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Making an appeal on a Dispensation Decision

This page will go through the steps to make an appeal on a dispensation.

Who can appeal?

The person or organisation who applied for a dispensation from or relaxation of the Building Regulations is called the applicant or first party. An applicant can appeal to An Bord Pleanála if they would like the Board to review:

  • a decision to refuse, or
  • conditions attached to the dispensation or relaxation

Only the applicant or their agent can appeal to An Bord Pleanála, and this is called a first party appeal. This is different to planning appeals, which permit first parties and other persons (third parties) to make appeals.
 

What is the time limit for making an appeal?

There is a strict time limit for making an appeal.

  • You must make your appeal within a period of one month beginning on the date that the building control authority makes the decision on the application. This is different to planning appeals. The decision date is the date that the order is signed. This document may have been sent to you or will be available on the building control authority's website.
  • We must have your appeal by 5.30pm on the final day allowed to make an appeal. If you do not make your appeal within this time period, it will be deemed to be invalid.

Example

The building control authority makes its decision Wednesday 2 November.

You have one month to make your appeal before the deadline.

Your last date to make an appeal is before 5.30pm on Tuesday 1 December (one month later).

 

What do I include in my appeal?

You should carefully prepare your grounds of appeal (reasons and arguments) and any items you wish to include. When you have made your appeal, you cannot make any further submissions unless we specifically ask you for them.

To make a valid appeal you must include the following:

You must put your appeal in writing (either typed or handwritten).

You must clearly state your own name and address. If an agent is making the submission on your behalf, the agent must clearly state their name and address as well your name and address.

You must give us enough details to allow us to easily identify the application you want to appeal. Examples of the details we accept are:

  1. Your name.

  2. Building control authority’s register reference number for the application.

  3. Description and location of building, works or change of use.

  4. Name of building control authority.

  5. Date of decision.

You must provide us with all of your detailed reasons and arguments for wanting the building control authority’s decision changed. These are called the grounds of appeal.

Include any items that you think supports your appeal which would include technical guidance relied on to support your appeal.

You must pay the correct fee.

You must be on time and be within one month from the date of the building control authority’s decision.

 

How much does an appeal cost?

The fee for this type of appeal is €500. You must make sure that the correct fee is included with the appeal.
 

How can I pay for my appeal?

There are many ways you can pay a fee to An Bord Pleanála.

 

In person at our reception

In the post

Cash

✔ Accepted

We advise you not to send cash in the post.

Debit and Credit Cards*

✔ Accepted

✖ Not accepted

Cheques

✔ Accepted

✔ Accepted

Bankers Drafts

✔ Accepted

✔ Accepted

Postal Orders

✔ Accepted

✔ Accepted

*Please note we do not accept debit or credit card payments over the telephone.

You can find more details about Fees and Charges Guide and how you can pay for fees on our website.


Where do I send or deliver my appeal?

You must:

  • post it to: The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902, or
  • deliver it in person to a member of An Bord Pleanála staff at our office in Marlborough Street (address above) during office hours - Monday to Friday from 9.15am to 5.30pm. Please note that the security staff in our office cannot accept appeals.
 

Remember, do not place your appeal in the letterbox of our office and do not email it to us as your appeal will be invalid.

We are closed on weekends, public holidays and other publicised days such as Christmas Day and Good Friday.

 

Can I get a receipt if I deliver my appeal in person?

Yes, if you deliver your appeal in person to our office you can ask for a receipt which says that we have received your appeal. When your appeal is handed to a member of An Bord Pleanála staff, we cannot return it nor can we make a photocopy of your documents with our date stamp.

 

Will I receive a receipt if I send my appeal by post?

Yes, we will send you a receipt in the post.