Retention permission: keeping work built without permission
Retention permission is planning permission applied for after the work has been done, to keep development that needed permission but did not have it. Citizens Information describes it as the route when a genuine mistake has been made. It is not guaranteed: if it is refused, the unauthorised structure has to be demolished.
What the law says
- Retention needs permission too. Section 32 of the Planning and Development Act 2000 requires permission for the retention of unauthorised development, as it does for new development that is not exempt.
- It is applied for like any other permission. Section 34(12C) allows an application for retention under the same permission regulations, so the same steps apply, newspaper and site notices included. Under the Planning and Development Regulations 2001, as amended in 2006, the newspaper notice must say which type of application it is, retention permission being one of them, and the site notice form gives the same choice.
- Some cases cannot be considered at all. Under section 34(12), the council must refuse to consider a retention application where it decides that an environmental impact assessment or an appropriate assessment was or is required for the development. It then returns the application and the fee, with its reasons.
- Work at a house. Section 34(12A) says that, for this rule, development within the curtilage of a house for a purpose incidental to living in it, and modifications to the exterior of a building, are deemed not to have required, and not to require, a determination on whether an environmental impact assessment is needed. It says nothing similar about appropriate assessment.
- No expiry. The 5-year limit of section 40 does not apply to a permission to retain a structure.
Building without permission
Citizens Information states that doing work that needs planning permission without it is an offence, which can carry very large fines and possible imprisonment. Councils are responsible for planning enforcement, and anyone can report suspected unauthorised building to them.
The fee
Retention costs more than an ordinary application. Column 3 of Schedule 9 of the Planning and Development Regulations 2001 sets these retention fees, unchanged since 2001 according to the Legislation Directory (updated to 21 October 2026):
| Retention of… | Fee |
|---|---|
| A house | €195, or €2.50 for each m² of floor space, whichever is greater |
| An extension, conversion or other work to an existing house, or a structure within its grounds | €102, or €2.50 for each m² of floor space, whichever is greater |
For comparison, an ordinary application for the same work costs €65 for a house and €34 for work to a house (all planning fees). If you appeal the council's decision on your own retention application (not commercial, without an environmental report), An Coimisiún Pleanála's fee is €660, against €220 for an ordinary first-party appeal.
Before you apply
If you are not sure whether the work needed permission in the first place, compare it with the 2026 exemptions, or ask the council for a declaration under section 5 of the Act. Retention applications go to the council for the area, by post or email, or online at planning.localgov.ie.
The sections of the Act quoted here are from the Law Reform Commission's revised text, updated to 12 August 2026; the repeal of the 2000 Act by the Planning and Development Act 2024 had not been brought into force at the last update of the Legislation Directory, on 21 October 2026.