New rules on registration of garden housing units
The Residential Tenancies Board (RTB) is calling on landlords to be aware of new rules on when a garden housing unit must be registered with the RTB. Some garden housing units must still register with the RTB, but others added from 27 July 2026 under new planning exemptions will not need to register.
The RTB is advising landlords and tenants that there are now different rules for:
- Units added before 27 July 2026
- Units added from 27 July 2026 with a planning exemption
- Units added from 27 July 2026 without a planning exemption
Units added before 27 July 2026
If a garden housing unit that was already in place before 27 July 2026 is rented out, the landlord must still register the tenancy with the RTB. This applies to self-contained units with a separate entrance to the main house.
The tenancy will be protected under the Residential Tenancies Act. This includes:
- Rent increases are limited under national rent control rules.
- Tenants get security of tenure (the right to stay) in the rented property after 6 months.
- Access to the RTB’s dispute resolution service.
- Possible RTB enforcement action if the landlord breaches rental law.
If a unit was in place in a garden before 27 July 2026 but it is only rented for the first time after this date, the landlord must still register the tenancy with the RTB.
Units added from 27 July 2026 with a planning exemption
From 27 July 2026, homeowners can now add a separate housing unit to their back garden without planning permission. If the owner rents this unit, it will not come under the RTB’s remit. They do not need to register it with the RTB.
The unit must be added in line with strict rules set out in the Planning and Development (Exempted Development (Act of 2000)) (No. 3) Regulations 2026 SI340 of 2026:
- It must be placed in the back garden of a house that is the owner’s main home.
- The owner must notify the planning authority they intend to use a planning exemption at least 14 days before work to add the garden unit begins.
- You can learn more how to qualify for a planning exemption on the Department of Housing, Local Government and Heritage’s website.
The RTB does not decide if a unit meets planning requirements or qualifies for a planning exemption. Landlords and tenants should contact their local authority first for guidance on whether a unit qualifies for a planning exemption.
Units added from 27 July 2026 without a planning exemption
If an owner adds a new self-contained garden housing unit from 27 July 2026 without a valid planning exemption, they must still register the tenancy with the RTB. This includes any unit added to a garden that is not the owner’s main home.
The RTB does not decide if a unit meets planning requirements or qualifies for a planning exemption. Landlords and tenants should contact their local authority first for guidance on whether a unit qualifies for a planning exemption.
The RTB can only take enforcement action for an unregistered tenancy if a local authority has confirmed the unit was added from 27 July 2026 and did not qualify for a planning exemption. To report a suspected planning breach, you can write to your local authority’s Planning Enforcement Section.
Speaking on the new rules, Rosemary Steen, Director of the Residential Tenancies Board said:
“These changes create a new category of garden housing units that do not come under the RTB’s remit. However, it is important to remember that garden housing units in place before 27 July 2026 must still be registered with the RTB if they are rented out. We urge landlords and tenants not to assume that every garden housing unit is exempt. Taking the time to understand the new rules and, where required, to register the tenancy with the RTB is vital to ensure compliance with rental law.”
Read more about the new rules on garden housing units.