Planning Permission vs Building Regulations in Ireland: What Is the Difference?
When carrying out building work on a property in Ireland, two terms you will regularly come across are planning permission and building regulations.
Although they are related, they are not the same thing.
Understanding the difference is important for homeowners, property buyers and anyone planning an extension, renovation or other building project. Having planning permission does not automatically mean that every aspect of a building complies with building regulations.
What Is Planning Permission?
Planning permission controls how land and property can be developed.
If you want to construct a new building, extend an existing property or make certain changes to a property, you may need permission from the relevant local authority.
Planning considerations can include matters such as:
The location of the development
The size and scale of the proposed works
The appearance of the building
The impact on neighbouring properties
Access and parking
Site considerations
The appropriate use of the property
Planning permission is therefore primarily concerned with whether a proposed development is acceptable from a planning perspective.
What Are Building Regulations?
Building regulations deal with how a building is designed and constructed.
They are intended to ensure that buildings meet required standards relating to areas such as structural safety, fire safety, ventilation, energy performance, accessibility and other technical requirements.
In simple terms, planning permission is concerned with whether you can carry out a particular development, while building regulations are concerned with how the building work needs to be carried out.
Can You Have Planning Permission Without Building Regulations Compliance?
Yes.
Planning permission and building regulations are separate requirements.
A planning application may be granted for an extension, for example, but the construction work must still comply with the applicable building regulations.
Similarly, complying with building regulations does not mean that planning permission was not required.
This distinction is particularly important when dealing with older properties or properties that have undergone extensions and alterations over time.
Why Does This Matter When Buying a Property?
Planning and building compliance can become particularly important during a property transaction.
A buyer's solicitor or lender may request documentation relating to planning permission, compliance and the construction of the property.
If there are differences between the approved plans and the property as it currently exists, these may need to be investigated.
Examples could include:
An extension that differs from the approved plans
A converted attic
Changes to the layout or structure
Alterations to windows or doors
Additional structures on the property
Changes made by previous owners
This is one reason why professional property checks can be valuable before purchasing a home.
What Happens If Work Was Carried Out Without Planning Permission?
If development was carried out without the required planning permission, the property owner may need to investigate whether planning retention is required or whether another planning route is available.
The correct approach depends on the circumstances of the property and the development involved.
It is important not to assume that because work has existed for many years, it automatically complies with planning requirements.
What If Planning Permission Was Granted But the Building Is Different?
This is another situation where professional advice can be useful.
A property may have received planning permission, but the completed development may differ from the approved drawings or conditions.
An engineer can review the available documentation and inspect the existing property to determine what further assessment may be appropriate.
Depending on the circumstances, an Opinion on Compliance or another planning service may be required.
How Can Homeowners Avoid Problems?
If you are planning building work, it is best to consider planning and building requirements before starting construction.
Before beginning work, you should establish:
Whether planning permission is required
Whether the proposed development is exempt
What building regulations apply
What drawings and documentation are required
Whether professional engineering or architectural input is necessary
What documentation should be retained after the work is completed
Keeping proper records throughout a project can also make future property transactions much easier.
Planning and Building Advice in Ireland
Navigating planning and building requirements can be complicated, particularly where a property has a long history of extensions or alterations.
Mulqueen Consulting provides professional engineering and property services including planning advice, planning retention, pre-purchase surveys, snag lists, Opinions on Compliance and other property-related services.
If you are unsure about the planning or building requirements for your property, getting professional advice before starting work can help you understand the process and identify potential issues early.
Contact Mulqueen Consulting on 087 2748603 to discuss your property or building project.
