Exemption for change of use from commercial to residential

The Planning and Development (Amendment) (No.2) Regulations 2018 - S.I. No. 30 of 2018 - which came into operation on 8 February 2018, provided for an exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises, including vacant areas above ground floor premises, to residential use. The regulations are primarily aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.

In order to avail of the exemptions being provided for, the structure, or part of the structure, which is the subject of the change of use must have been vacant for at least 2 years immediately prior to the commencement of the relevant works, with such works being required to be completed by 31 December 2028.

The structure shall have been completed prior to the adoption of the Regulations. The relevant commercial uses that can be changed to residential are the uses listed in Classes 1, 2, 3, 6 & 12 of the Planning Regulations. These include a shop, public house, financial service, professional service, a service that is principally provided to visiting members of the public, office, guest house and hostel.

A planning authority must be notified in writing of the details of the development at least 2 weeks prior to the commencement of the proposed change of use, and related works, and the notification must include information on the location and details of residential units being developed. The new regulations further require that the notification must include the Eircode for the relevant property.

It should be noted that the provision of an exemption does not remove the requirement to comply with the building regulations or any other code. Primary responsibility for compliance with the Building Regulations rests with the owners, designers and builders of buildings.

Anyone proposing to avail of this exemption to change commercial to residential use must fill in the notification form included below and meet the relevant conditions and limitations set out in the form.