COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 09, 2026
QUESTION NO. 36
QUESTION: Councillor F. Timmons
To ask the Chief Executive to detail the legislation related to posters of all types including timeframes and height restrictions.
REPLY:
The erection and display of posters within the administrative area of SDCC are governed by a combination of national legislation and local authority controls, primarily under planning, roads, and litter legislation including:
- Litter Pollution Act 1997, amended by the Electoral (Amendment) (No. 2) Act 2009
- Protection of the Environment Act 2003
- Planning and Development Regulations 2001-2013
- European Parliament Elections Act 1997
- Local Elections Regulations 1995
- Referendum Act 1994
- Electoral Act 1992
- Road Traffic Act 1961
Posters for elections can be displayed either
1. 30 days before the poll day or
2. From the date the Minister makes the polling order appointing the polling ……….which ever provides the shorter period of time
National legislation permits election posters and does not (subject to road safety) put restrictions on where they should be erected, but rather when they can be erected and when they should be removed.
Posters for referendum can be displayed from the date on which the Minister makes the polling day order appointing the day on which the referendum shall be held. Section 19 of the Litter Pollution Act 1997, as amended, and Section 9 of the Electoral (Amendment) (No. 2) Act 2009 require that all posters/advertisements relating to an election / referendum must be removed within 7 days of date of polling day.
Posters for public meetings can be displayed in accordance with Section 19(7) of the Litter Pollution Act which provides that an advertisement advising of a public meeting can be in place for up to 30 days before and within 7 days after a public meeting.
Section 19(7)(b) of the Litter Pollution Act, 1997 (the Act) provides that:
"it shall not be an offence for a person to exhibit an advertisement if the advertisement advertises a public meeting, other than an auction, unless the advertisement has been in place for 30 days or more prior to, or for 7 days or more after, the date specified in the advertisement for the meeting."
The Act and, it seems, the law is silent as to the definition of a "public meeting". It has been generally accepted that a public meeting means any gathering organised for discussion of matters of interest to the general public, which is held in a public place, i.e. a place where public have access to.
Under the Planning and Development Act 2000 (as amended) and the Planning and Development Regulations 2001–2023, posters are generally considered advertisements and are subject to planning control. In the case of election posters, exemptions are time-limited and require removal within a specified period following polling day.
The placement of posters on or adjacent to public roads is further regulated by the Roads Act 1993, which prohibits the erection of any structure, including posters, that may endanger road users, obstruct traffic, or interfere with the safe operation and maintenance of the public road. Consent from the local authority is required where applicable, and posters must not be erected on poles, traffic signs, bridges, or other road infrastructure where they may pose a risk to safety.
In addition, the Litter Pollution Act 1997 (as amended) provides for the regulation and enforcement of unauthorised posters and signage. The Act allows local authorities to require the removal of posters that constitute litter and to recover costs associated with their removal where necessary.
Size & Height Restrictions (Exempted Development)
For temporary election posters under Class 14 of Schedule 2 under the Planning and Development Act 2000 (as amended) and the Planning and Development Regulations 2001–2023:
- There is no specific size/area limit set out for Class 14 election posters in the Regulations themselves. The exemption in Class 14 refers solely to the time-limit condition: that the poster must not be exhibited, and any structure erected for it must not be left in place, for more than 7 days after the date of the election or referendum to which it relates.
However:
- The general conditions and limitations on advertisements set out elsewhere in Schedule 2 (e.g. for Class 1 and other classes) include maximum area and height restrictions that would logically apply to posters if they fall within those broader parameters (e.g., posters not on buildings or otherwise specified). These general conditions include:
• A maximum total advertisement area of up to 3 m² for advertisements not attached to a building (with up to 1.5 m² illuminated) and no part more than 2.5 m above ground level for freestanding signs.
• Where attached to a building, no part shall be more than 4m above ground level.
Failure to comply with the above legislative provisions may result in enforcement action, including the removal of posters and the issuing of fines or recovery of costs, as provided for under the relevant legislation.