Home Q&A: Does a roof garden need planning permission?

I am sale agreed on a terraced house. There is a flat-roof extension out the back, ideal for a roof garden. But do I need planning permission? 
Home Q&A: Does a roof garden need planning permission?

A city-centre roof garden. File picture

I am currently sale agreed on a terraced two-up-two-down house in Dublin 3. There is a flat roof extension out the back, which would be ideal for a roof garden. My question is, do I need planning permission for a roof garden? The information online is contradictory. I read a piece you wrote about your roof garden with avid interest.

ANSWER

First of all congratulations on getting to the sale-agreed stage. Dublin 3 has some fabulous areas and it is no small feat buying a

home in this economy. What an exciting time for you.

You are absolutely right on contradictory information. I get this question on roof gardens a lot, and there is never a straightforward answer. 

My previous article was written in 2022 so I have done some additional research to provide the most up-to-date information.

Also take note that I am not a planning professional so take the below as a guideline only. For readers outside Dublin, please note that councils vary slightly in their planning regulations (not to mention that individual planning professionals within councils vary in their opinions and interpretation of planning regulations!), so please consult your local planning office first if you are considering a roof garden.

Do I need planning permission?

In short, in Dublin, yes you do. Currently, at least, Dublin City Council has updated its regulations and according to the FAQs on its website, you cannot build a balcony or a roof garden on your extension without permission.

According to the planning office, the issues around erecting a roof garden primarily relate to blocking too much of your neighbour’s light and infringing on their privacy via overlooking and/or noise pollution. 

Jennifer's roof garden.
Jennifer's roof garden.

Therefore, erecting a fence around your roof garden, or installing furniture which would block a lot of light, is generally not allowed. Nor is not erecting fencing, which would result in overlooking and therefore potentially infringes on your neighbour’s right to privacy. It’s quite the contradiction.

Define a roof garden?

Aha, here’s the really interesting question. There is no clear definition of a roof garden that I can find on any planning website. The options for what you can do on your roof extension are quite vast and your definition of a roof garden that meets your personal needs may be completely different from someone else’s. 

My “garden”, for instance, is simply grass on a structurally sound roof surrounded by some low plants, where I occasionally lie out — thus there is really nothing there that I can put into a planning application.

The roof garden at Jennifer Sheahan's home in Rathmines, Dublin, a former Home of the Year. 
The roof garden at Jennifer Sheahan's home in Rathmines, Dublin, a former Home of the Year. 

That said, there are structural regulations that you will need to meet if you plan to install anything and use it regularly, and especially if other people will be using it. The roof must be structurally fit for purpose, meaning you will need to show that it can take the extra load of your roof garden and anyone standing on it. 

It must also be waterproof, so that water doesn’t accumulate in whatever material you lay out and flood the room below. You will also need to show that fire escapes are not impinged by any roof garden structures you install. Finally, you should have balustrades surrounding it no lower than 1100mm, to prevent anyone falling off.

What gets approval?

With all of the above in mind, the planning elements that are likely to gain approval are actually quite simple. I have also spent some time digging through the archives to look at requests that have passed and those that were refused, and overall the rationale seems to be fairly consistent and straightforward. The first step with doing any work on your home is always to talk to your neighbours. If you can work in alignment with them to come up with a design that does not block their light nor infringe on their privacy, and is in keeping with the aesthetic of the area, you are more likely to be approved.

My favourite design is for a plexi-glass balustrade (that won’t block light) with low plants lining the inside. This provides the best mix of privacy and light for you and your neighbours. Next up is keeping furniture to a minimum with picnic-style cushions and low tables. 

Jennifer's roof garden.
Jennifer's roof garden.

Avoid (or be careful about positioning) pergolas or other roof structures, as they may interfere with your neighbour’s light and be disruptive to the aesthetics of the area. Don’t have any bright lighting pointing into your neighbour’s garden or window, and always be considerate of noise and smells if you are having BBQ parties on your roof.

Will regulations be updated?

Dublin City Council does recognise the value of roof gardens in urban areas, as laid out in its “Green and Blue Roof Guide” published in 2021. The authors of this guide point out that roof gardens are valuable as amenity spaces in built-up areas with little to no garden space, as well as providing valuable environmental benefits as they allow additional space for vegetation and enhanced rainwater run-off. This is a positive indication that the planning authority appreciates the positives that a roof garden can bring to private dwellings, and are overall in favour of introducing them to cities where possible.

  • Got a question for Jennifer or any of our Home team? Email home@examiner.ie
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