IRELAND Law and Practice Contributed by: Diarmuid Mawe, Craig Kenny, Katelin Toomey and William Fogarty, Maples Group
The relevant local authority is the entity respon - sible for controlling land use and occupation. An independent third-party appeals board, the Bord, is responsible for the determination of planning appeals. The 2024 Act aims to modern - ise this area of law and the Bord will be replaced by An Coimisiún Pleanála . See 1.3 Proposals for Reform for further detail on the 2024 Act. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The design and construction of buildings is regu - lated by the Building Control Acts 1990–2020, the Building Regulations 1997–2024 and the Building Control Regulations 1997–2024 (togeth - er, the “Building Regulations” ). The Building Regulations provide for proper building stand - ards, fire safety, workmanship, conservation of energy and access for people with disabilities. 4.3 Regulatory Authorities The relevant local authority is the entity respon - sible for controlling land, building use and occu - pation. The Bord is responsible for the determination of planning appeals. Planning permission is required for any develop - ment of land or property, unless the develop - ment is exempt from this requirement. Planning permission may not be required for certain non- structural works to the interior of a building or for works that do not materially affect the external appearance of the structure. However, an appli - cation to the local authority for a Fire Safety Cer - tificate or a Disability Access Certificate may be required in accordance with the Building Regu - lations.
The Building Regulations require a commence - ment notice to be lodged with the building control authority prior to commencing works, together with plans and specifications, a pre - liminary inspection plan and various certificates and notices. It is an offence not to submit a com - mencement notice, and failure to do so cannot be rectified at a later date. A certificate of com - pliance on completion must be submitted to and registered by the building control authority before the building or works may be opened, occupied or used. Certain licences may also be required, depend - ing on the type of property and the type of devel - opment proposed. 4.4 Obtaining Entitlements to Develop a New Project If the planning authority consents to an applica - tion for planning permission, it will issue a deci - sion to grant planning permission and notify the relevant parties of its decision. An appeal of the decision can be submitted to the Bord within four weeks (such an appeal may be submitted by the parties involved or by third parties). The Bord has a statutory timeframe of 18 weeks from the receipt of an appeal in which to reach a determination. A new planning process was introduced in 2022 for Large-Scale Residential Developments, which involves a pre-application stage, an appli - cation stage and an appeal stage. The Bord must reach a decision on an appeal within 16 weeks (this may be extended in certain circum - stances). Increased housing supply is a focus under “Housing for All” , the Irish government’s housing plan to 2030.
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