What does subject to planning permission mean in Ireland?

"Subject to planning permission" is a contractual condition, not a defined legal term with a single fixed meaning, and its effect depends entirely on how it is drafted in the sale contract or agreement. Generally, it means that a transaction, most often the sale of a site or land, will only proceed to completion if a specified planning permission is granted for the development described in the contract, usually within a set timeframe.

The clause typically needs to specify what development the permission must cover, who is responsible for submitting the application, what happens if the application is refused, appealed, or granted subject to conditions the buyer finds unacceptable, and how any deposit paid is treated if the condition is not satisfied. Without clear wording, disputes can arise over whether the condition has actually been met.

This phrase appears in various contexts beyond straightforward land sales, including agreements for lease, option agreements, and some development finance arrangements, but the core idea remains the same: the deal is conditional on a planning outcome rather than guaranteed to proceed regardless of it.