Retention Planning Permission

Building works which are not exempted from Planning Regulations are called  ‘unauthorised developments’ and they require a retention application be lodged with the local authority.

At JEArchitecture we have a vast experience of making Retention Planning Applications and we  are very experienced in securing retention permission for all manner of unauthorised additions, and have an excellent track record. We specialize in turning your Retention Planning Application around in as quick a time frame as possible.

In the most instances retention permission is usually for minor domestic additions that need to be regularized (corrected),these issues range from unauthorised rear extensions or large garden sheds / the addition of a front porch / the removal of front garden walls to provide for off street parking, to name but a few.

This type of unauthorised development requires a retention application to be lodged with the local authority. Lodging a retention application is no different from lodging a planning application except in name and involves the same process.

Permission for retention does not automatically absolve you from prosecution if enforcement action has already been taken against you. If you are buying property, check that the building itself and any extensions or alterations to it have proper planning permission or are exempt from planning permission. You, as the new owner, may be liable to enforcement action. It is an offence under planning legislation to

  • undertake any work needing permission without that permission having been secured (i.e. no planning permission in place)
  • where planning permission was granted but the development is not being carried out in accordance with the plans lodged or conditions of the planning permission granted
  • the development does not comply with all the conditions and limitations to qualify a development as exempt.


Exempted Development

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemptions is to avoid controls on developments of a minor nature, such as small extensions to houses.

Planning Leaflets PL.5, PL.6 and PL.7, which are available on the link page, give details of the main exemptions.


Statutory Time Limits for Taking Enforcement Action

Under the Planning & Development Act 2000-2010 (As Amended), if the development commenced on or after the 11th March, 2002, the time limit is 7 years. Action must be taken within five years if the unauthorised development/use commenced prior to that date.


Cost of Retention a Application

The procedure in making a retention planning application is exactly the same as when making a normal application, therefore the cost of making a retention application is  equivalent to making an ordinary planning application. The costs associated with a retention application are as follows;

  • the statutory fee to the Planning Authority for the Retention Application is €102 for a domestic application, or 3 times the normal application fee for all other instances
  • there is a fee payable to Ordnance Survey Ireland for maps of approximately €60
  • there is a fee to advertise the application in an approved newspaper which is up to €150, depending on location

At JEArchitecture, we can can prepare your Retention Planning Application, including a Compliance Certificate, on completion, phone us now for a no obligation free quote.

Retention Planning Permission Ireland