When selling or purchasing a property in Ireland, ensuring all building, conversion, or renovation work complies with planning laws is crucial. This typically requires one of the following: Planning Permission, Retention Permission, or a Certificate of Exemption. If these documents aren’t readily available, your solicitor will likely conduct a planning search to identify any outstanding or historical planning issues.
In this article, we’ll break down the key differences between Understanding the Difference Between Planning Permission and Retention Permission in Ireland these permissions, their importance, and how they impact property transactions.
What is Planning Permission?
Planning Permission is a formal approval from your local authority to carry out construction, extension, conversion, or significant renovation work on your property.
When is Planning Permission Required?
• Building an extension
• Adding an attic conversion with dormer windows
• Constructing a standalone structure, like a garden room over a certain size
• Any renovation or change of use that significantly alters the property
The Planning Permission Process:
1. Application: Submit plans to your local authority.
2. Review: The council reviews the application and may consult neighbors or other interested parties.
3. Approval or Refusal: The council will either grant or refuse permission.
4. Appeal (if necessary): If refused, you can appeal the decision to An Bord Pleanála or revise your plans and resubmit.
Without Planning Permission, any development is considered unauthorized and may require corrective action, such as applying for Retention Permission.
What is Retention Permission?
Retention Permission (often referred to as Planning Retention) is sought after construction or renovation has already taken place without prior planning approval.
When is Retention Permission Required?
• Building an extension
• Adding an attic conversion with dormer windows
• Constructing a standalone structure, like a garden room over a certain size
• Any renovation or change of use that significantly alters the property
• When there is an planning enforcement order in place
The Retention Permission Process:
1. Application: Submit a detailed application to the local authority, including drawings and documentation.
2. Assessment: The council reviews whether the completed work meets planning and safety regulations.
3. Decision: Permission can be granted or refused.
4. Appeal (if necessary): A refusal can be appealed. If refused, the council may demand alterations or even demolition to rectify unauthorized work.
Key Takeaway: Retention Permission is not guaranteed. It’s always better to seek Planning Permission before starting work.
What is a Certificate of Exemption?
A Certificate of Exemption (also known as an Opinion on Compliance for Exempt Development) verifies that completed work does not require Planning Permission because it falls within the parameters of exempted development regulations.
Examples of Exempt Developments:
• Converting a garage into a kitchen (without structural changes).
• Small-scale extensions that comply with size and height restrictions.
• Minor internal alterations that don’t affect external appearance or structural integrity.
How is a Certificate of Exemption Obtained?
A qualified architect, engineer, or surveyor must inspect the work and issue an Opinion on Compliance stating that the development meets all legal and regulatory requirements.
Note: A Certificate of Exemption is only valid if the work complies fully with Building Regulations and Exempt Development Guidelines.
What Happens if a Property Lacks Proper Permissions?
If you’re buying or selling a property where unauthorized work has been carried out:
1. Solicitor’s Role: Your solicitor will advise whether Retention Permission should be applied for or if a Certificate of Exemption can resolve the issue.
2. Vendor Responsibility: Typically, it’s the vendor’s responsibility to address these concerns before the sale closes.
3. Legal Implications: Ignoring these requirements can result in costly legal battles, fines, or even demolition orders.
Can a Surveyor Verify Planning Permissions?
While a surveyor cannot conduct a planning search, they can:
• Review the provided Planning Documents, Retention Permissions, or Certificates of Exemption.
• Confirm whether the physical work matches the documents.
• Provide an opinion on the accuracy of the planning documentation.
However, their assessment does not replace an official Certificate of Exemption or a planning search conducted by your solicitor.
Why Compliance Matters
Failure to address unauthorized work can lead to:
• Delays in property sales.
• Reduced property value.
• Legal orders to reverse or modify work.
Always address planning concerns early in the sales process to avoid complications.
Need to Apply for Retention Permission?
If you’ve discovered unauthorized work on your property or are planning a renovation, it’s essential to consult professionals who specialize in planning compliance.
At RetentionPlanning.ie, we simplify the Retention Permission process:
• Expert guidance on preparing your Retention Application.
• Support through every stage of the approval process.
• Collaboration with architects and surveyors to ensure compliance.
Don’t wait—take control of your property’s planning status today.
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