Retention Planning Application
Who is this for?
For those who are looking to sell their property but cannot as aspects of the house or structures onsite are not in compliance with the granted Planning Permission.
OR
Those looking to bring their property into compliance with Planning Permission/Authority, in general.
OR
For those who installed a Garden Cabin without Planning Permission, and have been served with a notice from the Planning Authority.
How much do we charge?
OR
We can visit your property, prepare the Retention Planning Application, and issue Certification upon grant of permission for as little as €2,300 + VAT.
Over the last 20+ years we have helped numerous clients to resolve hundreds of cases through a successful Retention Planning Applications.
We provide advice on all aspects of the retention planning application process. We provide a swift service to aim to regularise issue of non-compliance with planning permission as soon as possible.
Our Process
Advice and feasibility prior to any appointment.
Our Planning Consultant and Engineer will visit your property during the Initial Consultation.
We will work in conjunction with your Estate Agent and Solicitor to prepare the application.
Once you are happy with the quotation, we will prepare and submit the Planning Application.
The Seven Year Rule and Retention Planning Permission
People frequently call for advice on retention planning permission and specifically inquire about the ‘seven year rule’ or some other variation of this concept. So, in this section, I’ll explain what the “seven year rule” is and clear up any misconceptions about it.
Under the planning regulations, constructing new work, extending or altering existing property in any way is classified as ‘development.’ Some minor works can be classified as ‘exempted developments,’ which are exempt from planning permission based on their description. All other development requires planning permission; thus, if a piece of ‘development’ is not exempt, planning permission is required in ALL cases. The regulations make this very clear.
What about the ‘seven-year rule’? We hear you say!
What exactly is it and does it not mean you don’t need planning permission?
The so-called seven-year rule stems from an understanding or, in some cases, misunderstanding of the statute of limitations as applied within Irish planning legislation. It being 6 years, and the understanding that after 7 years, the planning authority (the County Council) is statute barred from taking any enforcement action against the unauthorised development that would otherwise have required planning permission.
This is a true fact, but it does NOT imply that one has planning permission. The fact that the planning authority/council lacks the authority to pursue enforcement of a violation of the Planning Regulations does not imply that the person/s are automatically granted planning permission.
But, I hear you say, what difference does it make when the council can’t do anything about it? Yes, this is true, but when it comes time to sell or finance the property with the ‘unauthorised development’ that required planning permission in the first place, the ‘seven year rule’ is normally be rendered useless.
This is because when a solicitor acts on behalf of a person seeking to raise finance on a particular property or on behalf of a purchaser of a particular property, the solicitor must ensure that the title is ‘clean’ and provide an undertaking to any lending institute that may be involved in the transaction.
If the property does not have the proper planning permissions in place, the ‘clean’ title will not be available, and the person selling the property or trying to raise finance on the property will be stuck.
In this case, the only option is to regularise the situation through a Retention Planning Application in order to obtain the ‘clean’ title.
So, in conclusion, the fact that something has been built over a seven-year period does not imply that it had Planning Permission in the first place.
Retention FAQs
What is Retention Permission?
Retention planning permission is when an application is made to retain an unauthorised development.
Homeowners usually require this permission when selling their house or obtaining a bank loan if their property is not in compliance with Planning Permission.
The Local Authorities typically grant retention permission in 85% of cases; they treat the application as if it is a regular permission according to how the development meets, or does not meet, developmental standards and local area development plans.
The process is the same as with regular planning permissions:
- Apply for retention permission
- The Local Authority will issue a notification of decision to grant or refuse permission after 8 weeks
- If there are no objections then the Local Authority will issue a Grant of Permission or Refusal after a further 4 weeks.
Who are we and what do we do?
We are Ireland’s leading team of Planning Consultants and Engineers with 20+ years experience. We have countrywide coverage, with a Dublin and Cavan office.
During the initial consultation, we will do a site survey and send a quotation for the proposed application the same day.
If you are happy with the quotation, we will then produce a set of drawings of the work that needs Retention Permission and then put together a full Planning Application including public notices, application forms etc. and lodge the application at your local Planning Authority/County Council.
We will then issue the Certificate of Compliance upon a grant of permission from the Planning Authority/County Council.
What is the 7 year rule?
Local Authorities are barred from serving enforcement action on developments that occurred 7 years ago by virtue of Section 157(4) of the Planning and Development Act, 2000 which says that the local authority may not serve an enforcement notice or take proceedings for an unauthorised development after 7 years have commenced since the unauthorised development commenced.
However, and very importantly, this does not guarantee that your ‘title’ will be clean and It is best practice and extremely likely that solicitors/mortgage providing banks will seek Retention Permission for such unauthorised developments to regularise the title deeds of the property.
How does enforcement work?
If the Local Authorities send a warning letter about unauthorised development you typically have four weeks to respond clarifying that the development is either exempt, compliant or requires retention permission.
If you consider it exempt or compliant the Local Authority inspector will open a file and investigate the development in person.
If the work requires retention permission the Local Authority will in most cases suspend or put a stay on the enforcement until the application has been completed. If permission is granted the enforcement file can be closed, see attached link for more info.
How to start?
Fill out the contact form with your property address, email address, name and number and we will then contact you and arrange an initial consultation, a quote, and then commence the application.
How long does it take?
We can commence the application and lodge the application within approx. 2 weeks from payment. We understand that those selling their homes are usually under time pressure. That is why our efficient, streamlined process and team commence and submit within this time period.
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