Vol. 521 No. 2
127 Mr. N. Ahern asked the Minister for the Environment and Local Government the exemption limit in 1988 for a single storey house extension to be built without planning permission; the way in which such an extension, built without by-law approval, can now be regularised; if any state agency arranges certificates of compliance; to whom and the way in which a householder should go about getting a duly authorised certificate. [16795/00]
In accordance with the planning regulations in force in 1988, any works for the provision of an extension to the rear of a dwelling house or the conversion for use as part of a dwelling house of any garage, store, shed or similar structure attached to the rear or to the side of the dwelling house where the height of any structural addition did not exceed that of the dwelling house and the original floor area of the dwelling house was not increased by more than 23 square metres, was considered exempted development for the purposes of the Planning Acts.
Planning law does not provide for certificates of compliance in relation to development which has been carried out. However, if it is considered that planning permission should have been required, a person may apply for retention permission from the relevant planning authority in respect of the development.
In relation to by-law approval, section 22(7) of the Building Control Act, 1990, provides that where any works to which by-laws applied were carried out prior to 13 December 1989, and any requirement of the by-laws concerned or any statutory requirement relating to the by-laws was not complied with, approval to the carrying out of the works shall have been deemed to have been granted, unless the building control authority had served on the owner of the works or other person concerned within six months of that Act becoming operative a notice stating that the works constituted a danger to public health or safety.
