What counts as curtilage
The Planning and Development Act 2000 doesn't define curtilage. In practice it's judged case by case, from how the land relates to the building: whether it's used with it, enclosed with it, and part of the same property historically and now. A house's garden and yard usually are. A farm's open fields usually aren't. Outbuildings, walls and gateways often are.
Why it matters
Exempted development
Many works that don't need planning permission, such as small extensions, sheds and garages, are exempt only when they're within the curtilage of a house, and within set limits. Whether a piece of land is curtilage can decide whether you need permission. See exempted development.
Protected structures
A protected structure's protection covers its curtilage and the structures within it: outbuildings, boundary walls, gates and railings. A stable yard or walled garden next to a protected house may be protected even though the RPS entry only names the house. The Department's Architectural Heritage Protection Guidelines for Planning Authorities discuss how councils should judge it. See protected structures.
Common questions
What is the curtilage of a house?
Usually the front and back gardens, the yard, the driveway and any outbuildings used with the house. Land farmed or let separately, even next to the house, usually isn't.
Does a field next to the house count?
Usually not. A paddock or field used as farmland is normally outside the curtilage, even if it's on the same folio. A shed in it wouldn't get the house's exemptions.
Is curtilage the same as the property boundary?
No. The property boundary is ownership, recorded on the folio. Curtilage is about use, and can be smaller than the land you own.
What does curtilage mean in law?
There's no statutory definition in the Planning Act. Councils, An Coimisiún Pleanála and the courts decide it on the facts of each case.
If you're not sure
- Ask the council for a section 5 declaration on whether proposed works are exempted development.
- For a protected structure, a section 57 declaration sets out what works would affect its character.
Last reviewed 2026-10-07.