Certificates of Exemption from the provisions of Section 96 of Part V (Housing Supply) of the Planning and Development Act, 2000.
The means by which an applicant may be required to comply with the housing needs of the Council are set down in Section 96 of the Planning and Development Act, 2000.
In certain circumstances applicants may be exempt from the provisions of Section 96 and those circumstances and the process of applying for a certificate of exemption are outlined in Section 97 of the Planning and Development Act, 2000.
Applicants may, before applying for planning permission in respect of a development, apply, under Section 97, for a certificate from the Council stating that no obligations to provide social and affordable housing (or funds/sites in lieu of units) will apply to the permission, if granted, for said development.
The application form is available at the bottom of this webpage. It must be completed in full, signed and accompanied by the following:
A statutory declaration made by the applicant, giving information required under Section 97(1) of the Planning and Development Act and Article 49 of the Planning and Development Regulations, 2001-2007, namely:
(a) giving, in respect of the period of 5 years preceding the application, such particulars of the legal and beneficial ownership of the land, on which it is proposed to carry out the development to which the application relates, as are within the applicant's knowledge or procurement,
(b) identifying any persons with whom the applicant is acting in concert,
(c) giving particulars of—
(i) any interest that the applicant has, or had at any time during the said period, in any land in the immediate vicinity of the land on which it is proposed to carry out such development, and
(ii) any interest that any person with whom the applicant is acting in concert has, or had at any time during the said period, in any land in the said immediate vicinity, of which the applicant has knowledge,
(d) stating that the applicant is not aware of any facts or circumstances that would constitute grounds under subsection (12) for the refusal by the planning authority to grant a certificate,
(e) giving such other information as may be prescribed.
South Dublin County Council may require an applicant for a certificate to provide it with such further information or documentation as is reasonably necessary to enable it to perform its functions.
Where an applicant refuses to comply with a requirement under paragraph (a), or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply, the planning authority concerned shall refuse to grant the applicant a certificate.
Section-97-Application-Form.doc (size 116.2 KB)
sample-of-section-97-statutory-declaration.pdf (size 84.9 KB)