Garden Room 25m2 - Rental Query

Why does he need planning? It is the use not the size, right?

Building a detached, habitable dwelling in your garden will require planning.

You can (usually) build non habitable structures, without planning, provided they fulfill certain criteria - size etc...

"non habitable structure that's actually fully habitable"

So it's a habitable structure, which means you need planning.

Regardless, you'll have to register with your local authority if you want to rent out the room.

Why don't you do some research: https://www.hostaway.com/blog/airbnb-rules-in-ireland/#:~:text=General%20Regulations%20and%20Permissions,property%20or%20just%20a%20room.

It doesn't vary. It's statutory law, applies nationally.

If it was just for a pool table ie a games room, then it would not need planning. But that's not what it is for, so it needs planning.

The company fitting it are trying to sell you something, they've no interest be given you honest advice. The website of many of those companies blatantly lie about planning requirements.
You architect friend say it doesn't need planning despite it has a bedroom? I'd be wary about taking any advice from him in future. As he got something very basic, very wrong.

Lots of them around us being lived and being used for Airbnb.

They dont have planning but probably are supposed to. But nothing will ever come of the lack of planning anyway.

Look at the mansion in Meath that dont have planning. I dont think anything is going to happen to you for building a 25spm garden room that you can live in or rent.

I can tell you also that I have seen a few houses with these in the garden get sold in the last few years. They never caused an issue at all. One of them was a good friend buying a house with a garden room in it. Plumbing, electrics etc. It had been rented out before he bought the house.

Solicitor flagged it and told friend what the law was and did it bother him. He said no, i wont use it to live in (he has a mate living in it now). Solicitor said fine. Bank valuer didnt even mention it. Couldnt tell you how the other 2 I know went because i didnt know the buyers or the sellers, but they are still in the gardens.

It wont be compliant with planning requirements with your intended use and most likely not compliant with building regulations either.

You face two major issues:

1. Somebody complains to the council and you are forced to remove the structure. Complaints will likely come from a disgruntled neighbor or AirBnb guest. You will be out the cost of building the structure, removing it and any legal fees.
2. Somebody is injured while staying in the garden room, insurance most likely wont cover the new structure unless it is built to code and has planning permission.

A better use of the money you will spend on this garden structure is to invest it and help your children with a deposit in the future when the time comes round.

Heres a whole road of illegal structures that have people living in them. I know because i stayed in one of them through Airbnb and it turned out someone i went to school with owned one next door and told me all about it. Complaints sent in about them all the time. They've been there decades and they wont be going anytime in the next few decades either.

Ive seen lots and lots of this type of building and cabins in gardens all over the place.

https://www.google.ie/maps/@53.5271266,-6.0869582,3a,75y,350.29h,80.73t/data=!3m6!1e1!3m4!1sMkKvGKsMYT8DxJdz-AK7iw!2e0!7i16384!8i8192?entry=ttu

How many of these log cabins / garden rooms have been removed? How many people have been served notices?

That is supposed to have planning but noone cares. Seen that done loads of times too.

Ive no idea why you constantly post about this, that and the other having no planning permission. Thats not a response to the question asked. BorneTobeWilde asked if a particular structure required planning permission and yes would be the answer.

What about the 40 square meter exemption, is that purely the footprint, or the volume

You're talking about a detached block built shed? First of all the type of structure or materials used in construction isnt an issue. If its used for domestic purposes incidental to the main house then no planning is required if its under 25 sq. metres and is not used as habitable accommodation. 25 sq metres of open space must also be retained in order to leave it exempt from planning. The full list of conditions attached to that particular exemption can read here - see Class 3.

Have you checked the planning status of those buildings you linked to?

I had a look at the online planning portal and there are quite a few applications for holiday / mobile homes. You might be a bit speculative in this instance.

What did the solicitor say the cons of asking for one were? Seems like pretty bad advice to give up leverage like that.

As for the meath house, a few hunderd? LMFAO. You might want to google the case history. It's a lot of that the occasional ABP appeal.
They've been to the high court on more than a few occasions. Paying for solicitors, barristers etc. They've sank a lot. Plus the cost of the house. Currently it's worth zero. The high court has issue an order to demolish, they are clutching at straws at this stage.

We could be going around all day quoting the "rules". I thin everyone here knows that these habitable "garden rooms" are all over the place without planning and noone actually cares apart from the internet "oh you cant do that" finger waggers. But guess what? People are doing it and being allowed to do it.

If a landlord cant get someone who has wrecked their house and paid no rent out if the person refuses to cooperate, then the chances of getting someone to knock down their 25sqm "garden room" are slim to none. And the suppliers are going from strength to strength. Some are even offering them with solar panels now too.

" being allowed to do it"

Seriously? I think you just lost whatever little bit of credibility you had with that comment.

I think we all know what the OP is asking. Its not like its not clear or anything.

So if you checked them then point them all out and link to the planning for each one then?

Im sure the odd one has planning but most of them certainly do not.

Or are you just wagging the finger again?

Next you'll be telling us you checked the planning for all the "garden rooms" people are living in all over the place and they have planning too.

So, what happens with property tax. Are they not separate properties? Will revenue look for a chunk of tax and fines down the line? Still be cheaper than renting elsewhere.

For it to be exempt a flat roof cannot exceed 3 metres in height. A pitched roof can go up to 4 metres high while retaining the exemption.

Ah well I done that to a block shed 11 years ago, not with the intention of trying to avoid rules, it was needing a new roof, so decided to build walls up higher, and create a flat foot, as to have more volume. I never heard anything about it being rule breaking.

You might be able to let it out as an office or artists studio or for people to use for games as long as they don't stay overnight.

What would you estimate the chances of repercussions if they didnt get planning or register it?

I would say zero chance of repercussions.

Much like if before 2015 you committed the crime of Blasphemy. Nothing would happen to you.