Retention Planning in Ireland

GUIDE BY BAYT

Murtada Almohsen

Retention Planning Permission in Ireland: A Guide by BAYT

As a design-build company, BAYT understands that navigating Ireland’s planning laws can be complex—especially when dealing with retention planning permission. Many homeowners and developers find themselves in a situation where a structure has been built or altered without prior planning permission, sometimes unknowingly. Retention planning allows you to legalize an unauthorized development, but approval is not always guaranteed.

This guide will explain everything you need to know about retention planning permission in Ireland—when you need it, how to apply, and the risks involved.

What is Retention Planning Permission?

Retention planning permission is a retrospective application to the local council to seek approval for an existing development that was built or modified without the required permission. It does not mean automatic approval—local authorities will assess whether the development complies with planning laws and environmental regulations.

If granted, the development becomes legally authorized. If refused, enforcement action may follow, which could result in alteration or even demolition orders.

When Do You Need Retention Planning Permission?

You may need retention planning permission if you have:

✅ Built a house extension that exceeds exempted development limits.
✅ Converted a garage, attic, or shed into a habitable space without prior approval.
✅ Made significant alterations to a commercial or residential property.
✅ Installed a granny flat, garden room, or mobile home without permission.
✅ Constructed a wall, fence, driveway, or access point that breaches planning rules.

In Ireland, some minor developments are exempt from planning permission under the Planning & Development Act 2000. However, many homeowners unknowingly exceed these limits—requiring retention permission to rectify the issue.

Applying for Retention Planning Permission

Step 1: Consult with an Architect or Planning Expert

At BAYT, we recommend consulting a qualified architect or planning consultant. They can assess whether your development is likely to be approved and advise on adjustments to strengthen your case.

Step 2: Prepare Your Retention Application

Your application should include the following:

📌 Architectural Drawings & Site Plans – Accurately document the existing development.
📌 Planning Statement – Explain why the development was built and how it complies with planning policies.
📌 Environmental or Heritage Impact Reports – Required in protected zones or sensitive areas.
📌 Public Notices – Include a site notice and a newspaper notice to inform the public of your retention application.

Step 3: Submit to Your Local Authority

Submit the completed application and fee to your local planning authority. The decision period is typically 8 weeks but may extend if additional information is requested or objections are raised.

Can Retention Planning Permission Be Refused?

Yes. Approval is not guaranteed. Local authorities evaluate several factors, such as:

🚩 Zoning & Compliance – Does the development fit within local development plans?
🚩 Impact on Neighbours – Could it cause issues like loss of privacy or blocked views?
🚩 Environmental Concerns – Is the structure in a flood zone or protected heritage site?
🚩 Traffic & Safety – Could it create hazardous access or road congestion?

If refused, you may face:

❌ Required alterations to bring the development into compliance.
❌ Demolition orders for unauthorized structures.
❌ Fines or legal consequences for non-compliance with enforcement notices.

How to Improve Your Chances of Approval

✅ Engage a Professional – A planner or architect can improve your case presentation.
✅ Address Local Concerns – Resolve potential issues with neighbors beforehand.
✅ Demonstrate Compliance – Highlight how your development aligns with planning guidelines.
✅ Provide Justification – Explain why the development was undertaken and its benefits.

Avoiding the Need for Retention Planning in the Future

To avoid retention issues down the line, follow these steps before starting any project:

📌 Check Exemption Rules – Determine whether your project qualifies as exempt development.
📌 Consult a Professional – BAYT offers planning assessments to help you avoid legal pitfalls.
📌 Get Proper Approval – Always seek planning permission in advance where needed.

Final Thoughts

Retention planning permission offers a legal route to regularize unauthorized developments, but approval is never guaranteed. If you find yourself in this situation, take action quickly and work with experienced professionals to give your application the best possible outcome.

At BAYT, we specialize in architectural design, planning applications, and compliance. Whether you’re applying for retention permission or want to ensure your next project is fully compliant from day one—we’re here to guide you every step of the way.