IRISH PLANNING & RENTAL RULES / CHECKED 30 OCTOBER 2026
A new possibility.
Know the conditions.
Class 3A provides a conditional planning exemption for a detached home in the rear garden. Understand what needs checking before you build or let.
Explore the criteria ↓S.I. 340 of 2026
Planning and Development (Exempted Development (Act of 2000)) (No. 3) Regulations 2026.
Read the statutory instrument ↗Exempt is conditional.
Property, design, intended use and notification all matter. The planning authority—not this website or the RTB—determines planning eligibility. If a condition is not met, you may need planning permission.
YOUR PROPERTY / YOUR QUESTIONS
What needs
to be checked?
A starting point for discussion with your planning adviser.
Read the full rules and get advice for your site.
01Where must the home go?+
In the rear garden of the principal house, which must be the owner’s sole or main residence when development starts.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗02What size is allowed?+
At least 32 m², with a 45 m² combined cap including existing Class 3 structures such as sheds and garages. A 45 m² design is not automatically eligible.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗03How much garden and boundary space is needed?+
Keep at least 25 m² of qualifying private open space. The structure and windows facing a boundary must meet the 0.6 m separation conditions.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗04What is the height limit?+
Up to 4 m with a tiled or slated pitched roof; otherwise 3 m. Temporary structures such as caravans are excluded.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗05Can it have its own access and services?+
No new road access or separate utility connections. Independent pedestrian and/or wheelchair access is required within the plot. Wastewater capacity and percolation safeguards apply.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗06Can I sell it separately or subdivide the main house too?+
No separate sale or subdivision of the garden dwelling. The exemption cannot be combined with subdivision of the principal house.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗07Must I tell the council before building?+
Yes: notify the planning authority at least 14 days before starting, with the location, Eircode, intended use and confirmation of compliance.
Louth County Council — exemptions, notification & Section 5 ↗08Is there a deadline?+
The regulations took effect on 27 July 2026. Works must commence and finish within the specified relevant period, which ends on 31 December 2030.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗09Do building and fire-safety rules still apply?+
Yes. Planning exemption does not remove Building Regulations, fire-safety or Building Control obligations. Other planning restrictions can also prevent exemption.
Louth County Council — exemptions, notification & Section 5 ↗10What if my property is protected or I am unsure?+
Get site-specific advice from the planning authority. Ask about heritage restrictions and whether a Section 5 declaration is appropriate; this checklist is not an exemption decision.
Louth County Council — exemptions, notification & Section 5 ↗11Can I rent it out, and does it need RTB registration?+
RTB guidance distinguishes qualifying exempt units added from 27 July 2026, which are outside its remit, from older or non-qualifying units that must be registered. Confirm the correct category with your local authority.
Residential Tenancies Board — garden housing units ↗12Can it be used for Airbnb or holiday lets?+
No. Short-term letting is excluded under Class 3A.
S.I. 340/2026 — full legislation (council-hosted PDF) ↗13Does planning exemption mean tax-free rent?+
No. Revenue’s published manual excludes a self-contained unit beside, but not attached to, the main residence from Rent-a-Room Relief. Check current tax advice for your circumstances.
Revenue — Rent-a-Room Relief manual (section 4.2) ↗BUILDING, RENTING & TAX ARE SEPARATE QUESTIONS
Check the planning route.
Then check the letting position.
Keep the exemption paperwork. Before letting, establish which rental rules apply and obtain an appropriate agreement and advice on your obligations. Planning exemption is not a tax exemption.
Read the RTB’s specific garden-unit guidance ↗GO STRAIGHT TO THE SOURCE
Official information.
General information checked on 30 October 2026, not a planning certificate or legal or tax advice. Conditions, other restrictions and later changes may affect your proposal. The council-hosted PDF reproduces the statutory instrument; the Department publication is also linked.
LET’S LOOK AT YOUR PROPERTY