Solar Panel Exemptions

19/10/2022

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Substantial changes to the existing planning exemption thresholds for solar panels are now available as a result of the introduction of new planning legislation. The clear policy consideration behind the exemptions is the aim to increase Ireland’s generation of solar energy collection, and to assist in the move away from electricity and heat generation through the burning of fossil fuels, in an effort to combat climate change.

New Legislation

The Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 (S.I. 493 of 2022) and the supporting Planning and Development (Solar Safeguarding Zone) Regulations 2022 (S.I. 492 of 2022) came into effect on 5 October 2022. These two regulations contain the most recent provisions regarding planning exemptions for solar panel installations.

The Planning and Development Regulations 2001 (S.I. No. 600 of 2001) are amended by S.I. 493 of 2022 by way of an amendment to the Exempted Development provisions in Schedule 2, which amendment sets out the exemptions from planning permission for the installation of solar panels on houses and other buildings and also sets out the conditions and limitations which apply.

S.I. No. 492 of 2022 sets out details of 43 Solar Safeguarding Zones ("SSZs") by reference to detailed descriptions of each of areas in the 43 SSZs which descriptions are cross referenced to maps included in the Regulations.

New Classes of Exemptions

Solar Panel Installations on Houses

The previous exemption limitation on the installation of solar panels measuring 12sqm or 50% of the total roof area of a house (whichever was the lesser) has now been removed and it is now possible to install an unlimited area of solar panels on roofs of houses (or within the curtilage of a house, or on a roof of any ancillary buildings within the curtilage of a house) but the installation is subject to 9 conditions and limitations.

The ability to install unlimited solar panels on roofs or on the curtilage of a house (subject to compliance with the conditions and limitations) applies regardless of whether the house is located within or outside of an SSZ.

Solar panel Installations on rooftops of other Premises

Industrial Buildings

The installation of solar panels on an industrial building or on a roof or wall of any ancillary building within the curtilage of an industrial building is an exempted development but the development is now subject to 18 conditions and limitations. There were only 7 conditions and limitations in the previous legislation. Condition 1 is particularly noteworthy in that it provides that where the installation of the solar panels on industrial buildings (taken together with any other solar panels previously placed on the roof) is located within an SSZ, the installation cannot exceed 300 square metres. Condition 17 is also noteworthy in that the installation of the solar panels is only exempted development where the panels are primarily used for the provision of electricity or heating for use within the curtilage of the industrial building. Moreover, the installation of solar panels which causes a hazardous glint and/ or glare is not exempted developments. Other conditions relate to matters such as the limitation on the distance between the solar panel and the plane and edge of the roof. The installation of solar panels on rooftops of other types of premises referred to below are subject to similar type conditions and limitations.

Business Premises or Light Industrial Buildings

The installation of solar panels on the roof of a business premises or light industrial buildings (or within the curtilage of such a building or on the roof of any ancillary buildings within the curtilage of a business premises or light industrial building) continues to be an exempted development and is now subject to 16 conditions and limitations to include the measurement of the solar panels (taken together with any panels previously installed on the roof) being capped at 300 square metres, if the installation of the solar panels is located within a SSZ.

Apartments

A new class of exempted development dealing with the installation of solar panels on apartment buildings (or on the roof of any ancillary buildings within the curtilage) has been introduced subject to compliance with 11 conditions and limitations. Again, if the installation of the solar panels is located within a SSZ then the measurement of the solar panels (taken together with any panels previously installed on a roof) must not exceed 300 square metres.

Miscellaneous Buildings

Another new class of exempted development dealing with the installation of solar panels on various other types of buildings or within their respective curtilages has been introduced. These exemptions relate to the installation of solar panels on: -

educational buildings,
health centres or hospitals,
recreational or sports facilities,
places of worship, community facilities or centres,
libraries and
certain sites for the provision of utilities.

However, the exempted developments are subject to 15 conditions and limitations, to include the measurement of the solar panels (taken together with any panels previously in installed on the roof) not exceeding 300 square metres in the event that the installation is within a SSZ.

Agricultural Structures

The installation of solar panels on a roof or wall of an agricultural structure, or within the curtilage of an agricultural holding, or on a roof or wall of any ancillary buildings within the curtilage of an agricultural holding continues to be an exempted development but any such development is now subject to 18 conditions and limitations. Again, the limitation on the measurement of the solar panels (taken together with any panels previously in installed on the roof) not exceeding 300 square metres in the event that the installation is within a SSZ, applies.

Free-standing Solar

Of note, the placing of free-standing solar panels is permitted to varying degrees within the curtilage of a house or buildings, but subject to restrictions on location (typically not permitted to be placed forward of the front wall of the house or building), height (typically <2.5m above ground), total aperture not >25sm and so long as it does not reduce the remaining area of private open space in the case of houses to <25sqm. Free-standing solar arrays for houses with a total aperture of >25sqm and free-standing solar arrays for other buildings set out in the regulations with a total aperture >75sqm (taken together with any existing free-standing solar arrays) will generally require planning permission.

SSZs

The SSZs are applicable to all classes of development involving the installation of solar panels (other than a house) and therefore the limitation of 300 square metres on the size of solar panels installed on those other premises located in a SSZ, applies. We note that many of the SSZ's are located around airports, and so we surmise that the limitation on the area of solar panels here is due to aviation safety considerations. Planning permission should be obtained for the proposed installation of solar panels larger than 300 square metres in SSZs. However, an unlimited area of rooftop solar panels can be installed on any premises outside of an SSZ subject to certain conditions and limitations as set out in the amendments (contained in S.I. 493) to the Exempted Development provisions in Schedule 2 of S.I. 600 of 2000.

Click here for:
The Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 (S. I. 493 of 2022)
The Planning and Development (Solar Safeguarding Zone) Regulations 2022 (S. I. 492 of 2022)

Updated: 19th October 2023

Written by Jonathan Moore and Ann Keating.

Solar Panel Exemptions

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