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Advice on planning exemption

  • 09-04-2021 12:45pm
    #1
    Registered Users, Registered Users 2 Posts: 155 ✭✭


    Hi All;

    I need to get a section 5 planning exemption, all I am doing is replacing a double kitchen window with French door opening to the garden.
    (although I own the home, an exemption is required to get approval on the alteration from the Owners Management Company)

    As per the application form I need to provide scaled floor plans and elevations, any ideas as to the level of detail expected. I am hoping to use an online freelance service such as fiverr rather than pay an architect firm alot of money for surveys etc.

    Any advice on a planning exemptions and the expectations from SDCC to get it approved is appreciated.


Comments

  • Moderators, Society & Culture Moderators Posts: 40,337 Mod ✭✭✭✭Gumbo


    sheriff2 wrote: »
    Hi All;

    I need to get a section 5 planning exemption, all I am doing is replacing a double kitchen window with French door opening to the garden.
    (although I own the home, an exemption is required to get approval on the alteration from the Owners Management Company)

    As per the application form I need to provide scaled floor plans and elevations, any ideas as to the level of detail expected. I am hoping to use an online freelance service such as fiverr rather than pay an architect firm alot of money for surveys etc.

    Any advice on a planning exemptions and the expectations from SDCC to get it approved is appreciated.

    Somebody has I’ll advised you.
    SDCC won’t give you an exemption.

    A Section 5 application is an application asking the council if the works as described constitute development and therefore planning is required.

    SDCC will tell you if it requires planning or not.

    From there you engage someone to apply for planning or to issue a certificate of compliance with the exempted development regulations.

    How you expect someone from fiverr to do this without a site survey is beyond me?

    Also, OMC shouldn’t be involved in private dwellings and works into a private rear garden.
    Is this a house or a an apartment block?


  • Registered Users, Registered Users 2 Posts: 155 ✭✭sheriff2


    Gumbo wrote: »

    Also, OMC shouldn’t be involved in private dwellings and works into a private rear garden.
    Is this a house or a an apartment block?

    Its a private development I was told by the management company that "An exemption certification to confirm that no planning permission is required from South Dublin County Council is also required in order for the Management Company to grant permission."

    To get the certificate I need to complete a section 5 Declaration of Exemption Form.

    How you expect someone from fiverr to do this without a site survey is beyond me?

    I am basically replacing a window with a door, so wouldn't have taught it requires a high level of detail. My neighbour recently got an exemption for other works, attic conversion etc so I was copying their elevations, plus floor plans are online for the layout of the ground floor of the house.

    An initial consultation with an architect is €200, so id imagine for them to do the exemption package could cost close to €1000.

    Other option is to do the works with out the exemption certificate and worry about it further down the line


  • Registered Users, Registered Users 2 Posts: 155 ✭✭sheriff2


    so i guess a follow up question is, do I need to employ an architect for a planning exemption or could it be achieved without one..


  • Moderators, Society & Culture Moderators Posts: 40,337 Mod ✭✭✭✭Gumbo


    sheriff2 wrote: »
    Its a private development I was told by the management company that "An exemption certification to confirm that no planning permission is required from South Dublin County Council is also required in order for the Management Company to grant permission."

    To get the certificate I need to complete a section 5 Declaration of Exemption Form.

    How you expect someone from fiverr to do this without a site survey is beyond me?

    I am basically replacing a window with a door, so wouldn't have taught it requires a high level of detail. My neighbour recently got an exemption for other works, attic conversion etc so I was copying their elevations, plus floor plans are online for the layout of the ground floor of the house.

    An initial consultation with an architect is €200, so id imagine for them to do the exemption package could cost close to €1000.

    Other option is to do the works with out the exemption certificate and worry about it further down the line
    sheriff2 wrote: »
    so i guess a follow up question is, do I need to employ an architect for a planning exemption or could it be achieved without one..

    You don’t need t go near SDCC. They won’t give you an exemption.
    An architect/engineer/surveyor will give you an opinion of compliance with the exempted development regulations.

    I still don’t understand how an OMC can dictate what you do within your own dwelling.


  • Registered Users, Registered Users 2 Posts: 155 ✭✭sheriff2


    Thanks, I will contact some architects Monday
    Gumbo wrote: »
    I still don’t understand how an OMC can dictate what you do within your own dwelling.

    I know its a joke, but the deeds list the OMC and basically tell me that i need permission from them for any alteration.

    Reading the below it seems all multi unit developments require an OMC

    https://www.ccpc.ie/consumers/housing/apartments-and-duplexes/owners-management-companies/


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  • Registered Users, Registered Users 2 Posts: 155 ✭✭sheriff2


    Thanks Gumbo;

    I do appreciate the comments, a quick google and I have found companies that will do the opinion of compliance for €310. snip/


  • Moderators, Society & Culture Moderators Posts: 40,337 Mod ✭✭✭✭Gumbo


    sheriff2 wrote: »
    Thanks, I will contact some architects Monday



    I know its a joke, but the deeds list the OMC and basically tell me that i need permission from them for any alteration.

    Reading the below it seems all multi unit developments require an OMC

    https://www.ccpc.ie/consumers/housing/apartments-and-duplexes/owners-management-companies/

    Hang on. I asked already if this is a house or an apartment block?
    A multi unit development is typically apartments.

    What do you live in?


  • Registered Users, Registered Users 2 Posts: 155 ✭✭sheriff2


    Gumbo wrote: »
    Hang on. I asked already if this is a house or an apartment block?
    A multi unit development is typically apartments.

    What do you live in?

    House


  • Registered Users, Registered Users 2 Posts: 46,542 ✭✭✭✭muffler


    Would the Section 5 declaration not suffice instead of a cert of compliance?


  • Registered Users, Registered Users 2 Posts: 155 ✭✭sheriff2


    muffler wrote: »
    Would the Section 5 declaration not suffice instead of a cert of compliance?

    To complete the section 5 required - Site location plan & Site layout plus proposed Floor plans and elevations. I would have needed an architect to do this, and could have cost close to €1000

    I spoke with a company earlier that will provide me with an exemption letter now, then they will review the work after it done and provide a exemption certification - cost €310.


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  • Registered Users, Registered Users 2 Posts: 14 murt75


    SDCC will tell you, through a Section 5 application, if it is development or not, and if it is development whether it is exempt development or not, you will get a Declaration stating this.


  • Moderators, Society & Culture Moderators Posts: 40,337 Mod ✭✭✭✭Gumbo


    murt75 wrote: »
    SDCC will tell you, through a Section 5 application, if it is development or not, and if it is development whether it is exempt development or not, you will get a Declaration stating this.

    All councils will provide this but it’s not a certificate of compliance with the exempted development regulations and wouldn’t suffice for a sale.


  • Subscribers Posts: 42,165 ✭✭✭✭sydthebeat


    murt75 wrote: »
    SDCC will tell you, through a Section 5 application, if it is development or not, and if it is development whether it is exempt development or not, you will get a Declaration stating this.

    section 5s are granted to drawings

    certs of exemption are granted to buildings


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