Retention Planning Permission in Ireland
Guide to retention planning permission in Ireland, including when you need it, fees, the 7-year rule, success rates, and what it means for selling your property.
Retention permission is a type of planning permission applied for after development has already been carried out without the required planning permission. It is governed by the Planning and Development Act 2000 (as amended) and follows the same assessment process as a standard planning application.
When Do You Need Retention Permission?
You need retention permission if:
- You built a structure without planning permission (or without the correct permission)
- You carried out works that exceeded the conditions of an existing permission
- You made a material change of use without permission
- Your development exceeded the exempted development thresholds (e.g. an extension larger than 45 square metres)
The Application Process
The retention permission process is identical to a standard planning application:
- Public notices: You must publish a notice in a local newspaper and erect a site notice on the property at least 2 weeks before submitting. The notices must state that the application is for retention and explain why planning permission was not obtained beforehand.
- Submit application: Complete the standard application form with plans and drawings of the development as built.
- Pay the fee: Retention fees are 3 times the standard fee (see below).
- Public consultation: Anyone can make submissions or observations within 5 weeks (€20 fee).
- Decision: The planning authority assesses the application on its planning merits — the same criteria as a standard application — and typically decides within 8 weeks.
- Appeal: As with any planning decision, the outcome can be appealed to An Coimisiun Pleanala within 4 weeks (€220 fee).
- The development contravenes the County Development Plan or zoning objectives
- It adversely affects neighbouring amenity (overlooking, overshadowing, traffic)
- It is in a floodplain or area of environmental sensitivity
- It involves a protected structure or Architectural Conservation Area
- It would require an Environmental Impact Assessment (EIA) — retention cannot be granted for development that required an EIA
- It relates to a European site or designated conservation area
- The local authority cannot issue warning letters, enforcement notices, or prosecute
- But the development is not regularised — it has no planning permission
- This creates serious problems for selling the property, obtaining a mortgage, or getting insurance
- Solicitors acting for buyers or lenders will flag the issue during conveyancing
- Banks will almost certainly not lend against a property with unresolved planning issues
- Carrying out development without permission is a criminal offence under the Planning and Development Act 2000
- Applying for retention permission does not provide a defence against prosecution for the original offence
- In practice, councils rarely prosecute once a retention application is submitted, but they can
- Your solicitor must disclose the issue
- The buyer's solicitor will flag it as a title defect
- Lenders require proof of planning compliance before approving mortgages
- Obtaining retention permission is the recommended way to resolve the issue and "clean" the title
- Do I Need Planning Permission? — check if your development required permission
- Planning Permission Fees — full fee schedule including retention
- Exempted Development — thresholds and conditions
Fees
Retention fees are 3 times the standard application fee:
| Development Type | Standard Fee | Retention Fee |
|---|---|---|
| House | €65 | €195 |
| Extension to house | €34 | €102 |
| Commercial (per sq m) | €3.60 | €10.80 |
The maximum retention fee is €125,000. See our full fees guide for the complete schedule.
Success Rates
Local authorities grant retention permission in approximately 85% of cases. However, each application is assessed on its planning merits. Retention is not automatic and can be refused if:
The 7-Year Enforcement Rule
Under Section 157(4) of the Planning and Development Act 2000, local authorities are generally barred from taking enforcement action more than 7 years after an unauthorised development was substantially completed.
However, this does not make the development lawful. The status after 7 years is "unauthorised but immune from enforcement" — a critical distinction:
Important exception: There is no time limit for enforcement of planning conditions that regulate the use of land (as distinct from structures).
Can You Be Prosecuted?
Retention and Property Sales
If you are selling a property with unauthorised development:
Application Deadline
You can only apply for retention planning permission within 7 years of the substantial completion of the development. After 7 years, enforcement is barred but you can no longer obtain retention either — leaving the development in permanent "unauthorised but immune" status.
Related Guides
Disclaimer
This guide provides general information about retention planning permission in Ireland. For specific advice on your situation, consult your local authority or a qualified planning professional.
Frequently asked questions
What is retention planning permission?
Retention permission regularises development that was built without planning permission or in breach of its conditions. The council judges the application on normal planning grounds, as if the development were proposed fresh; retention is not automatic.
How much does retention permission cost?
Retention costs three times the standard application fee: €195 for a house and €102 for a domestic extension, plus the usual professional fees for drawings of the as-built development.
Does the 7-year rule make an unauthorised build legal?
No. After 7 years the council is generally barred from enforcement action, but the development remains unauthorised. That status surfaces in conveyancing, mortgages, and insurance, which is why owners apply for retention even when enforcement is no longer possible.