose. Who is anybody in this Chamber or anywhere else to tell somebody that this is not an appropriate option for them if they choose to progress something? It is about removing red tape from the planning system so that planning authorities can actually deal with important planning applications and introduce flexibility and common sense to the planning system. That is what I am trying to do as Minister of State in the Department.