Can Garden Structures such as a home office be used as a living space?

In Ireland, garden structures like sheds, home offices, or studios can be built without planning permission under exempted development rulesbut they cannot be considered habitable spaces without proper approvals. Here’s a breakdown:

What is Allowed Under Exempted Development for Garden Structures?

You can construct a garden structure without planning permission if it meets these key conditions:

  1. Size Limit: Maximum floor area of 25m² (combined for all exempt structures).
  2. Height Restriction:
    • Flat Roof: Maximum 3m high.
    • Pitched Roof: Maximum 4m high.
  3. Usage: Must be for incidental use (e.g., storage, home office, gym).
  4. Location: Must be behind the front wall of the house (typically the back garden).
  5. Open Space: At least 25m² of garden space must remain after the structure is built.

Can You Use a Garden Structure as a Habitable Space?

No—under current exempted development rules, garden structures cannot be used for permanent living accommodation (e.g., bedrooms, kitchens, or full-time residential use).

If you want to create a habitable garden structure (like a granny flat or guest house), currently you will need to:

  • Apply for Planning Permission – Formal approval is required for any structure intended for sleeping, cooking, or independent living.
  • Comply with Building Regulations – Including insulation, fire safety, ventilation, and structural integrity.

However, there are reports in the news about proposed changes to the planning process currently going through government prior to public consultation, which may lead to a relaxation of rules with regards free standing cabins and modular homes in back gardens. This *could* mean that separate dwellings up to 40msq may be permitted under exemption rules but still require adherence with Building Regulations.

Considerations for Garden Rooms & Home Offices:

  • Home Offices – These are usually exempt if they meet size rules and are used occasionally. Regular client visits or business operations may require planning permission.
  • Utility Connections – Plumbing, drainage, and electricity should comply with Building Regulations, even if the structure is exempt.
  • Future Use & Property Value – Unauthorized habitable spaces could impact property resale or cause legal issues.

When in doubt, consult your local authority for clarification or a Section 5 declaration to confirm if your project is exempt.

If you are considering a dual purpose living space, home office / spare room or teenager den for your garden we would love to hear from you and see how we can help develop your project fully. Please do get in touch.

Featured photo by Atle Mo on Unsplash

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One Comment

  1. There has been an update to the news on this development saying that proposed changes will only come into effect for large gardens.

    This makes sense as you do need to retain a modicum of balance between meeting needs and over development of urban spaces.

    https://m.independent.ie/irish-news/builds-of-modular-units-without-planning-permission-will-be-limited-to-big-gardens-under-proposed-new-rules/a1553124761.html?fbclid=IwY2xjawIpei5leHRuA2FlbQIxMQABHZtDpXVluiL-y24Lw9zrAZfGWVdkr6bWwAAA9wxIqvJkZwKaj90MTTZktA_aem_0meUsM-ruDi73VZGnD1RLA#28ipy9w8jffuah96undw082gakdint1t

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