New Modification Procedure for Permitted Residential Developments

The Government has passed a new law allowing developers to apply to modify the internal layout of permitted residential developments without the need to amend planning permission. The modification procedure is subject to strict requirements. Our Planning & Environment team outline what developers need to know.

What you need to know

• The Planning and Development (Amendment) Act 2025 was signed into law on 23 July 2025
• The Act enables developers to apply to modify the internal layout of permitted residential developments without having to amend planning permission
• The modification procedure is subject to strict requirements
• Local authorities may grant certificates certifying a proposed modification
• Certificates must be published by local authorities but cannot be appealed

The Government recently published new Design Standards for Apartments, Guidelines for Planning Authorities (Apartment Guidelines 2025) on 8 July 2025. Broadly speaking, these guidelines relax standards for apartment development. For example, they allow for reduced floor space and less windows in new apartment developments. To try to boost the supply of housing in the short term, the Government has supplemented these guidelines with a new law that allows developers to apply to modify the internal layout of permitted residential developments. This is a less onerous process of applying to amend planning permission. The new law is contained in section 29 of the Planning and Development (Amendment) Act 2025 (the 2025 Act). This new law inserts a new section, section 44B, to the Planning and Development Act 2000 (PDA 2000). The 2025 Act was signed into law on 23 July 2025.

Permitted modifications

The types of modifications that may be permitted are set out in section 44B(15) of the PDA 2000. In summary, they comprise modifications relating to the:

1. Mixture of different classes of apartments in a development
2. Proportion of different classes of apartments in a development
3. Floor areas of apartments
4. Number of walls in each apartment that will have windows
5. Internal height of each apartment measured from floor to ceiling
6. Number of lifts and stairways in a development, and
7. Carrying out of other works necessary for any of the above modifications or to ensure access to the development, eg, footpaths, boundaries, gardens, and balconies

Items 3 – 5 above are subject to the minimum requirements of the Apartment Guidelines 2025.

Modification procedure

The key features of the section 44B modification procedure are as follows:

• The holder of a permission for residential development may apply to the relevant planning authority for a certificate. These certificates certify that a proposed modification of a permitted development is a permitted modification.

• A proposed modification must be to the internal layout of the permitted development.

• Section 44B(15) specifically provides for modifications in line with the Apartment Guidelines 2025.

• The application for a certificate must be made within two years of the enactment of the 2025 Act.

• No certificate can be issued if the proposed modification requires appropriate assessment (AA) or environmental impact assessment (EIA).

• A certificate can only issue if the subject development has not yet commenced.
• Applications for a certificate must be decided within 8 weeks of the date of application or 4 weeks of response to a request for further information.

• The issuance of a certificate must be published by the planning authority, but the planning authority’s decision cannot be appealed.

• Development carried out in accordance with a modified permission is not unauthorised development.

If a certificate is granted, the planning permission will be a “modified permission” and will not be “unauthorised development”.

Conclusion

The 2025 Act aims to facilitate and encourage expedited construction of greater numbers of dwellings in apartment complexes than permitted under permissions already granted. Developers looking to utilise the apartment guidelines now have an opportunity to apply to modify existing permissions without the need for a new planning application.

The modification procedure is subject to strict requirements. Developers should be mindful of these if they intend to avail of the procedure.

For more information and expert advice, contact a member of our Planning & Environment team.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.