Yes, land can be bought subject to planning permission, meaning the sale only proceeds, or completes, if a specified planning permission is granted, but the exact terms depend entirely on how the contract is drafted. Buyers should have a solicitor clearly define who applies for permission, what happens if it's refused or conditioned, and how any deposit is treated.
Buying land "subject to planning permission" is a common arrangement in Ireland, particularly for building sites, but it is a contractual mechanism rather than a fixed legal term with one standard meaning. In practice, it usually means the purchase is conditional on planning permission being granted for a specified development within an agreed timeframe, with the contract setting out what happens if permission is refused, granted with unacceptable conditions, or delayed beyond the agreed period.
Key points to negotiate include who submits and pays for the planning application (buyer or seller), what happens to any deposit if permission is refused, whether an appeal to An Bord Pleanála (or its successor body) is required before the condition is treated as unsatisfied, and the precise description of the development the permission must cover. Vague or poorly drafted conditions can lead to disputes over whether the condition has genuinely been met.
Because planning outcomes are uncertain and can take months or longer, especially if appealed, buyers should build realistic timeframes into the contract and get planning and legal advice on the specific site's development plan zoning and any known constraints before agreeing terms.