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What is Retention Permission?

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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.

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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.

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The process is the same as with regular planning permissions:

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• 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.

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Who are we and what we do?

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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.

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

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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.

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It is likely that solicitors will still seek retention permission for such unauthorized developments to regularise the title deeds of the property.

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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. 

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If you consider it exempt or compliant the Local Authority inspector will open a file and investigate the development in person.

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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.

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How to start?

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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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