Majella Galvin: Planning issues could wreck your house sale—here's how to fix them

Here are the steps needed if you're 'in a chain' and an issue arises with one part of the process

I added on an extension more than 10 years ago. My builder at the time said I didn’t need planning permission.  Now a surveyor’s report has raised issues relating to planning compliance at my property. What can I do?

DEAR Majella,

My home went sale agreed just over a month ago.

Shortly afterwards, I paid a booking deposit and agreed a purchase on another property. Everything seemed to be progressing well.

However, I was recently informed by the estate agent that my buyers are no longer proceeding due to issues raised in a surveyor’s report relating to planning compliance at my property.

This concerns the size of an extension I added on more than 10 years ago. My builder at the time said I didn’t need planning
permission. This has been a complete shock, and I’m extremely anxious about what happens next.

Does this automatically mean I have to pull out of the property I’ve agreed to buy?

Is there any way to resolve planning compliance issues at this stage, or is the sale likely to collapse entirely?

Should I consider putting my house back on the market immediately, or is it better to try to address the issues first? I’m worried about losing the home I’ve agreed to purchase and about the financial and legal implications of the chain falling apart. What is the best course of action in this situation?

Liam

Dear Liam,

Firstly, I want to say I understand how unsettling this must feel.

When your home goes sale agreed and you, in turn, secure another property, there is a huge emotional shift. You begin mentally packing boxes,
planning furniture layouts, and imagining the next chapter. To then receive a call saying your buyer is withdrawing due to a planning issue is deeply stressful.

However, while this is serious, it doesn’t automatically mean the entire chain will collapse.

Planning compliance queries are one of the more common reasons transactions stall at the conveyancing stage.

According to the Society of Chartered Surveyors Ireland’s Annual Residential Review & Outlook Report 2026, planning non-compliance is among the most frequently cited causes of sales falling through.

The key point is this: Many of these issues are resolvable once they are properly understood.

The first and most important step is clarity.

Right now, you have been told there is a planning compliance issue relating to an extension built more than 10 years ago. That description is broad.

The crucial question is whether the extension is:

• An unauthorised development that required planning permission and did not obtain it;

or

• An exempt development that did not require planning permission, but is lacking proper confirmation or documentation.

Under the Planning and Development Act 2000, certain domestic extensions are exempt from planning permission if they meet strict criteria around size, height, distance from boundaries, and remaining private open space.

If the extension fell within exempt limits at the time it was constructed, the solution may be relatively straightforward.

An architect or engineer can apply for what is known as a Section 5 Declaration from the local authority. This is a formal determination confirming that the development was exempt and did not require planning permission. Once issued, this document can satisfy a buyer’s solicitor and allow the transaction to proceed.

If, however, the extension exceeded exempt thresholds, then retention planning permission may be required. This involves retrospectively applying for permission to retain the development as built.

While the word ‘retention’ sounds alarming, in practice many long-standing residential extensions are granted permission — provided they do not create significant planning issues such as overlooking, overdevelopment, or zoning breach.

It is also important to understand that, because your extension is more than 10 years old, enforcement action by the local authority is generally statute-barred. In other words, the council cannot typically compel removal after that timeframe has passed. However, the absence of enforcement does not automatically satisfy a purchaser’s solicitor — who must ensure good marketable title for their client.

So what happens now?

In many cases, the buyer does not immediately walk away permanently. Instead, the sale pauses while clarification is sought.

The sequence often looks like this:· The buyer’s surveyor flags the issue.· The buyer’s solicitor raises formal planning queries.· The seller engages an architect or planning consultant.· A professional opinion is obtained.· A proposed solution is presented.

Sometimes buyers will proceed once a retention application has been lodged.

Occasionally, they may accept planning indemnity insurance depending on the circumstances. In some cases, there may be a modest renegotiation to reflect perceived risk or delay. Each situation is fact-specific, but very few are entirely beyond resolution.

The most unhelpful step at this stage would be to panic and immediately relist the property.

If you were to put the house back on the market without addressing the planning query, the same issue is highly likely to arise with the next buyer. Most purchasers now commission surveys early in the process, and solicitor due diligence is thorough.

Priority should be professional advice — quickly and calmly

Engage an experienced architect or planning consultant immediately.
Provide them with:

• Original drawings (if available);
• Details of when the extension was completed;
• Measurements and photos;
• A copy of the surveyor’s report highlighting the concern.

Ask them for a clear written opinion, addressing:

1. Whether the development was exempt at the time of construction;

2. If not exempt, the prospects of retention permission;

3. The likely timeframe involved.

At the same time, speak to your solicitor. Request a copy of the relevant portion of the surveyor’s report so you fully understand the specific
objection being raised.

Sometimes issues are framed more severely than they ultimately prove to be once reviewed by your own professional advisor.

Now, regarding the property you have agreed to purchase... This is understandably your biggest worry.

When ‘chains’ are involved, uncertainty travels quickly

However, transparency and communication are key.

Ask your solicitor to inform the vendor’s solicitor that a planning query has arisen and that you are actively addressing it. Likewise, ask the selling agent to update the vendor with a calm and factual explanation.

Vendors are often more pragmatic than you might expect. If they believe you are taking immediate professional advice and that the issue is capable of resolution within a defined timeframe, they may be willing to grant you space to resolve it.

Silence, on the other hand, can create doubt and prompt them to re-engage with backup bidders.

You asked if this automatically means you must withdraw from your onward purchase. The answer is no, not automatically. It depends on:

• The seriousness of the planning issue;
• The likely timeframe to resolve it;
• The patience and flexibility of the vendor you are buying from.

In some cases, parties agree to proceed to contract subject to a retention application being lodged. In others, contracts are delayed pending a Section 5 Declaration. Each chain requires careful management, but very few collapse overnight if communication is proactive.

The reality is that issues such as yours often arise during a sale. For anyone selling — or indeed buying a home — it’s a good idea to consult a very useful guide produced by the SCSI and the Law Society called Speed Up Your Property Sale — A Guide to Avoiding the Most Common Delays.

Right now, you are in the uncomfortable middle — the point between alarm and clarity. The good news is that planning issues relating to long-standing domestic extensions are rarely insurmountable. They require calm handling rather than reactive decisions.

Once you have a professional opinion in hand, you can make an informed decision. In many cases, when buyers see that a seller is organised, transparent, and solution-focused, confidence is restored. Take advice, gather the facts, communicate openly and move forward step by step. That approach will give you the best possible chance of protecting both your current sale and the home you hope to move into next.

• For property-related queries email: [e-mail]
• Majella Galvin is chair of the Membership and Public Affairs Committee of the Society of Chartered Surveyors Ireland. She is a chartered surveyor, estate agent and registered valuer at DNG Galvin auctioneers Bandon.
• dnggalvin.ie