IrelandI bought a property with a planning issue. Am I liable?
Yes, as the current owner, you are generally liable for unauthorised development under the Planning and Development Act 2000 — even if the breach occurred before you bought the property.
What the Law Says
The Planning and Development Act 2000 places legal responsibility for compliance with planning law on the current owner of land or a structure — not just the person who carried out the unauthorised development.
Section 152 of the Planning and Development Act 2000 makes it clear that enforcement action can be taken against the 'owner or occupier' of land where unauthorised development exists. This means liability attaches to you as the current owner, even if the breach (e.g., building without permission, changing use without consent) happened before you purchased the property.
There is no statutory time limit after which an enforcement notice becomes unenforceable solely due to the passage of time — unlike some other legal claims. Enforcement can be initiated at any point while the unauthorised development remains in place.
The law treats ongoing non-compliance as a continuing offence. So long as the unauthorised structure or use continues, the local authority retains the power to serve an enforcement notice, require remediation, or pursue prosecution.
Statutory TextWhere there is unauthorised development on land, the owner or occupier of the land shall be guilty of an offence.
— Planning and Development Act 2000, s. 152 — Offence of unauthorised development
What to Do
Contact your local planning authority immediately to confirm whether the issue is recorded and whether enforcement action is pending.
Seek independent planning advice — a qualified planning consultant or solicitor can assess options such as retention applications or voluntary remediation.
Do not carry out further works without written planning consent — this may worsen your position.
If an enforcement notice is served, you have 28 days to appeal to An Bord Pleanála.
Keep records of all communications with the council and professional advisors.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.