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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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My question relates to Irish Building Control Legislation. As

Resolved Question:

My question relates to Irish Building Control Legislation.
As it is a requirement to serve a commencement notice on a Building Control Authority a min. of 14 days & no more than 28 days prior to starting works, is it possible to serve a commencement notice in advance of receiving a Final Grant of Planning Permission so that the commencement of the development can be programmed to happen once the final grant of planning permission has been received.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. At the outset, until such times as you receive a final grant of planning permission, you have no authority to carry out works, so any commencement notice served prior to the grant of planning permission is invalid and unlawful. So this course of action is not possible.
2. Secondly, the appeal period, during which an appeal can be taken to an Bord Pleanala is 21 days, so once planning permission has been granted, you can issue and serve a commencement notice designed to start works on the day after the planning permission becomes operative. A planning permission does not become operative until the day after the relevant appeal period has elapsed. However, you can lawfully commence works the day the planning permission becomes operative. So you should be seeking to issue a Commencement Notice the day after you receive planning permission to start works on the 22nd day after the day of receipt of planning permission as this will be the first day on which you can lawfully commence works.
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Buachaill, Lawyer
Satisfied Customers: 8436
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your response.
I just wish to have some points clarified.
Am i correct to interpret that;
1. Whilst it is not lawful to commence works prior to receiving a final grant of planning permission it is not unlawful to serve a commencement notice on a Building Control Authority prior to receiving the final grant once it is served after receiving a decision to grant planning permission.
2. Am I correct in my understanding that the appeals period is 4 weeks from the date of the planning authorities decision to grant planning permission.
3. Your referral to 'grant of planning permission' equates to the planning authorities 'decision to grant planning permission'?
4. Am I correct to deduce that a planning permission becomes operative the day the final grant of planning permission is due i.e. four weeks from the date of the decision to grant planning permission provided there has been no appeal to an Bord Pleanala & regardless of whether the planning authority has processed/issued paperwork confirming the final grant.


Expert:  Buachaill replied 1 year ago.
3. The Answers to your Questions are as follows:
1. YOur Question is circuitous and confusing. It is not lawful to serve a Commencement Notice on a local authority unless you have a grant of planning permission to back it up. Works can only begin 29 days after the decision of the planning authority granting permission as this is the date when the planning permission becomes operative, so any Commencement Notice can only refer to a day after this date.
2. The appeal period is 28 days.
3. The grant of planning permission occurs when the decision of the planning authority issues.
4. 29 days after the day of decision of the local authority, the planning permission can be used. This is the day planning permission becomes operative.

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