Retention of Planning Permission

Retention Planning Permission of unauthorised development.

An unauthorised developments is a building work which are not exempted from Planning Regulations. These type of buildings require a retention of planning permission be lodged with the local authority i.e Kerry County Council.

At TMG Architect Services we have a lot of experience in making Retention Planning Applications and we  are very experienced in all manner of unauthorised additions, we have an excellent track record. We specialise in turning your Retention Planning Application around in as quick a time frame as possible.

Retention permission is usually sought for minor domestic additions that need to be corrected, these issues range from unauthorised rear extensions or large garden sheds / the addition of a front porch / the removal of front garden walls etc.

Unauthorised development requires a retention application to be lodged with the local authority. A retention application is no different from lodging a planning application and involves the same process.

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

  • any work needing permission with no planning permission in place
  • where planning permission was granted but is not being carried out in accordance with the plans lodged or conditions of the planning permission granted.


Building that are Exempted of Planning Developments

Exempted 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.

Some helpful reading in relation to planning permission

Time Limits for Taking Enforcement Action

Under the Planning & Development Act 2000-2010 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 commenced prior to March, 2002.


Cost of Retention Application in Kerry

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. Which is €102 approximately 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 your location

At TMG Architect Services in Kerry, we can can prepare your Retention Planning Application, including a Compliance Certificate on completion which will regularise your situation, in preparation for sale if needs be. Contact us