Example Opinion on Compliance with Exemption from Planning Control

FJMC · 27-04-2023 06:51PM #1

Is there anywhere where you can view a completed example copy or specimen copy of an OoC with Exemption from Planning?

Just wanted to check the wording / description on the exemption example if the typical form makes a lot of references to relevant documents, planning orders and conditions which would not be relevant for exemption.

Thanks.

muffler · 27-04-2023 07:47PM

Im not sure if the professional bodies keep a standard template but I had always used my own wording over the years although I probably got the basis for it from some other cert back a long time ago.

FJMC · 27-04-2023 09:43PM

Thanks.

I think architects and others have a standard form - seen an example online for opinion for compliance with planning permission - but wanted to see one for compliance for exempted development - just trying to understand the difference of what each says and what the various qualifications, caveats, etc. are.

sydthebeat · 28-04-2023 09:35AM

for section 5 declarations, there are loads here

https://www.wicklow.ie/Living/Services/Planning/Planning-Applications/Exempted-Development/Section-5-Declarations-Issued

for private Opinions on compliance, individual professional would have their own wording that is preferably not to be shared on the internet

mickdw · 28-04-2023 09:48AM

Would sometimes be issued as part of a cert of compliance for the property also just using an additional point to reference exempt extension.

To me this makes most sense to me in situations where there is planning in place for the original property as nobody has any business certifying exemption in a case where there is any question over the planning status of the original property.

FJMC · 02-05-2023 11:45AM

Thanks.

There are examples on the internet for OoC with Planning Permission - both blank templates and completed examples - but not Exempted Development.

I just wanted to compare the two - Permission and Exempt.

Sharing things on the internet is how a lot of information is exchanged - I don't see a problem with that - provided personal information is withheld.

F

muffler · 02-05-2023 11:52AM

https://www.boards.ie/discussion/comment/120545862#Comment_120545862

Is this for your own use? Are you just starting out in the businesses or just curious?

sydthebeat · 02-05-2023 11:57AM

https://www.boards.ie/discussion/comment/120545862#Comment_120545862

the wording of such certification can be developed over years from communications from different solicitors, making it quite specific to the provider of the certification, so some professionals may not be quick to share.

also, as members of professional bodies, examples may be provided by their specific professional body

for example RIAI opinion on planing compliance is 6 pages long.

some good information here, specifically section 7.46

07-34.pdf

Penn · 02-05-2023 11:58AM

https://www.boards.ie/discussion/comment/120545862#Comment_120545862

In a lot of cases, the Opinion on Compliance with Planning Permission is the document which would be used, as you're certifying that it complies with Planning Permission by being an Exempted Development (ie. it complies with planning permission regulations because you're certifying that in accordance with those regulations, planning permission isn't required for the works).

FJMC · 02-05-2023 12:00PM

No not for own use.

In the business but not starting out!

I have used OoC before but a question came up about a hypothetical situation RE exempted development and the forms didn't seem to be particularly in tune with that situation - so I was trying to develop a little bit of knowledge on it - but thought available information was a little lacking!

F

sydthebeat · 02-05-2023 12:12PM

https://www.boards.ie/discussion/comment/120545912#Comment_120545912

what is the hypothetical situation?

its always good to thrash things out with others to see what different points of view there are

muffler · 02-05-2023 12:26PM

https://www.boards.ie/discussion/comment/120545952#Comment_120545952

Or to get a good argument going!!!

muffler · 02-05-2023 12:28PM

https://www.boards.ie/discussion/comment/120545902#Comment_120545902

Never seen that before.

FJMC · 02-05-2023 12:31PM

Hypothetical situation is just that - exempted development - rather than planning permission - but references on form are very much geared towards planning permission situations - Planning Orders, Relevant Documents, Conditions, etc.

F

FJMC · 02-05-2023 12:49PM

Thanks for the Law Society information. I had a cursory look at this previously but thought it had been superseded.

I'll have a more thorough look as it may still give a good indication of considerations.

Thanks

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Penn · 02-05-2023 12:51PM

https://www.boards.ie/discussion/comment/120546014#Comment_120546014

Ultimately that's what certifying Exempted Development is; the rules for exempted development are part of the planning & development act, and so you're certifying that it's in compliance with planning rules as it doesn't require planning under the conditions of the planning rules.

A bit of a circular argument I guess, but it was always accepted and never questioned. We used the standard (at the time anyway) Engineers Ireland Opinion on Compliance form.

mickdw · 04-05-2023 10:18AM

I believe the Engineers Ireland form had a standard section re Exempted Development so was useful.

Mellor · 09-05-2023 04:02PM

https://www.boards.ie/discussion/comment/120546089#Comment_120546089

You could offer an opinion that it was in accordance with P&D Act. I don't think you could certify that it was.

part V declaration would be a bit more common I'd expect.

Oneplus · 05-06-2025 10:02AM

Does an individual have to be chartered to supply an opinion of exemption to planning permission and opinion on building regulations?

Or can a member any engineer / member of engineers Ireland provide these certs.

muffler · 05-06-2025 10:24AM

https://www.boards.ie/discussion/comment/123516588#Comment_123516588

What's the context? Existing house with extension for sale? New extension under construction or near completion?

Oneplus · 05-06-2025 10:35AM

Sorry, house is to be sold. existing house built pre 1964 stone wall with an extension to the rear and front. There is an extension to the rear less than 40m2. Porch extension to the front. No real planning details with titles of house only a declaration from previous owner stating dwelling was built pre 1964, but the extensions are built since 2010.

I need to engage an engineer or surveyor and want to know if chartership is required or if an individual with a b.eng and professional indemnity will suffice.

Is a particular document used or just a headed letter from the engineer?

muffler · 05-06-2025 10:59AM

The architect, engineer, building surveyor or technician just need their PI cover up to date. Solicitors normally look for certification from someone in private practice for 10 years or more. I have read of a couple of occasions where a Section 5 declaration from the Council was required in place of the private opinions/certs but your solicitor may better advise.

Mellor · 10-06-2025 12:40PM

https://www.boards.ie/discussion/comment/123516588#Comment_123516588

They need to be an appropriate professional, and have PI that covers opinions on planning and the like.
Chartership is not not typically a factor.

https://www.boards.ie/discussion/comment/123516694#Comment_123516694

Agree with Muffler above. The persons professional experience is more important than the letters after their name. And by that I means experience specifically in residential planning, design and construction.

Somebody could be a Charter, lifetime fellow, Director of structural engineering with a top engineering firm - and I wouldn't expect him to have a clue about exempt development.

Example Opinion on Compliance with Exemption from Planning Control

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