People often phone us for advice about retention planning permission and ask specifically about the ‘seven year rule’, or some other version of this idea. Below, I’m going to discuss the ‘seven year rule’, what it means, and clear up some misunderstandings surrounding it.
What Counts as ‘Development’ Under the Planning Regulations?
When you build new work, or extend or alter an existing property in any way, this is generally classed as ‘development’ under the planning regulations. Some minor works are classed as ‘exempted developments’, which, as the name suggests, are exempt from planning permission. All other development requires planning permission. If a piece of ‘development’ is not exempt, it requires planning permission in ALL cases. This is very clear in the regulations.
But what about the ‘seven year rule’, I hear you cry!
What Is the Seven Year Rule?
The so-called ‘seven year rule’ is something of a misnomer. It comes from the understanding, or in some instances the misunderstanding, of the statute of limitations as it applies within planning legislation in Ireland. The understanding is that once seven years have elapsed, the planning authority (the County Council) is statute barred from taking enforcement proceedings against an unauthorised development that would otherwise have required planning permission.
Does the Seven Year Rule Mean You Have Planning Permission?
It is true that the council can be statute barred, but this does NOT mean that you have planning permission. The fact that the planning authority no longer has the right to pursue enforcement of a breach of the Planning Regulations does not mean that the owner automatically has planning permission.
Why the Seven Year Rule May Not Help When Selling or Financing a Property
But what difference does it make, I hear you say, if the council can’t do anything about it? That is the case, but when you go to sell or finance a property with an ‘unauthorised development’ that needed planning permission in the first place, you may find that the ‘seven year rule’ is of no use at all.
The Importance of a ‘Clean’ Title
When a solicitor acts for someone looking to raise finance on a property, or for the purchaser of a property, the solicitor must ensure that the title is ‘clean’ and give an undertaking to that effect to any lending institution involved in the transaction.
If the property does not have the proper planning permissions in place, a ‘clean’ title will not be available. As a result, the person selling the property, or the person trying to raise finance on it, will find that they are stuck.
The Solution: A Retention Planning Application
In this situation, the only available option is to regularise the matter through a retention planning application, so that you are in a position to have a ‘clean’ title.
In conclusion, the fact that something was built more than seven years ago does not mean the same thing as having planning permission in the first place. For further information or help on this topic, visit our page on Retention Planning Applications.
About JEArchitecture
JEArchitecture specialises in the bespoke design of extensions, one-off houses and residential developments. We understand our clients’ needs, and in response we offer flexible, convenient appointments and payment terms. At all times we adhere to top-quality best practice, regulations and the highest professional standards. Our signature style is Traditional Form with Contemporary Detailing.