Planning to sell but made changes to your home, such as an attic conversion, an extension, or a garden room, without formal permission or building certification? These may be considered unauthorised works.
You are not alone. Many homeowners find themselves in this position. The good news is that there are often clear legal steps to resolve it. It is important to act early, before your property goes on the market.
You are not alone. Many homeowners find themselves in this position. The good news is that there are often clear legal steps to resolve it. It is important to act early, before your property goes on the market.
What Counts as “Unauthorised Works”?
Unauthorised works refer to any development or use of land that requires planning permission but has been carried out without it, or in breach of the conditions attached to that permission. These works are considered an offense under planning legislation and can lead to enforcement action by local authorities.
According to local planning authorities and the Irish Statute Book, unauthorised works include:
- Construction or development without required planning permission
- Structural alterations or building modifications without approval
- Changes in land or property use not in line with permitted use
- Breaches of conditions attached to previously granted planning permission
How Long Ago Were the Works Completed?
Timing is crucial because it determines what legal routes are available.
Works Completed Over 7 Years Ago:
Under Irish planning law, local authorities cannot generally take enforcement action after 7 years from the date the works were completed. However, to satisfy buyers and mortgage lenders, you may still need to provide proof. This typically involves an Architect’s Declaration of Planning Status or a Planning Consultant’s Report.
Please note that due to temporary changes during the COVID-19 period, the actual cut-off date is extended. The safe period now is closer to 7 years and 119 days.
Works Less Than 7 Years Ago:
If the unauthorised works were completed more recently, there is still a risk of enforcement. In these cases, you may need to apply for retention planning permission, which is essentially planning permission after the fact. This process can take a few months and should be started as early as possible.
What About Building Regulations?
Even where planning permission is not required, works must comply with Building Regulations. If you do not have a Certificate of Compliance, an architect or engineer will need to inspect the property and, if satisfied, issue a retrospective certificate.
Since October 2023, local authorities now have up to 10 years to take enforcement action on non-compliance with Building Regulations. This makes proper certification more important than ever.
Why This Matters
Unresolved unauthorised works can:
- Discourage potential buyers
- Delay mortgage approvals
- Lead to price renegotiations
- Cause a sale to fall through
When addressed early, most of these issues can be resolved. The key is preparation and professional advice.
How We Can Help
Our conveyancing team has extensive experience assisting clients with unauthorised works. We can:
- Assess your planning and compliance status
- Coordinate with your architect or engineer
- Advise on whether retention planning permission is required
- Help you prepare legally and practically for a smooth sale
If you are unsure where you stand, we are happy to advise. Contact us today at Anthony Joyce & Co Solicitors for a no-obligation consultation and we will guide you through your next steps with clarity and confidence.
