New planning permission exemptions for rooftop solar panels on homes and other buildings in Fingal

 

• Houses in Fingal, may now install unlimited solar panels on their rooftops without any requirement for planning permission (subject to certain conditions)

• Exemptions also apply to rooftops of industrial buildings, business premises, community and educational buildings, places of worship, health buildings, libraries, certain public utility sites and farms.
• Certain restrictions continue to apply, including developments near Dublin Airport, protected structures and Architectural Conservation Areas.

 
The Minister for Housing, Local Government and Heritage, and local Fingal TD Darragh O’Brien, has signed into law revised planning exemptions for the installation of solar panels on the rooftops of houses and certain non-domestic buildings.  The exemptions are aimed at increasing Ireland’s generation of solar energy and combating climate change. The changes take immediate effect.
 
These regulations aim to bring Ireland into line with the EU’s Solar Rooftops Initiative by making permitting procedures for installing solar on rooftops shorter and simpler. It supports a target of installing up to 380MW (approximately 1 million solar panels) of microgeneration capacity as part of Ireland’s overall solar targets under the Government’s Climate Action Plan. This would generate over 300 GWh of renewable electricity per annum, with the potential to abate 1.4 million tonnes of CO2eq over the lifetime of the installations. 
 
Commenting on the regulations, Minister O’Brien said, “With these new exemptions we are removing barriers and ensuring that individuals, communities, businesses and farms in Fingal can generate their own electricity, reduce their own bills and play their part in creating a zero-carbon future fuelled by renewable energy. These changes will facilitate the rollout of rooftop solar panels across Fingal and, coupled with the Government-supported SEAI Solar PV grant, will see more people install solar panels across the county. This has the added benefit of increasing Ireland’s energy security, a major challenge given current energy pressures. These regulations implement an important commitment in the Programme for Government and will help Ireland meet the Government’s Climate Action Plan targets.
 
“Houses, regardless of location in Fingal, will now be able to have solar panels installed on their roofs without any requirement for planning permission, which I know will be very welcome to many homeowners in the county.  The new exemptions for educational, community and religious buildings will also give institutions such as schools greater opportunity to reduce their energy bills. They will also provide new financial and climate-related opportunities for farmers, underpinned by available grants.
 
“While buildings and areas of architectural heritage significance in Fingal have a role to play in meeting our renewable energy ambition, it is important that we ensure sufficient safeguards for our protected structures and architectural conservation areas from inappropriate development. I am satisfied that these amendments as well as the existing safeguards in the Planning Act and Regulations provide the necessary safeguards. In most instances, a case-by-case assessment by the relevant planning authority will be necessary to ensure that solar development does not materially affect the character of our protected structures and Architectural Conservation Areas.”
 
Under the revised regulations the following is now allowed:

1. For solar panel installations on houses in Fingal: there is no limit to the area of solar panels which can be installed on rooftops of homes, anywhere in the country. Solar installations will be able to cover the entire roof of a house. The 12sqm/ 50% roof limit which previously applied to houses has been removed nationwide.
2. For solar panel installations on rooftops of all other existing classes of development (Industrial; Light Industrial and Business Premises; Agricultural) in Fingal: rooftop solar installations covering the entire roof are exempt from requiring planning permission. However, in the 43 designated Solar Safeguarding Zones, a rooftop limit remains. Solar Safeguarding Zones are areas where rooftop limitations on solar panel installations apply, to mitigate the potential impact of glint and glare near airports, aerodromes and other sites with helipads like hospitals. The existing exemption of 50 square metres or less for the entire development has been increased to a rooftop limit of 300 square metres.

 

1. Apartments; educational building/ health centre or hospital/ recreational or sports facility/ place of worship/ community facility or centre/ library/ certain public utility sites in Fingal: exemptions have been introduced for the first time for the installation of solar panels on the rooftops of such buildings, subject to conditions and limitations and the rooftop area limit in solar safeguarding zones where applicable. 
2. Exemptions for wall-mounted and free-standing solar panel installations in Fingal: free-standing solar panel installations for houses are exempted from the requirement to obtain planning permission subject to a 25 square metre area limit and conditions requiring a certain amount of private open space to be maintained for the use of occupants. The exempted area for all other categories except apartments is increased to 75 square metres.  In addition, wall mounted solar installations of 75 square metres are exempted for industrial and agricultural.

Exemptions in relation to installations under points  1,  2 and 3 above are subject to, among other things, minor setback distances from the edge of the roof. Points 1-4 above are also subject to general restrictions on exempted development including those regarding protected structures and Architectural Conservation Areas. 
 
Copies of the Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 and the supporting Planning and Development (Solar Safeguarding Zone) Regulations 2022 will be available on the Irish Statute Book website. The Solar Safeguarding Zones are also available for viewing on the myplan.ie