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What is Retention Permission?

Retention planning permission is when a planning application is made to retain an unauthorised development.

 

Homeowners typically require this permission when selling their house, obtaining a bank loan or when a Local Authority has issued a warning (enforcement) letter concerning unauthorized development.

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 no objections then the Local Authority will issue a grant of Permission or Refusal after a further 4 weeks.

Who are we and what we do?

We're a Dublin based architectural practice with 14 years experience.

 

We will produce a set of drawings of the work that requires  retention permission and then put together a full application including public notices, application forms etc. and lodge the application to the Local Authority.

If required we can issue Opinions of Compliance by a registered and insured RIAI Architect.

What is the 7 year rule?

 

Local Authorities are barred from serving enforcement action on developments that occurred 7 years ago or more; however, this does not give permission by default.

It is likely that solicitors will still seek retention permission for such unauthorized 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 suspend the enforcement until the application has been completed. If permission is granted the enforcement file can be closed.

How to start?

Fill out the contact form with your property address,  email address, name and number and we will then contact you and commence the application.

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