Planning and Development Legislation in Ireland
Planning and Development legislation in Ireland is complex and its interpretation and implementation is not always consistent. As a general summary, planning legislation applies if structural works (changes, alterations, extensions), or a change of use to the property, occur after 1st October 1964, under the Local Government (Planning and Development) Act 1963 and subsequent acts.
For example, simple alterations or additions to a property (e.g., small rear extension, attic conversion, shed) that appear to be “Exempt Developments” are all subject to Article 9 “Restrictions on Exemption” of S.I No. 600/2001 – Planning and Development Regulations, 2001.
This means that simple changes that appear to be an exempt development would not be classed as an exempt development if there is any non-compliance issue/s with an existing Grant of Planning Permission for the property or if the change /addition contravenes Article 9.
What we provide
Where required, we provide two options to reply to planning-related queries, which satisfy most of the solicitors we correspond with. The options are: –
- PCIT Prima Facie Review – a desktop review of planning documents provided to us. Fee from €150 + VAT.
- Planning Consultancy – an examination of planning documents at the relevant Local Authority, together with an inspection of the site to check if planning conditions are adhered to. Fee from €495 + VAT.
Any planning permission concern with a property, no matter how small, can lead to significant legal fees and associated planning costs if Article 9 “Restrictions on Exemption” is not understood and considered before any advice is provided to a client. We do not provide verbal or written advice, related to planning, before considering all relevant information pertaining to the property.
(PCIT) Prima Facie Review in more detail
Please read the information below to clarify if this is the service you and/or your solicitor require.
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Summary of Service
This service provides a desktop review of documentation submitted based on the first impression of the engineer. Prima Facie* = “at first look” -
What is included?
A desktop review of the planning documentation and/or certificates submitted to us. -
What does the client get?
A Prima facie / indicative written reply to the client/solicitor outlining: – The relevant planning documents, certificates that have been provided have been examined. Findings, i.e., the engineer’s Prima Facie view on whether the planning documents / certificates provided appear to be in order. Direction on what third party compliance certificates should be requested. -
When is it suitable?
This Prima Facie service is not suitable if no planning documentation / third party certification has been provided to your solicitor. The Law Societies (Pre-Contact Investigation of Title) process requires that all relevant planning documentation is made available to the purchases solicitor before contracts are exchanged. The Prima Facie is a desktop review of this documentation. When your solicitor is satisfied with the documentation provided but still requires an overview / comment on the planning documents provided by the vendors solicitor. -
Limitations of the service
No visit to the Local Authority planning office included. No site visit to the property included. Further investigation (A Planning Consultancy) may reveal information which could change the opinion given by the engineer in a prima facie review. -
How do I decide?
Consult with your solicitor -
Cost
From €150 + VAT
Planning Consultancy in more detail
Please read the information below to clarify if this is the service you and/or your solicitor require.
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Summary of Service
A Planning Consultancy can answer specific planning-related queries from a client / solicitor, following a review of the planning files at the Local Authorities office and a visit to the relevant property. The Planning Consultancy will report on if you can rely on the third documents submitted and the planning status of the property. -
What is included?
A review of the planning / compliance documentation provided by your solicitor. An inspection of planning files at the local authority planning office to review all relevant files and drawings for the property. A visit to the property to check if all relevant planning conditions are adhered to. -
What does the client get?
A detailed written reply to client / solicitor which can be relied on for conveyancing purposes, outlining: The documents, reports, etc. that have been examined. Planning files found at the Local Authority planning office. The planning status of the property. Information on whether certificates or opinions provided by third parties are acceptable. Direction on what third party compliance certificates should be requested. Ability to answer other specific planning permission queries that may be raised. -
When is it suitable?
When your solicitor requires certainty in relation to the planning queries / documents for conveyancing purposes. When no, or limited planning documentation, has been provided by the vendor’s solicitor to the purchaser’s solicitor and an examination of the planning status and compliance of the property is required. When your solicitor is Not satisfied with the documentation provided by the vendors solicitor and needs direction on what planning documentation is / maybe needed. -
Limitations of the service
In about 99% of cases we should be in a position to answer planning related queries that can be relied on for conveyancing purposes, however we cannot warrant the completeness of the planning files available from the Local Authority as this is outside of our control. -
How do I decide?
Consult with your solicitor -
Cost
From €495 + VAT
Additional Services
On foot of the findings within the (PCIT) Prima Facie Review or Planning Consultancy* services one or more of the following services may be required: –
- An Opinion on Compliance for an Exempt Development.
- An Opinion on Compliance with Planning Permission.
The cost of any additional service will be quoted if required.
We recommend that you seek the advice of your solicitor before any service is booked.
Get a Quote or Book
To get a quote/book either the PCIT Prima Facie Review or the Planning Consultancy service just click below. Or if you prefer you can check our website or call our friendly Customer Care team. Our Customer Care can also be contacted on 01 628 1040 or 0818 787839.