Advertisement
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.
Hi all, please see this major site announcement: https://www.boards.ie/discussion/2058427594/boards-ie-2026

Section 97 Exemption For One Off House?

  • 25-05-2021 09:12PM
    #1
    what?yeah
    Registered Users, Registered Users 2 Posts: 9 ✭


    We’ve recently applied to the council to build a house on a small plot of land (0.01 hectares). The council said our application was invalid and we needed to supply a section 97 exemption certificate (eg a cert from the council saying we don’t have to build any social housing!)

    Is this normal? I would have thought only developers building a house/s to sell would need to provide this. Our architect and people we talk to seem baffled by the ask.

    What are our options? Should we go back to the council and explain we are not developers and re-apply or is our only option to get a solicitor and start the process of getting a section 97 exemption. This seems time consuming, expensive, and unnecessary.

    Edit: The land is a subdivision of my parents house which we/they have lived in for 30 years. Does this make a difference in whether we need a section 97 exemption.


Comments

  • #2
    muffler
    Registered Users, Registered Users 2 Posts: 47,487 ✭✭✭✭muffler


    First of all the legal doc is here

    You are obviously in an area that is zoned residential hence the S97 issue. You should be able to submit the application yourself. Check with your local planning office first but you should be able to submit the S97 and the planning application together. Regarding a declaration from yourself your architect should have a template but if not consult with the planning dept.


  • #3
    what?yeah
    Registered Users, Registered Users 2 Posts: 9 ✭what?yeah


    muffler wrote: »

    You are obviously in an area that is zoned residential hence the S97 issue. You should be able to submit the application yourself. Check with your local planning office first but you should be able to submit the S97 and the planning application together. Regarding a declaration from yourself your architect should have a template but if not consult with the planning dept.

    Thanks for the details. So this is standard procedure then? Should this have come up in pre-planning?

    My architect deals with the council regularly, and in his opinion, this was not expected.

    Edit: the land is zoned existing residential / infill


  • #4
    sydthebeat
    Subscribers, Paid Member Posts: 44,928 ✭✭✭✭sydthebeat


    what?yeah wrote: »
    Thanks for the details. So this is standard procedure then? Should this have come up in pre-planning?

    My architect deals with the council regularly, and in his opinion, this was not expected.

    Edit: the land is zoned existing residential / infill

    This is standard for every piece of land in the country that is zoned as 'residential'

    its surprising the architect didnt expect it, if he has experience with your type of application (maybe he doesnt)


  • #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 42,155 Mod ✭✭✭✭Gumbo


    what?yeah wrote: »
    Thanks for the details. So this is standard procedure then? Should this have come up in pre-planning?

    My architect deals with the council regularly, and in his opinion, this was not expected.

    Edit: the land is zoned existing residential / infill

    This is standard for every one off in the country. Even corner site developments in Dublin etc

    I’m sorry, but your architect should have known about it. It’s a dedicated question on the application form. You then back it up with a separate application, declaration and OSi Maps.


Advertisement
Advertisement