Extension of Duration of Planning Permission

Extensions of duration of permissions for un-commenced housing development

Section 28 of the Planning and Development (Amendment) Act 2025 (Act of 2025) inserts new provisions into section 42 of the Act of 2000 allowing for extensions of duration of un- commenced permissions for development of one or more houses. Under new subsection (1A) of section 42, where such a permission has not commenced within its appropriate period, a planning authority shall extend the appropriate period by such additional period (not exceeding 3 years) as the planning authority considers necessary to enable the development concerned to be completed. This is subject to the application being made— 

  • before, but not earlier than 1 year before, the expiry of the permission, and
  • not later than 6 months after the commencement of section 28 of the Planning and Development (Amendment) Act 2025 (i.e. from 1 August 2025).

 and that the planning authority is satisfied the development will be completed within a reasonable time.

 An extension of the appropriate period under subsection (1A) ceases to have effect if the development is not commenced within 18 months of section 28 of the Planning and Development (Amendment) Act 2025 coming into operation (i.e. from 1 August 2025).

 A person who avails of an extension under this new subsection (1A) for un-commenced housing development cannot subsequently seek a further extension under subsection (1) (which applies to commenced development with substantial works carried out). Subsection (4A) allows for housing development permissions already extended under subsection (1A) to be further extended by an additional period as the planning authority considers requisite to enable the development concerned to be completed, provided that—

  • an application is made before, but not earlier than 2 years before, the expiry of the permission, and
  • the planning authority is satisfied that –
    • development was commenced before the expiry of that permission’s appropriate period,
    • substantial works were carried during that period, and
    • the development will be completed within a reasonable

 This further extension under subsection (4A) can only be availed of once and the combined duration of the extensions of the appropriate period under subsections (1A) and (4A) shall not exceed 5 years.

Strategic Housing Development

The Act of 2025 amends section 42 of the Act of 2000 to clarify that ‘permission’ includes Strategic Housing Development (SHD) permissions, so that SHDs can avail of extensions of duration under section 42 of that Act.

 Transitional provision in Act of 2024 - Continued application of section 42 of Act of 2000 until 2027

Under Section 140(14) of the Planning and Development Act 2024 (Act of 2024), notwithstanding the repeal of section 42 of the Act of 2000, section 42 and section 43 of the Act of 2000 will continue to apply and have effect in relation to—

  • a permission granted under the Act of 2000, and
  • SHD permissions.

This applies for a period of 3 years that commenced on the passing of the Act of 2024 (i.e. from 17 October 2024).

 Planning and Development (Extension of Duration – Planning and Development Act 2000) Regulations 2025

 Chapter 3 of Part 4 of the Planning and Development Regulations 2001 (Planning Regulations) is amended by the Planning and Development (Extension of Duration – Planning and Development Act 2000) Regulations 2025 with effect from 2 August 2025 to provide for the necessary procedures and requirements as will apply to extensions of duration of un-commenced housing development under section 42(1A) or further extensions under section 42(4A). The new Regulations also make technical amendments to Chapter 3 to remove references, and revoke provisions, related to spent or repealed provisions of section 42 of the Act of 2000.

IMPORTANT NOTICE

Please note recent legislative changes have altered the criteria with respect to the assessment of Section 42 Extension of Durations. There are currently two different methods of extending the duration. You are advised to familiarise yourself with the criteria for each in advance of any application.

Related Files:

Extension of Duration of Planning Permission

Information Documents

Circular PLR 02-2025 - Extension of duration for un-commenced housing development

SI No 378_2025 - Extension of Duration – Planning and Development Act 2000, Regulations 2025

SI No 379_2025 Planning and Development Act 2024 (Commencement) (No.3) - Order 2025

SI No 380_2025 Planning and Development (Amendment) Act 2025 (Commencement) Order 2025

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