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Extension of duration

Please be aware that applications for the Extension of Duration of Planning Permissions (under section 42 of the Planning and Development Act 2000) are subject to new provisions in the Planning and Development (Amendment) Act 2021 (effective 09 September 2021).

Initial Extension of Duration
  1.  In accordance with the Planning and Development Regulation 2001-2021 (as amended), the following requirements apply: 
    • An application to extend the Duration of a planning permission may be duly made prior to the end of the appropriate period
    • An application for an Extension of Duration can be considered only where:
      • Substantial works are carried out or will be carried out pursuant to the permission before the expiration of the appropriate period
      • Environmental Impact Assessment (EIA) is not required
      • Appropriate Assessment (AA) is not required
Further Extension of Duration
  1. Planning and Development Regulations 2001, as amended by Planning and Development Amendment Act 2001(Commencement) No.2 Order 2021 which commences Section 7 of the Planning and Development Amendment Act 2021, provides for further extension of the appropriate period of a planning decision by an additional period of 2 years or until 31 December 2023 whichever first occurs. The following requirements apply as set out in Section 42(1B):
    • The development has commenced
    • Substantial works have been carried out
    • Environmental Impact Assessment (EIA) is not required
    • Appropriate Assessment (AA) is not required.
  2. In accordance with the Planning and Development Regulations 2001, as amended, the following requirements apply:
    • An application to extend the Duration of a Permission for those which are not expired must be made within one year before expiry. 

      NOTE: Application for Extension of Duration can however be made for permissions which have expired between the dates of 8 January 2021 and 8 September 2021.

    • Where a proper and complete application is received, a decision must be conveyed to the applicant within eight weeks, except where additional necessary information is required per Article 44(C) of the Planning and Development Regulations 2001, as amended.
    • The additional period of up to 2 years or until 31 December 2023, whichever first occurs, relates to applications to further extend the appropriate period as extended under the provisions of Section 42 of the Planning and Development Act 2000, as amended

N.B. These notes are intended for the guidance of applicants only and do not purport to be a legal interpretation of the various Acts and Regulations referred to.

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