Planning and Development (Amendment) Act 2025

The Planning and Development (Amendment) Act 2025 (“the 2025 Act”) came into effect on 01 August 2025. The 2025 Act introduces a series of amendments to the Planning and Development Act 2000 (“the 2000 Act”) and the Planning and Development Act 2024 (“the 2024 Act”). Its aim is to support quicker housing delivery and ensure that granted permissions are actively implemented.

Main Changes

Suspension of Time for Planning Permission during Judicial Review

Section 180 of the 2024 Act, as commenced, provides that during the course of judicial review the statutory period for affected permissions is temporarily suspended, subject to the necessary notification requirements.

The 2025 Act extends this measure to permissions granted under both the 2000 Act and 2024 Act. Developers can, in certain situations, seek to adjust the duration of a permission to remove the time consumed by judicial review proceedings. This relief applies only where the development had not substantially commenced during the proceedings.

Extension of Duration for Uncommenced Permissions

The 2025 Act provides that developers holding residential permissions which have not yet commenced may apply for an extension of up to three years under a new section 42(1A) of the 2000 Act.

Applications must be made within six months of 1 August 2025 and no earlier than two years before the expiry of the permission. There is no need to prove that significant construction has commenced. This differs from the current process. However, any permission extended under this section will automatically lapse if development has not commenced within 18 months of 1 August 2025.

Where a developer avails of this mechanism, the standard five-year extension under section 42(1) is not available, although a further one time extension of up to two years may be sought under section 42(4A).

Modification Procedure for Residential Permissions

The 2025 Act also introduces a new procedure allowing holders of residential permissions to apply to the planning authority for a certificate confirming that a proposed modification is a permitted modification.

Permitted modifications include changes to apartment mix and proportion, floor areas, window provision, ceiling heights, lifts and stairways, and associated works, provided they comply with the Apartment Guidelines 2025.

Planning authorities must issue certificates within eight weeks, make the decisions publicly available, and while they cannot be appealed to An Coimisiún Pleanála, they can still be contested through judicial review.  A certificate may only be issued where the development has not yet commenced and where neither an Environmental Impact Assessment nor Appropriate Assessment is required. Development carried out pursuant to a certificate will not constitute unauthorised development.

Conclusion
The 2025 Act provides developers with tools to maximise the use of existing permissions, offering extensions for uncommenced projects, safeguards during legal disputes, and a streamlined process for certain modifications.  Developers should review their permissions without delay to determine whether these new provisions can be availed of.

How we can help

If you have any queries or concerns, or would like to discuss the above in further detail, please feel free to contact Rachel Nangle in our Commercial Real Estate Department (rnangle@bhsm.ie / +353 (0)1 440 8342).

This article is for general information purposes.  Legal advice must be obtained for individual circumstances.  Whilst every effort has been made to ensure the accuracy of this article, no liability is accepted by the author for any inaccuracies.