When do you need retention permission?
Check whether work built without permission needs retention, what it costs and when the council must refuse to consider an application.
Stage 2: Design and planning permission
Planning permission normally lasts five years from the grant. Check your expiry date, what unfinished work means and when to apply for an extension.
Planning permission normally lasts five years from the date of the grant. If you will not finish in time, apply for an extension before it expires; the ordinary extension route requires work to have started and substantial works to have been carried out.
Read the period on your own permission and check the expiry date with your council or planning consultant. The Planning and Development Act 2000 is being amended and replaced in stages by the 2024 Act, so the rules affecting your dates need checking before you rely on them.
Section 40 sets the usual period at 5 years beginning on the date of the grant. The council can fix a different period in the permission, so use the grant itself when making your programme.
What happens at expiry depends on how far you got:
Section 40 has exceptions, including permission to keep an existing structure (retention) and certain supporting works for completed buildings. Ask your planning consultant whether any unfinished work falls within an exception. If your permission is temporary, it still ends on the date stated in it. Expiry does not end a use of the land that is already permitted. Conditions attached to a completed development still apply.
You can seek up to 5 more years under section 42. The council must extend the period if all these requirements are met:
The two-year application limit replaced the former one-year limit on 20 July 2026 (S.I. 330/2026). An older council form may still show the previous rule.
The council may attach conditions, including a financial guarantee to help ensure the works are finished. It aims to give its decision within 8 weeks of receiving a valid application. An extension can be granted at most twice, and the two together cannot exceed 5 years.
Don’t leave it late
The application must be made before the permission expires. If you are close to the date and have only started groundworks, ask your design team now whether the works so far count as substantial.
Section 42(1A) introduced a special extension of up to 3 years for uncommenced housing. Section 28 commenced on 1 August 2025, starting a six-month application window. That application window has closed. Do not plan a new application around it. If you already received an extension under this route, see “If you already have the special housing extension” below.
These are hypothetical examples of the ordinary extension rules. Confirm the law and your actual expiry date before applying.
Permission is granted on 14 March 2026, so the 5 years end in March 2031. The grant date is day one: the calculated last day is 13 March 2031, subject to the grant and any duration changes. Use the final grant, not the earlier council decision to grant or the date your application was validated.
You pour foundations in 2029, then run short of funds. In early 2031 the shell is half up. You can seek an extension of up to 5 years within the application window. The council must still be satisfied about commencement, substantial works and your proposed completion time; a half-built shell does not guarantee approval. Without an extension, the part not completed by March 2031 loses permission and needs a new application.
Suppose you have the same grant, but hold the site and never break ground. Under section 40(1) the entire development lapses in March 2031, and the ordinary section 42 extension is not available because it requires commencement and substantial works. The special application window for housing not yet started has closed. Discuss a fresh application with your planning consultant.
You get 3 years on the first extension. You can apply once more, but only for up to 2 years, because the two together cannot exceed 5 years.
There is no universal checklist of building stages that satisfies section 42. You must have carried out substantial works under the permission within its current valid period. Do not assume that clearance, a trench or foundations will satisfy the test for your development. Ask your architect or engineer to describe the actual works and dates, and discuss the evidence with the planning authority. Dated photographs, inspection records and invoices can help support that account; they do not guarantee an extension.
For a permission already extended under section 42(1A):
A new section 42 application must precede expiry. If you applied in time but are awaiting a decision, ask the council and your adviser about your position before continuing work. If the permission has expired without an extension and part of the house is built, the unfinished part is no longer authorised by that permission. You would need a new application for the remainder, and for anything built outside a valid permission you may need retention. Talk to a planning consultant before building further, and budget for a new application fee and a fresh decision period.
The Planning and Development Act 2024 is being brought into force in stages. Its replacement for section 42 is not yet in force; do not assume the change will restart your permission’s clock. Ask your planning consultant which rules apply and have the expiry date confirmed. If the permission was challenged in court (judicial review), section 180 of the 2024 Act can affect its duration through a formal notification procedure. Ask your consultant and council to confirm the required notices and resulting expiry date rather than simply adding 5 years to the grant.
See how to apply for planning permission and the fee. Retention of an unauthorised build is a separate route.
On the date permission is granted, not the date you applied. The usual period is five years from that date, unless the council set a different period in the permission under section 40.
The whole permission ceases to have effect. The special 2025 route for uncommenced housing had a six-month application window, which has now passed. Ask a planning consultant about a fresh application and confirm the actual expiry date first.
Only the part of the development not completed within the period loses permission. Work lawfully done under the permission before expiry stays valid, and the extension route in section 42 exists for this case.
Yes. It must be satisfied that you commenced before expiry, carried out substantial works and will complete within a reasonable time. It can also attach conditions such as a financial guarantee to help ensure the works are finished.
Last reviewed 21 October 2026. Rules and figures change, so confirm anything important with the source before you rely on it.
This guide is general information about self-building in Ireland, not financial, legal or insurance advice. Get advice that fits your own situation before you make decisions.