PlanningRegister.ie

GUIDES · SHEET 01 · DOING WORK TO YOUR HOME · UPDATED 28 SEPTEMBER 2026

Planning conditions explained: compliance, levies and bonds

Nearly every grant of planning permission in Ireland has conditions. How to read them, what prior to commencement means, levies, bonds and appeals.

KEY FACTS

Statute
Planning and Development Act 2000, s.34 (conditions), s.48–49 (development contributions), s.139 (appeals against conditions only), s.154 and s.157 (enforcement)
Tests
A condition should be necessary, relevant to planning and to the development, enforceable, precise and reasonable (Development Management Guidelines 2007)
Points of detail
Conditions can leave details to be agreed with the council; a disagreement goes to An Coimisiún Pleanála (s.34(5))
Time limit
Enforcement within seven years of the breach, but a condition on the use of land can be enforced at any time (s.157(4))

A grant of planning permission is almost never just a yes. Of the grants decided in the 12 months to 28 September 2026 by the councils whose register says so, 21,340 were recorded as conditional and 299 as unconditional. The conditions are the permission: build something that does not comply with them and the work is not authorised, however closely it matches the drawings. This guide explains how to read the list, which conditions need action before you start, what the levies are, and what you can do about a condition you think is wrong.

Reading the grant

The decision lists numbered conditions, each followed by a reason. They fall into a few kinds:

  • Plans and particulars. Condition 1 almost always says the development must be carried out in accordance with the plans and particulars lodged, as amended by any further information. It ties the permission to the drawings.
  • Design and use. Materials, finishes, window glazing, the height of a boundary wall, a ban on using a garden room as a separate dwelling, an occupancy condition on a one-off rural house.
  • Construction. Working hours, dust and noise control, a construction management plan, a surface water design.
  • Money. A development contribution under section 48, sometimes a supplementary one under section 49 (a Luas or rail line), and for estates a bond or cash deposit as security for finishing roads and services.
  • Details to agree. A condition that says a matter shall be "submitted to and agreed in writing with the planning authority". Section 34(5) of the Planning and Development Act 2000 allows this for points of detail; if you and the council cannot agree, either can refer the point to An Coimisiún Pleanála.

The Development Management Guidelines (2007) say every condition should be necessary, relevant to planning and to the development, enforceable, precise and reasonable. A condition that fails those tests is worth a second look.

"Prior to commencement"

The conditions that catch people out are the ones that start with "prior to commencement of development". They need something done and, often, agreed in writing by the council before the first spade goes in: a landscaping plan, a drainage design, details of materials, a contribution paid, a bond lodged, an archaeologist appointed. Work that starts before they are discharged is in breach from day one.

The usual route is a compliance submission: a letter and drawings to the planning department quoting the file reference and the condition number. Councils answer in writing, and many now put compliance submissions on the register beside the application. Keep every letter. The architect who signs the certificate of compliance at the end will ask for them, and so will a buyer's solicitor years later.

Starting also has a building-control step: a commencement notice to the Building Control Management System between 14 and 28 days before work begins. It does not discharge a planning condition.

Development contributions

Every council has a development contribution scheme under section 48 that sets a charge per square metre or per unit for roads, water, parks and community facilities. The condition names the amount, often index-linked, and when it is due, usually before commencement. Many schemes exempt small domestic extensions; the rate and the exemptions differ from council to council, so read your own council's scheme before you budget. A supplementary contribution under section 49 applies only inside the area of a named project.

For a larger scheme the council may also require security, a bond or a cash deposit, so that it can finish the roads, lighting and footpaths if the developer does not. Estates are "taken in charge" once the council is satisfied, and the security is released.

Appealing a condition

If you want the permission but not one of its conditions, you can appeal the conditions alone. You have four weeks from the council's decision and pay the appeal fee to An Coimisiún Pleanála. Under section 139 the Commission can then deal with the conditions only, rather than re-deciding the whole application, where it considers that is warranted. It can also leave the conditions as they are, or make them stricter.

Anyone else who made a submission can appeal the whole decision in the same four weeks. The final grant issues only after the appeal period has passed with no appeal, or after the Commission decides.

When conditions are not complied with

Development that does not comply with a permission or its conditions can be the subject of a warning letter and an enforcement notice under section 154. The general time limit is seven years from the breach, but section 157(4) lets a council act at any time on a condition about the use of land: an occupancy condition, or a garden room kept ancillary to the house. On a sale the question comes up as part of the planning search and the certificate of compliance.

Check the register near you

Every application page here shows the council's decision, and the register entry links to the full grant with its conditions. The Explorer lists what was granted near an address; the deadlines page shows appeal windows that are still open.

Figures from the register on 28 September 2026 (the live callout refreshes hourly); law checked 28 September 2026. The Planning and Development Act 2024 is replacing the 2000 Act in stages; check with the council or a planning consultant before relying on this.

Frequently asked questions

What does "prior to commencement" mean in a planning condition?

The condition must be complied with, and usually agreed in writing with the council, before any work on the development starts. Starting first puts the development in breach of its permission.

How do I comply with a planning condition?

Send a compliance submission to the council's planning department quoting the file reference and condition number, with the drawings or details the condition asks for. Wait for the council's written agreement where the condition requires it, and keep the correspondence.

Can I appeal just one condition of a planning permission?

Yes. You can appeal the conditions alone to An Coimisiún Pleanála within four weeks of the council's decision. Under section 139 the Commission can deal with the conditions only, but it can also keep them or make them stricter.

What is a development contribution?

A charge set by the council's development contribution scheme under section 48 of the Planning and Development Act 2000 towards roads, water, parks and community facilities. The condition states the amount and when it is due, usually before commencement.

What happens if I do not comply with a planning condition?

The council can issue a warning letter and then an enforcement notice under section 154. The time limit is usually seven years from the breach, but conditions about the use of land can be enforced at any time.

Sources

  1. 01Planning and Development Act 2000 — ss.34, 48, 49, 139, 154, 157https://www.irishstatutebook.ie/eli/2000/act/30/enacted/en/html
  2. 02Planning and Development Regulations 2001 (SI 600/2001)https://www.irishstatutebook.ie/eli/2001/si/600/made/en/print
  3. 03Citizens Information — Planning permissionhttps://www.citizensinformation.ie/en/housing/planning-permission/
  4. 04An Coimisiún Pleanála — appeals and referralshttps://www.pleanala.ie/

General information about the Irish planning system, not legal advice. Published 28 September 2026, updated 28 September 2026. Live figures are computed from the Planning Register database when the page is built (at most an hour old); everything else is cited to the statute or the official page. Check with the council or a planning consultant before acting on a deadline.