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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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A small extension built to a restaurant in 2003 is now deem

Customer Question

A small extension built to a restaurant in 2003 is now deem illegal y council and have told me to apply for retention
Are they correct
Thought it would now be exempt
Permitted by default ?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 2 years ago.
They cannot at this point enforce any action on your part in relation to the extension. They are statute barred from from serving enforcement proceedings on you after a period of 7 years. This does not make it compliant for planning planning legislation. You are not required to apply for planning retention but it may cause you difficulty in relation to mortgages from bank, future applications for planning and sale of the property at a later stage.
If you believe it's an exempt development then you should engage an engineer to assess the structure and prepare a certificate of exemption for you which you can furnish to the client.