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Certificate of Exemption - Part V ?

  • 12-05-2016 9:33pm
    #1
    BobbyBingo
    Registered Users, Registered Users 2 Posts: 286 ✭✭


    Hi

    A house nearby has just been sold and they've put in for permission for it to be knocked and a new house built. No idea if it's an owner occupier or a developer. They have now also applied for a Certificate of Exemption - Part V. Can anyone tell me what this means ?

    Does it apply just to developers or does it also apply to owner occupiers ?

    Much obliged,
    B


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,351 Mod ✭✭✭✭Gumbo


    They are basically asking the council if they need planning permission to demolish the existing house and build a new house.

    A part V application can be made by anyone seeking clarification on a proposal if it requires planning or not.

    Demolition of a house and construction of a new house will require planning and compliance will all of the current building regulations.


  • #3
    BobbyBingo
    Registered Users, Registered Users 2 Posts: 286 ✭✭BobbyBingo


    Thanks for that kceire

    Curiously though, they applied a few weeks back for the planning permission to knock and build , yet have only now applied for this exemption. Does that make sense to you or would you read anything into it ?

    B


  • #4
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,450 Mod ✭✭✭✭DOCARCH


    @ Kceire

    You may be mixing up with Section 5?

    Part V of the planning and development acts is in relation to the provision of social and affordable housing.

    If you are (a developer) building more than 4 houses, you are liable to provide a % of the houses you are building for social and affordable housing...or...provide a financial contribution in relation to same (to contribute to social and affordable housing elsewhere).

    If you building 4, or less, house (i.e. one house...which would include replacing an existing house) you have to apply for a certificate of exemption from the requirement to provide of social and affordable housing (Part V Application).

    Usually it's just a formality....filling out and submitting a form.


  • #5
    BobbyBingo
    Registered Users, Registered Users 2 Posts: 286 ✭✭BobbyBingo


    Much obliged. On that basis, my question therefore is, is there a circumstance where a private individual would need to seek the exemption or is it just for developers ?

    Thanks
    B


  • #6
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,450 Mod ✭✭✭✭DOCARCH


    BobbyBingo wrote: »
    Much obliged. On that basis, my question therefore is, is there a circumstance where a private individual would need to seek the exemption or is it just for developers ?

    Thanks
    B

    Anybody building a one off house needs to apply for exemption certificate.

    Also bear in mind that developers are also (usually) private individuals. :)


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  • #7
    BobbyBingo
    Registered Users, Registered Users 2 Posts: 286 ✭✭BobbyBingo


    That's brilliant - thanks a lot. Final question then - if everyone needs to apply for it, any reason that you can think of that they'd apply for it after submitting planning as opposed to with/before ? Just forgot perhaps ?

    Much appreciated for your insight

    B


  • #8
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,450 Mod ✭✭✭✭DOCARCH


    BobbyBingo wrote: »
    Just forgot perhaps ?

    That's usually the case!

    Most will submit the exemption application with the planning application.


  • #9
    sydthebeat
    Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    DOCARCH wrote: »
    Anybody building a one off house (on land zoned for housing) needs to apply for exemption certificate.

    Also bear in mind that developers are also (usually) private individuals. :)

    just added in a little caveat there docarch ....


    part v applies to land zoned for housing only


  • #10
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,351 Mod ✭✭✭✭Gumbo


    DOCARCH wrote: »
    @ Kceire

    You may be mixing up with Section 5?

    Part V of the planning and development acts is in relation to the provision of social and affordable housing.

    If you are (a developer) building more than 4 houses, you are liable to provide a % of the houses you are building for social and affordable housing...or...provide a financial contribution in relation to same (to contribute to social and affordable housing elsewhere).

    If you building 4, or less, house (i.e. one house...which would include replacing an existing house) you have to apply for a certificate of exemption from the requirement to provide of social and affordable housing (Part V Application).

    Usually it's just a formality....filling out and submitting a form.

    100% correct, I am mixing this up :)
    BobbyBingo wrote: »
    That's brilliant - thanks a lot. Final question then - if everyone needs to apply for it, any reason that you can think of that they'd apply for it after submitting planning as opposed to with/before ? Just forgot perhaps ?

    Much appreciated for your insight

    B

    Most likely just forgot. Technically you need to lodge the application before or on the same day but if forgot about, the LA may call the developer and ask him to sort it out now.

    In DCC, if lodging online, then you need to apply before hand so you can put the ref number on the online form when submitting.


  • #11
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    DOCARCH wrote: »
    @ Kceire

    You may be mixing up with Section 5?

    Part V of the planning and development acts is in relation to the provision of social and affordable housing.

    If you are (a developer) building more than 4 houses, you are liable to provide a % of the houses you are building for social and affordable housing...or...provide a financial contribution in relation to same (to contribute to social and affordable housing elsewhere).

    If you building 4, or less, house (i.e. one house...which would include replacing an existing house) you have to apply for a certificate of exemption from the requirement to provide of social and affordable housing (Part V Application).

    Usually it's just a formality....filling out and submitting a form.

    Changed to up to 9 houses now.


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  • #12
    chippers
    Registered Users, Registered Users 2 Posts: 530 ✭✭✭chippers


    DOCARCH wrote: »
    @ Kceire

    You may be mixing up with Section 5?

    Part V of the planning and development acts is in relation to the provision of social and affordable housing.

    If you are (a developer) building more than 4 houses, you are liable to provide a % of the houses you are building for social and affordable housing...or...provide a financial contribution in relation to same (to contribute to social and affordable housing elsewhere).

    If you building 4, or less, house (i.e. one house...which would include replacing an existing house) you have to apply for a certificate of exemption from the requirement to provide of social and affordable housing (Part V Application).

    Usually it's just a formality....filling out and submitting a form.

    There has been a number of changes to Part V brought in under the Urban Regeneration and Housing Bill 2015. Part V now applies to 10 or more houses.


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