Protected structures

A protected structure is a structure that a planning authority thinks is of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view.

If a planning authority thinks a structure meets these criteria, the structure must be listed on the planning authority’s Record of Protected Structures (RPS). All structures listed on the RPS qualify for protected status. Each planning authority must keep a RPS as part of its development plan.

When a structure is included in the RPS it means that:

• Its importance is recognised
• It is legally protected from harm
• All future changes to the structure are controlled and managed through the development control process. For example, planning permission or by issuing a declaration under Section 57 of the Planning and Development Act 2000

If a structure is included in the RPS, the protection covers:

• The inside of the structure
• The land in its curtilage. Curtilage means the land and outbuildings immediately surrounding a structure which is or was used for the purposes of the structure
• Any other structures on that land and their interiors
• All fixtures and features forming part of the interior and exterior of the protected structure or any structure on the grounds attached to it

If you own or live in a protected structure, you must prevent it from becoming endangered.

There are different funds and schemes available to help you repair protected structures and care for architectural heritage and monuments. These include the:

• Historic Structures Fund
• Built Heritage Investment Scheme
• Community Monuments Fund

What is the Historic Structures Fund?

If you own a protected structure and it needs urgent repairs, you may be able to get a grant under the Historic Structures Fund (HSF).

The Historic Structures Fund can also be used to care for historic structures and buildings in public ownership, and to improve recreational infrastructure and public access to these heritage sites.

How much is it?

The Historic Structures Fund has 3 funding streams:

How to apply for a Historic Structures Fund grant

Funding is allocated to the Historic Structures Fund each year and the local authorities manage it. You apply to your local authority for the grant by the deadline, which is usually the end of January each year.

In March, the Department of Housing, Local Government and Heritage publishes the list of projects that get funding for the year.

If you miss the deadline for applying, you will need to wait till next year. However, a small amount of emergency funding for urgent conservation repairs to historic structures may be available outside the annual grant cycle. For example, you might get this for time-sensitive repairs to a structure that has been severely damaged by a storm. These applications will be considered by the Department of Housing, Local Government and Heritage on a case-by-case basis.

If you have questions about the Historic Structures Fund, the Department of Housing, Local Government and Heritage has information in their:

• Guidance Booklet for Applicants
• Guidance Application Form
• Checklist for Applicants
• Guidance Circular for Local Authorities

You can also contact your local authority if you have questions about the scheme.

What is the Built Heritage Investment Scheme?

The Built Heritage Investment Scheme (BHIS) provides grants to help repair and conserve structures that are protected under the Planning and Development Acts. It also helps to conserve structures in Architectural Conservation Areas.

The BHIS is aimed at privately owned properties that need repair and conservation. Projects that incorporate a traditional skills training element may also be supported by this fund.

How much is it?

You can get a grant of between €2,500 and €15,000 for small-scale works to repair and preserve your historic property. There is also specific funding for conservation repairs to historic thatched buildings.

How do I apply for a Built Heritage Investment Scheme grant?

Funding is allocated to the Built Heritage Investment Scheme each year and the local authorities manage it. You apply to your local authority for the grant by the deadline, which is usually the end of January each year.

In March, the Department of Housing, Local Government and Heritage publishes the list of projects that get funding for the year.

If you miss the deadline for applying, you will need to wait till next year. However, a small amount of emergency funding for urgent conservation repairs to historic structures may be available outside the annual grant cycle. For example, you might get this for time-sensitive repairs to a structure that has been severely damaged by a storm. These applications will be considered by the Department of Housing, Local Government and Heritage on a case-by-case basis.

If you have questions about the grant or need help applying, the Department of Housing, Local Government and Heritage has additional information in their Guidance Booklet for Applicants and their Guidance Circular for Local Authorities. You can also contact your local authority if you have questions about the scheme.

You can only apply for one BHIS grant per historic structure. You cannot get funding under the Historic Structures Fund and the Built Heritage Scheme in the same year.

What is the Community Monuments Fund?

The Community Monuments Fund provides funding to help preserve and maintain archaeological monuments. It provides grants for work to:

• Conserve monuments
• Protect monuments from the effects of climate change
• Encourage access to monuments and improve their presentation

For a project to qualify, the archaeological monument must be:

• Included in the record of Monuments and Places (RMP) under the National Monuments Act 1930 (as amended)
• Identified in the National Monuments Service’s Sites and Monuments Record

There must also be a public benefit to conserving the monument.

How much is it?

Funding for the scheme is broken into 3 streams:

How do I apply for the Community Monuments Fund?

The following groups can apply for the grant:

• Local authorities
• Owners or custodians of archaeological monuments
• State-funded organisations working in the heritage area

To apply, complete the application form by the deadline, which is usually the start of February each year.

If you are the owner or custodian of the monument, you send the completed form to your local authority along with a method statement and any other required documentation.

There is more information about what you need to include in your application in the Community Monuments Fund Handbook (pdf).

A structure must be listed on the planning authority’s Record of Protected Structures (RPS) to qualify for protected status. Planning authorities must include every structure that they think is of special interest in their area on the RPS.

The planning authority can add and delete structures from its RPS when reviewing its development plan or at any other time. There are 3 steps before a structure can be added to the RPS:

• Identifying possible protected structures
• Assessing if a structure is of special interest
• Notifying people about the proposed protected structure

Identifying possible protected structures

There are a number of ways a planning authority can identify structures for protection:

• A planning authority can carry out a survey of its area to determine if there are structures that should be added to the RPS.
• The National Inventory of Architectural Heritage (NIAH) compiles records of Ireland's architectural heritage. It provides planning authorities with details of surveys of their area. NIAH surveys may be used by the Minister for Housing, Local Government and Heritage to make recommendations on structures to be added to the RPS. It is up to the planning authority to decide if any of the structures recommended should be included in the RPS.
• The Minister can also make recommendations to a planning authority to include individual structures in the RPS.
• Anyone can write to a planning authority to recommend a structure for protection, but the decision to include it in the RPS can only be made by the elected members of the planning authority.

Assessing if a structure is of special interest

A planning authority decides if a structure should be included in the Record of Protected Structures (RPS) by identifying characteristics of special interest under the following headings:

• Architectural
• Historical
• Archaeological
• Artistic
• Cultural
• Scientific
• Technical
• Social

The assessment process should be impartial and objective.

Notifying people about proposed protected structures

If a planning authority is considering including a structure on the RPS, it must:

• Notify the owner and occupier that the structure is a ‘proposed protected structure’. (The structure will have the same protection as a structure already on the RPS while you are waiting the final decision of the planning authority.)
• Inform the Minister of the proposed addition, along with a number of organisations, including the Heritage Council, the Arts Council, Fáilte Ireland and An Taisce.
• Display details of proposed additions to the RPS in public for at least 6 weeks. During this time anyone can comment on the proposal. These comments will be taken into account when the planning authority decides if the structure should become a protected structure.

The decision to list a structure in the RPS must be made within 12 weeks of the end of the display period. The planning authority must notify the owner and occupier of the structure of their decision within 2 weeks.

How is a structure removed from the RPS?

If a structure is to be deleted from the list, the same process must be followed. Details of the structure proposed for deletion must be displayed in public and any comments or objections must be taken into account by the elected members of the planning authority when making their decision.

The process to add or delete a structure from the RPS is set-out in the Planning and Development Act 2000.

If you own or live in a protected structure you are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. If a structure is kept in habitable condition and has regular maintenance it should not become endangered. Regular maintenance might include cleaning out gutters, repairing missing slates, or repainting external timberwork.

What happens if my protected structure is endangered?

If a protected structure is endangered, the planning authority can serve a notice on you, requiring you to carry out any work that it considers necessary to protect the structure. The work must be done within 8 weeks of the date of the notice.

The planning authority can also service a notice requiring the ‘restoration of character’ of the protected structure. This could include removing, changing or replacing any parts of the structure specified in the notice.

If you don’t agree with the notices or can’t comply with them, you can make written representations to the planning authority about the terms of the notices. You can request more time or financial help to comply with them. In many cases, you may qualify for a conservation grant to help you comply.

The planning authority will take these representations into account when making their final decision. If you are not satisfied with the response, you can appeal against these notices to the District Court. You must do this within 2 weeks of your last response from the planning authority.

What happens if I ignore notices about a protected structure?

If you ignore a notice from the planning authority about preventing a structure from becoming endangered, the planning authority can take enforcement action. The planning authority can carry out the work itself and recover the costs of the work from you.

In exceptional cases, the planning authority may buy the protected structure from the owner, either by compulsory purchase or by agreement. This would only be done if the planning authority considered it the only way to save a protected structure.

Under the Planning and Development Act 2000, there are penalties for owners or occupiers of protected structures who endanger the structure or who fail to carry out work that has been ordered by the planning authority. If they are found guilty, they could be liable for fines of up to €12.7 million and/or a term of imprisonment of up to 2 years.

Do I need planning permission for work on a protected structure?

You will need planning permission if you want to do work on a protected structure that would materially affect its character. This means that many types of work, which in another building would be considered exempted development, may not be exempted if the building is a protected structure. Depending on the nature of the structure and the features of interest, even work such as painting the interior or replacing windows could affect its character and need planning permission.

You should contact your local authority, if you are unsure about what work will need planning permission for your particular building. You can apply to your planning authority for a declaration under Section 57 of the Planning and Development Act 2000 about your structure. This declaration states what types of work can be carried out without affecting the character of the structure.

A declaration cannot exempt any works which would otherwise require planning permission. A planning authority will issue this declaration within 12 weeks of receiving a request. There is no fee for this service. You can take a case to An Bord Pleanála if you disagree with the declaration.

You must apply for planning permission in the usual way if more extensive work is planned. However, you will need to include more detail, such as drawings, photographs or any other material necessary to explain how the proposed alterations would affect the character of the structure.

The newspaper and site notices for the planning application must state that the structure is a protected structure. You should check with your planning authority to find out what additional information they need when applying for planning permission on a protected structure. If your planning authority refuse planning permission, you can appeal this decision to An Bord Pleanála.

If you are getting work done on your protected structure, there is useful information in the Architectural Heritage Protection Guidelines for Local Authorities. These are statutory guidelines for planning authorities, but they are also useful for owners of protected structures. There are also practical advice leaflets on topics such as improving energy efficiency in traditional buildings (pdf), energy renovations in traditional buildings (pdf) and repairing historic windows (pdf).

If you want to recommend a structure for protected status or if you have any questions about your protected structure, you should write to your planning authority's Conservation Officer or the planning department of your local authority.

Further information is also available from: