Key Takeaways
| Main Point | Details |
|---|---|
| Definition | Retrospective planning permission (also called retention permission) applies to works completed without prior approval. |
| Importance | It helps property owners comply with planning laws, avoid legal consequences, and maintain property value. |
| Process Overview | Includes application submission, public notice, site inspections, and authority assessments. |
| Seven-Year Rule | After seven years, enforcement action may no longer be possible, though the development remains unauthorised. |
| Consequences of Non-Compliance | May lead to enforcement notices, fines, demolition orders, and reduced property marketability. |
What is Retrospective Planning Permission?
Retrospective planning permission, also known as retention permission, allows property owners to retain or regularise their property even though it was built illegally, or without initial planning permission. This is done by applying for permission after construction has already taken place.
This process is not guaranteed and is assessed on the same criteria as standard planning applications. It is meant to correct breaches of planning law, not to bypass the regular process.
When Do You Need a Retention Permission?
You need to apply for retrospective planning permission if you:
- Built or altered a home/building without obtaining the necessary planning permission.
- Made significant changes to the use of your property (e.g., converting a residential property to commercial use).
- Did not comply with conditions attached to a previously granted planning permission.
Examples of works that might require retention permission include:
- House extensions or conservatories built without approval.
- Garage conversions or garden structures.
- Change of use from residential to short-term tourist letting (e.g., Airbnb rentals).
Why is Retrospective Planning Permission Important?
Applying for retention permission is crucial to avoid serious consequences, including:
1. LEGAL COMPLIANCE.
Without planning permission, your property is in breach of the Planning and Development Act 2000. Failure to regularise the development may result in:
- Enforcement notices requiring you to remove or modify the structure.
- Fines, injunctions, or even imprisonment in extreme cases.
2. PROPERTY VALUE & MARKETABILITY
Unauthorised developments can deter potential buyers and complicate mortgage or insurance applications.
Banks may refuse to lend unless retrospective permission is granted or evidence of compliance with the seven-year rule is provided.
3. PEACE OF MIND
Regularising your development ensures you can use and enjoy your property without fear of enforcement action or future legal challenges.
The Seven-Year Rule Explained.
The seven-year rule, based on Section 157(4) of the Planning and Development Act, states that local authorities cannot take enforcement action against unauthorised developments after seven years from the date of commencement.
“…No warning letter or enforcement notice shall issue and no proceedings for an offence under this Part shall commence—
(i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the development…”
KEY POINTS.
- According to Cosgrove Gaynard Solicitors, This rule does NOT legalise the development—it remains unauthorised.
- It may affect property sales, as prospective buyers and lenders may still raise concerns.
- Enforcement can still occur if planning conditions regarding land use were not met (i.e, change from residential to commercial use).
To mitigate risks, property owners may need to provide an architect’s certificate confirming compliance with building regulations.
Applying for Retention Permission
Get a solicitor first or consult your local planning authority first.
Then apply for retention permission with the following steps in mind:
1. DETERMINE ELIGIBILITY
Confirm that your development requires planning permission and is eligible for retrospective application. If found eligible, you will need to:
- Publish a public notice of your retention planning application in a local newspaper
- Erect a site notice on your property at least two weeks before you submit your application.
- The public notice must include details of your development, the reasons why you did not get planning permission beforehand, and the date and place where you intend to submit your application.
2. PREPARE YOUR APPLICATION.
Because this is a retention application, you may need even more documentation to regularise your building. According to Buildtech, you may need to gather various documents, including but not limited to:
- Application Form – The form is the same as your standard planning permission form and will vary slightly from council to council.
- Site Location Map – Showing the property boundaries and surrounding area.
- Site Layout Plan – Illustrating the structure’s position on the site.
- Elevations and Sections – Drawings of the building’s appearance.
- Photographs – Recent images of the development.
- A design statement – to show the design concept of the building and how it relates to the site.
- A planning report – that analyses the planning context and policies of the development.
- An environmental impact assessment – that looks at the potential environmental effects of your building and how they can be avoided or reduced.
And more.
Retention applications also require public notices in local newspapers and on-site, informing the community of your application.
3. PAY THE PLANNING FEE.
The fee for retrospective applications is three times the standard planning fee. This penalty discourages unauthorised development.
As seen on Citizens Information:
- The current fee for an application to build a house is €65. So a retention application would cost €195.
- The fee for a house extension or the conversion of a garage for use as part of a house is €34. So a retention application would cost €102.
4. SUBMIT YOUR APPLICATION
Submit your application to your local planning authority within the prescribed timeframes. It typically takes eight weeks for a decision, though delays can occur if further information is needed.
5. DECISIONS & OUTCOMES.
- Approval: The authority may grant permission with or without conditions.
- Refusal: You can appeal the decision to An Bord Pleanála within four weeks.
Potential Challenges and Considerations
- Public Submissions
Neighbours and other stakeholders may submit objections to your application, which the planning authority will consider.
2. Strict Assessment Criteria
The planning authority will assess your application based on environmental impact, amenities, and local planning policies. Approval is not guaranteed.
3. Appeals to An Bord Pleanála
If your retention permission refused, an appeal can take up to 18 weeks for resolution.
4. High-Impact Developments
Certain developments, such as those requiring Environmental Impact Assessments (EIA), may not qualify for retention permission.
Consequences of Non-Compliance.
Failing to address unauthorised development can lead to enforcement action, which may include:
- Warning Letters – Issued to notify you of the breach.
- Enforcement Notices – Requiring corrective action, such as demolition or modification.
- Court Proceedings – Resulting in fines or other penalties.
Additionally, unauthorised structures may not be eligible for compensation under compulsory purchase orders (CPOs).
Tips for Preventing Unauthorised Developments
- Understand Planning Requirements
Research whether your project requires planning permission before starting work.
2. Apply for Permission in Advance
Ensure that you obtain approval before construction begins.
3. Adhere to Conditions
Follow all conditions attached to your planning permission to avoid enforcement action.
4. Consult Professionals
Work with architects, engineers, or planning consultants to ensure compliance.
Final Thoughts
Retrospective planning permission offers a way to rectify unauthorised developments, but it is neither automatic nor guaranteed. By following the proper procedures and seeking professional advice, you can protect your property investment and ensure compliance with planning laws.
For more detailed advice, consult your local planning authority or a solicitor specialising in planning law.
For more information on Planning Permissions, read HERE.
