Part V Planning Exemption Certificate

Local authorities may issue certificates of exemption, under Part 5 of the planning laws, to developers for smaller residential developments which are excluded from social and affordable housing requirements.

Section 97(3) of the Planning & Development Act, 2000 (as amended) states that stand alone developments involving the building of up to 4 houses, or development of housing on land of 0.1 hectares or less, will be exempt from the requirement to transfer lands to the Local Authority for social or affordable housing.  

To avail of this exemption, a person who wishes to obtain permission for the building of up to 4 houses, or for housing development on lands of 0.1 hectares or less, where either falls within the scope of Part V and the provisions of the Councils Housing Strategy, will have to obtain an Exemption Certificate in advance of applying for Planning Permission to the Planning Authority.  

A Section 97 Application Form should be completed and submitted to the Planning Authority to allow for an assessment tot be made on whether the Applicant is eligible for an Exemption Certificate.

Upon completion, the Application Form should be forwarded to: -

The Planning Department, Carlow County Council, County Buildings, Athy Road, Carlow. R93 E7R7.

Additional Information

A Section 97 Application Form must be accompanied by:

  1. A copy of an Ordnance Survey Map - Scale 1:1000 in built up areas, and 1:2500 in all other areas highlighting the following: -
  • The proposed development site outlined in red.
  • Land located 400 metres and/or less from the boundary of the proposed site must be outlined in blue.
  • If the area outlined in red contains parcels of land that have different owners and/or where different people or companies have an interest, the separate parcels of land should be outlined in green and labelled A, B, C, etc.
  1. A copy of the Land Registry entries of the proposed development land, showing the history of ownership, both current and during the preceding five years, or other suitable documentation proving ownership (i.e., copy of the deeds of sale)
  2. A Statutory Declaration Form, giving the information required under Section 97(5) of the Planning and Development Act 2000, as amended.