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What happens when planning permission expires in Ireland?

When the five-year statutory period lapses without the development being completed, the permission simply ceases to have effect, and any further construction requires either a section 42 extension applied for before expiry, or a brand new planning application assessed under current policy.

Under the Planning and Development Act 2000, a grant of planning permission normally has a life of five years from the date it becomes effective, unless the decision specifies a different period. If the development authorised by the permission has not been completed within that period, the permission lapses automatically - there is no grace period and no automatic renewal, so unfinished works after the five years technically become unauthorised development if continued.

Once lapsed, the only ways to proceed are to apply for an extension of duration under section 42 before the original permission expires (which is only possible while the permission is still live and only where specific statutory conditions, such as substantial works already carried out, are met), or to submit an entirely new planning application once the old one has lapsed. A fresh application is assessed against the local development plan and any planning guidelines in force at that time, which may differ from - and be more restrictive than - the policy that applied when the original permission was granted.

This matters particularly for larger or multi-phase projects, and for sites where zoning, flood risk designation, or other planning constraints may have changed in the intervening years. A site that was straightforward to get permission for five years ago could face a much harder assessment on a fresh application if, for example, it has since been reclassified as being at flood risk or the development plan's zoning objectives have changed.

What to check if your permission is approaching expiry

As the five-year deadline nears, it is worth checking:

  • The exact effective date and expiry date recorded on the grant of permission
  • Whether substantial works have been carried out that would support a section 42 extension
  • Whether the local development plan or zoning has changed since the grant
  • Whether any new flood risk or environmental designations affect the site
  • Whether it is feasible to complete the works before expiry instead of seeking an extension
  • The council's current fee and evidence requirements for an extension application

Acting well before the five-year deadline, rather than close to it, gives the most options if problems with an extension application arise.

Partial completion and phased developments

Where a development has been partly completed, the completed portion generally remains lawful, but any remaining uncompleted elements cannot proceed once the permission has lapsed without either an extension or a new permission covering the outstanding works - a point worth clarifying with the council or a planning consultant on larger or phased projects.

Sources

Last reviewed 20 August 2026. General information only — not legal or planning advice.

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