New amendments to planning legislation to help unlock existing planning permission potential

On 1 August 2025, the Planning and Development (Amendment Act) 2025 came into force (the Planning Amendment Act 2025). The Planning Amendment Act 2025 brings in a number of important updates to Irish planning law to help developers maximise the use of existing planning permissions for residential development. It makes changes to both the Planning and Development Act 2000 (the 2000 Act, which is still largely in force) and the Planning and Development Act 2024(the 2024 Act, which has not yet been commenced fully and is coming into operation on a phased basis).

The Planning Amendment Act 2025 brings in three key changes:

1. Extensions for un-commenced housing

For a limited time, where a residential housing development has not yet commenced, an application to extend the life of the planning permission by up to three years can be made under the newly inserted section 42(1A) of the 2000 Act.  An application for extension must been made (i) before but not earlier than two years before expiry of the permission and (ii) not later than six months from 1 August 2025.  To avail of this new extension, the planning authority must be satisfied that the development will be completed within a reasonable time. Unlike other extension of duration applications, there is no requirement to have first completed “substantial works” to gain the extension.  This three year extension of permission will expire if development has not commented within 18 months of 1 August 2025. It appears that, in order to help ensure that housing is completed in good time, developers cannot apply for a five year extension under section 42(1) following the commencement of development if they already availed of the extension under section 42(1A) . However, it will instead be possible to make an application to extend by up to two more years under section 42(4A) (i.e. a total of five years extension where development has not commenced and the usual criteria complied with).   

2. Suspension of time for planning permission during judicial review

Section 180 of the 2024 Act was brought into force on 1 August 2025 and is a new provision for Irish planning law. It provides for the life of certain types of planning permissions to be suspended during judicial review proceedings, subject to certain notification requirements. This is to help avoid situations where, because of the limited timeframe to implement a planning permission, it is not possible to complete a development as a result of legal proceeding having been issued.

The Planning Amendment Act 2025 reframes and extends this provision to planning permissions granted under the 2000 Act. In certain cases, it allows for retrospective applications to be made for the time spent in judicial review proceedings to be discounted from the life of the permission. That would have the effect of extending it. This provision can only be used where the development did not substantially commence (excluding certain works for maintenance, security and protection) while the judicial review proceedings were active.

3. Modification of permission for residential development

The holder of a permission for residential development will now be able to submit certain modifications or revisions to the local authority to obtain a certificate that such changes are permitted. Any development carried out under such a certificate will not be “unauthorised development”. It will not be possible to apply for a certificate if development has already commenced, if environmental assessment is required, or if the change would result in a breach of the dwelling numbers of a planning scheme in a Strategic Development Zone. The purpose of this provision is to “facilitate and encourage expedited construction of greater number of dwellings in apartment complexes” than already permitted. This is intended to be an alternative to a full revision of a planning permission. There is no appeal to An Coimisiún Pleanála. A decision must be made on the certificate within eight weeks. Any such certificate could be challenged by judicial review within eight weeks.

These changes reflect the Government’s priority to seek to get more homes built faster and to prevent further delays to the construction of developments which have the benefit of a permission.

For more information in relation to this topic, please contact Alison Fanagan, Consultant, Chris Stynes, Senior Associate or any member of ALG's Environment & Planning team.

Date published: 6 August 2025