Planning enforcement and control became more streamlined in 2002 with the introduction of Part VIII of the Planning and Development Act 2000. This legislation sets time limits within which complaints of planning infringements must be investigated. It establishes a common procedure for all type of planning offence – issue of a Warning Letter, service of an Enforcement Notice and institution of legal proceedings.
The Warning Letter, which must be served within six weeks of receiving the complaint, allows a developer up to four weeks to rectify the offence or to make a submission.
Regard must be had to any submission received when deciding whether or not to serve an Enforcement Notice. An Enforcement Notice sets out the requirements of the Council to rectify the offence and also contains a timeframe within which the work must be completed. Non compliance with an Enforcement Notice is an offence.
Should any person served with an Enforcement Notice fail to comply with its requirements, the Council may institute legal proceedings in the District Court.
In urgent cases, the Council may alternatively apply to the Circuit or High Court for an Order directing that particular actions take place or cease, as the case may be.
The making of a planning application for retention of an unauthorised development is no longer a reason to delay/suspend the taking of enforcement action by the Council.
Planning Enforcement Frequently Asked Questions
If you wish to make a complaint about any development which you consider to be unauthorised, please download and view the checklist (available below) before submitting a completed form (available below) by email, post, or in person to these offices. Please note that all complainant details are kept strictly confidential.
A hard copy of the complaint sheet is also available at the planning counter, which is open to members of the public from 9am until 4pm, Mon-Fri, within the County Hall, Tallaght, Dublin 24.
Noise Nuisance or Air Quality Complaints
For complaints relating to Noise Nuisance or Air Quality please see the guidance documents below