Retention Planning Permission Ireland: Costs, Risks and What Happens If It Is Refused

Retention permission is often described as “getting planning permission after the event”.

That is broadly the idea.

But the phrase can make the process sound safer than it is.

For the wider planning framework, see Planning Permission in Ireland: The Complete Guide.

When might retention permission be needed?

Common examples include:

• an extension built without required permission;
• a garage or shed outside the exemption limits;
• a material change of use;
• alterations that differed materially from the approved drawings;
• a commercial use started without permission;
• or an old development discovered during a house sale.

The important question is whether the development actually required permission.

If it was exempted development, retention may not be necessary.

That is why a Section 5 declaration can sometimes be the better route where planning status is uncertain.

Retention is not the same as proving an exemption

Suppose an extension has no planning application.

There are two very different possibilities.

It was exempted development

In that case, a retention application may be unnecessary.

The task is to establish that the extension satisfied the relevant exemption conditions.

It required permission but none was obtained

That is unauthorised development.

A retention application may then be appropriate.

Do not apply for retention automatically just because no planning reference appears on a search.

How is retention assessed?

The planning authority assesses the development through the planning system.

That means the fact that the structure already exists does not force the authority to approve it.

The authority can consider matters such as:

• development-plan policy;
• residential amenity;
• overlooking;
• design;
• traffic;
• access;
• drainage;
• environmental effects;
• heritage;
• land use;
• and other planning considerations.

In practical terms, a development can be standing for years and still fail a retention application.

How much does retention permission cost?

Retention fees are higher than standard application fees.

Galway City Council’s current published schedule gives useful examples.

For a dwelling, the normal application fee is €65 per unit.

For retention of a dwelling, the published fee is €195 or €2.50 per m² of gross floor space, whichever is greater, subject to the wider statutory fee rules.

For a domestic extension/other improvements, the ordinary fee is €34.

For retention, the published figure is €102 or €2.50 per m² of gross floor space, whichever is greater.

The council also notes that retention fees are generally three times the standard fee, subject to the applicable minimums, maximums and class-specific rules.

Always check the exact fee with the relevant planning authority.

The fee is not the expensive part

The application fee itself may be modest compared with the cost of resolving the problem.

Retention can involve:

• measured drawings of what exists;
• architect or engineer;
• planning consultant;
• survey;
• drainage/wastewater reports;
• legal advice;
• redesign;
• remedial work;
• development contributions;
• appeal fees;
• and potentially demolition or alteration.

If the issue emerges during a house sale, delay can also have a commercial cost.

Can a planning authority refuse retention?

Yes.

Retention is not guaranteed.

The planning authority may decide the development is unacceptable.

If refused, there may be a right of appeal to An Coimisiún Pleanála within the normal strict timeframe.

If the refusal ultimately stands, the owner can be left with an unauthorised development.

That can expose the property to enforcement consequences and may require alteration or removal.

Can you just leave unauthorised development in place?

This is not a safe assumption.

Planning enforcement is a separate legal process.

The fact that development has existed for some time does not automatically make it authorised.

There are statutory time-limit and enforcement issues that can become complex, but “too old to enforce” is not the same thing as “planning compliant” or “authorised”.

That distinction is particularly important when:

• selling;
• refinancing;
• carrying out further work;
• or trying to obtain professional certification.

Get legal/planning advice for old unauthorised development rather than relying on folklore about time limits.

What documents are needed?

A retention application normally needs to describe the development as it actually exists.

Depending on the case, that may include:

• application form;
• site location map;
• site layout;
• floor plans;
• elevations;
• sections;
• planning notices;
• ownership information;
• fee;
• planning history;
• and specialist reports.

An architect, architectural technologist, engineer or planning consultant may prepare the application depending on the project.

Accuracy matters.

This is not the time to submit drawings of what you wish had been built.

Retention for an extension

For an undocumented extension, first establish whether it actually needed permission.

Read House Extension Planning Permission Ireland.

If the extension exceeded the exemption or breached an important condition, retention may be needed.

The planning authority can consider the extension’s effect on:

• neighbouring amenity;
• overlooking;
• private open space;
• scale;
• design;
• drainage;
• and other relevant matters.

What if only part of the work is unauthorised?

Sometimes the original development has permission but the completed project differs from the approved plans.

Examples:

• extension larger than permitted;
• windows added;
• roof changed;
• garage relocated;
• entrance moved;
• house positioned differently;
• use changed.

The retention application needs to clearly identify what is being retained and how it relates to the earlier permission.

Do not assume the original permission covers every later deviation.

Can retention be combined with permission for new work?

Planning applications can contain both retention and prospective permission elements where appropriate.

For example, an owner may seek:

• retention of an existing unauthorised extension; and
• permission for new alterations needed to regularise or improve it.

The application description and fee need to reflect the actual proposal.

What about buying a property with an apparent planning problem?

This is where retention questions often emerge.

Your solicitor or surveyor may discover:

• extension not shown on planning records;
• garage converted;
• attic altered;
• shed used as accommodation;
• boundary changed;
• or building not matching approved plans.

Do not assume the purchaser should simply “apply for retention later”.

Before closing, establish:

1. whether there is actually a breach;
2. whether the work was exempt;
3. whether professional compliance evidence exists;
4. whether the seller should resolve it;
5. whether a Section 5 declaration is better;
6. how the lender views the issue.

Planning irregularities can affect title, mortgageability and future resale.

What if a Section 5 declaration says permission was required?

That can clarify the planning status.

If the development already exists and is not exempt, retention may become the logical next route.

But a Section 5 declaration does not guarantee the subsequent retention application will succeed.

It answers the exemption question, not the merits of retaining the development.

Retention and building regulations

Planning retention does not retrospectively certify building-regulation compliance.

These are separate systems.

An extension could receive planning retention but still raise questions about:

• structural design;
• fire safety;
• ventilation;
• insulation;
• drainage;
• or building-control documentation.

For a house sale, both planning and building-regulation compliance may need consideration.

Retention and development contributions

A grant of retention can contain conditions, including financial contributions where applicable.

Do not budget only for the application fee.

Read the conditions carefully.

Can neighbours object to retention?

A retention application is still a planning application with public participation.

Neighbours and other interested persons can make valid submissions within the statutory process.

They can raise relevant planning grounds.

The fact that the building is already there does not remove public participation.

Can retention be appealed?

Yes.

The applicant can appeal a refusal or conditions.

A third party who made a valid submission at planning-authority stage can generally appeal.

The normal appeal deadline is four weeks beginning on the date the planning authority makes its decision.

Current residential/non-commercial appeal fees are generally €220 for an ordinary first-party or third-party planning appeal.

Read Planning Appeals Ireland.

Common mistakes

“It has been there for years, so it is legal”

Age alone does not prove authorisation.

“There is no planning file, so I need retention”

It may have been exempted development.

“Retention is just paperwork”

It can be refused.

“Once I get retention, everything is compliant”

Planning and building-regulation issues are separate.

“The buyer can sort it out”

Unresolved compliance can derail a sale or mortgage.

Frequently asked questions

What is retention planning permission?

It is permission sought for development already carried out without the required planning permission.

Is retention guaranteed?

No. The authority can refuse.

Is retention more expensive than ordinary planning?

Yes. Retention application fees are generally higher; current schedules commonly apply three times the normal fee subject to the statutory rules.

Can I apply for retention for an extension?

Yes, where the extension required permission and was built without it. First check whether it may actually have been exempted development.

What happens if retention is refused?

You may appeal within the statutory period. If refusal ultimately stands, the development remains unauthorised and may have to be altered or removed.

Does retention solve building-regulation problems?

No. Planning permission and building-regulation/building-control compliance are separate.

The bottom line

Retention permission should be treated as a remedy you may apply for, not a safety net you can count on before building.

The safest order is:

1. establish whether permission is needed;
2. obtain it if required;
3. build in accordance with the permission.

If the work already exists, first establish whether it was genuinely exempt.

Only then decide whether Section 5, retention or another route is appropriate.