The Planning and Development Acts, 2000 and 2001 and the Planning and Development Regulations, 2001 and 2002 are the pieces of legislation relevant to protected structures. This FAQ page is a guide to understanding the protection of structures of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.
These FAQs are intended as a practical guide. They are not a definitive legal interpretation of planning law. For further information, consult Cork County Council Planning Department.
- What laws are there in relation to the preservation of historic buildings?
- What is a protected structure?
- What parts of a protected structure must be preserved?
- How does a structure become a protected structure?
- What obligations fall on owners and occupiers to ensure the preservation of protected structures?
- Can I carry out development to a protected structure without planning permission?
- How does an owner or occupier know which works require planning permission?
- How is a declaration issued?
- How does an owner or occupier apply for planning permission to carry out works to a protected structure?
- Are there any measures in place to assist owners and occupiers to preserve a protected structure?
- Do planning authorities have special powers in relation to protected structures?
- What is an architectural conservation area?
- Are there penalties for causing damage to protected structures?
The law in relation to this area is set out in the Planning and Development Acts, 2000 and 2001 and the Planning and Development Regulations, 2001 and 2002. New arrangements came into operation on 1 January 2000, which replaced the system of listing buildings with strengthened procedures for the preservation of protected structures and structures in architectural conservation areas.
Certain historic structures are protected under the National Monuments Acts, 1930-1994.
A protected structure is a structure or a part of a structure that a planning authority considers to be of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view. Details of protected structures are entered by the authority in its Record of Protected Structures, which is part of the Development Plan.
The owner and/or occupier of a protected structure is legally obliged to ensure that no danger is cased to the structure. This obligation applies from the time when an owner or occupier is notified of a proposal to include a structure in the Record of Protected Structures. At this time, the structure becomes a 'proposed protected structure'.
The obligation to preserve a protected structure applies initially to all parts of the structure. This includes the interior, all land around it, and any other structures, and their interiors, on that land. This obligation also applies to any exterior or interior fixtures and fittings of a protected structure, or of any structure on land immediately within its cartilage.
If a declaration is sought, the planning authority can clarify which, if any, parts of the structure or its surrounding cartilage are not of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, and do not require special protection.
A structure becomes protected when it is included in the Record of Protected Structures compiled by the planning authority. You should check with your planning authority if you would like to know whether a structure is protected or proposed for protection.
A planning authority must follow certain procedures if it wishes to deem a structure to be protected. These involve:
- Notifying the owners and occupiers of the structure and certain interested bodies of the proposal.
- Notifying the public by means of a newspaper advertisement.
The owner or occupier of the structure is entitled to comment to the authority on the proposal, as are members of the public. These comments are taken into account before the planning authority's elected members decide whether or not the structure should become protected.
An owner or occupier of a protected structure must ensure that neither the structure nor any element of it is endangered. Endangering a structure may mean:
- Directly or indirectly damaging the structure, or any element of it.
- Neglecting the structure to such an extent that it is damaged.
Under the planning system, many minor works to structures do not normally require planning permission. These works are known as exempted developments. However, for a protected structure, such works can be carried out without planning permission only if they would not affect the character of the structure, or any element of the structure that contributes to its special interest.
You may seek declaration from the planning authority as to the type of works that would or would not materially affect the character of the structure, and which would or would not require planning permission. See How does an owner or occupier know which works require planning permission? .
In the case of some structures where the decorative condition is of special interest, planning permission could be required for interior decorating, such as plastering or painting.
An owner or occupier of a protected structure may request a declaration from the planning authority regarding the structure and its curtilage. This will indicate the types of works that can be carried out without affecting any element of the protected structure that contributes to its special architectural historical, archaeological, artistic, cultural, scientific, social and technical interest, and those works that cannot.
Works that are normally exempt and do not affect the character of the structure do not require planning permission. However, owners or occupiers who carry out such works without a specific exemption in a declaration from the planning authority do so at their own risk. An owner or occupier may request a declaration from the planning authority at any time, even when not works are contemplated.
A declaration is issued to the owner or occupier of a protected structure free of charge on application. A local planning authority will issue such a declaration within12 weeks of receiving a request. It will be necessary for an official from the authority to carry out a detailed inspection of the structure. The applicant may be asked to state the extent of the property in their control, and to submit a map or drawing outlining this.
Declarations are available to the public at local planning offices, but no information of a sensitive nature is included in the records made available to the public.
Planning applications for protected structures are made in the same way as for any other planning application. However, a planning application for works to a protected structure will generally require more detail. This is because of the sensitivity of most protected structures to inappropriate works. The relevant newspaper and site notice for the application must indicate that it relates to a protected structure. Additional information on how the proposed development would affected the character of the structure must be submitted with the application. The local authority will notify other interested bodies, including Dúchas, the Heritage Council and An Taisce, before making a decision.
Yes. A grants scheme is operated by county and borough councils to assist owners or occupiers of protected structures to undertake necessary works to secure their conservation.
The standard amount of the grant is 50% of the approved cost of works, up to a maximum of €13,000. A planning authority may vary this amount downwards, or upwards in exceptional circumstances, subject to a maximum allowable grant of 75% of the approved cost of works or to €25,000, whichever is the lesser. Any grant greater than €13,000 requires the prior approval of the Department of the Environment and Local Government.
Full details of the grant scheme are available by clicking here.
Yes. A planning authority has the following powers:
- A planning authority may require an owner or occupier of a protected structure to carry out works if it considers that the structure is, or may become, endangered. Where this occurs, the owner or occupier concerned may be eligible for financial assistance from the planning authority.
- A planning authority may require an owner or occupier of a protected structure to carry out works if it considers that the character of the structure ought to be restored. In certain circumstances, the planning authority will pay the reasonable expenses of carrying out the works required.
- A planning authority may acquire a protected structure, by agreement or compulsorily, if it considers that this is desirable or necessary in relation to the protection of the structure. Where this occurs compulsorily, compensation equal to the value of the structure may be payable.
An architectural conservation area is a place, area, group of structures or townscape that is either of special architectural, historical archaeological, artistic, cultural, scientific, social or technical interest, or which contributes to the appreciation of protected structures. This could include a terrace of houses, buildings surrounding a palace, or any group of buildings that together give a special character to an area.
In a rural setting, an architectural conservation area could include a group of structures associated with a mill or with a country house estate. An architectural conservation area can also include protected structures.
A planning authority, in its development plan, may designate an area as an architectural conservation area, to ensure that its character is preserved. Planning permission is normally required before works can be carried out to the exterior of a structure in an architectural conservation area.
A planning application involving a structure in an architectural conservation area is generally made in the same way as any other planning application. The newspaper and site notice must indicate that the planning application relates to a structure in an architectural conservation area. Additional information on how the proposed development will affect the character of that area must be submitted with the application. The planning authority will notify other interested bodies, including Dúchas, the Heritage Council and An Taisce, before making a decision on the application.
It may be advisable to consult with your planning authority in advance of applying for permission for development, to ensure that your application is complete.
Yes. Any person who damages a protected structure or proposed protected structure commits an offence. It is also an offence to undertake any work to a protected structure that requires planning permission, without obtaining that permission.
