Hi there, I am living in a house I inherited from my great aunt when she passed away. The house has an extension built onto the back where we have a second sittingroom and an additional bedroom, which my two kids share. We rely on this space heavily, and I would have to move house if we lost it.
I have been seeing more and more stories in the news about extensions and structures without planning permission being served notice to be torn down. I don’t actually know if my aunt received planning permission or not, but I am afraid to check and draw attention in case this addition was illegally erected. How can I handle this situation honestly and legally, but still protect my home and my family?
Thank you for your query. You’re right to take this seriously, but don’t let the worry push you into avoiding the issue altogether. Uncertainty around planning permission is quite common when it comes to older properties, inherited ones included. But let’s look at a few ways we can empower you.
Firstly, the section of the local authority that checks unauthorised development is known as the enforcement section. The enforcement section’s powers are covered under the Planning and Development Act 2000. In general, local authorities can only take enforcement action within a certain timeframe. For unauthorised developments such as certain extensions, this is typically seven years from the date the structure was substantially completed, or 12 years if you had planning but deviated from what was granted.
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If your aunt’s extension has been in place longer than that, it may be considered “immune” from enforcement. That doesn’t mean it was ever authorised, but it does mean it’s unlikely to be subject to a demolition order now.
That being said, “immune” isn’t the same as “regularised”. Issues can still arise if you try to sell the property or remortgage, because solicitors will look for proof of planning compliance. At the end of the day, therefore, you may have to look for retention to ensure your property is sale or mortgage-worthy.
Secondly, your property might not even be in danger. I refer you to the Planning and Development Regulations 2001, Schedule 2, Part 1, Exempt Development – General, Class 1. See if you tick all boxes. If you do, I suggest you check out the planning portal of the local authority and see whether there are planning conditions restricting building on to your house.
[ I am selling my extended house. Do I need a certificate of compliance?Opens in new window ]
You do this by logging on to the local authority website, selecting “planning” and following the prompts to a “record-based planning inquiry”.Select “search by map”, insert your Eircode and your house will come up. Use the icons to select planning permissions on your property.
It’ll take a little time if you haven’t done it before, so don’t panic. If the process is too difficult, you can ask a chartered building surveyor, architect or engineer that deals in planning application submissions for help.
If your house was part of a housing estate, information may be a little complicated. The administrative staff in the local authority’s planning office will also help you as best they can. In spite of what people think, they are not Big Brother waiting to pounce.
Brigid Browne is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland
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