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.

The structure shall have previously been used for one of the uses outlined in Classes 1, 2, 3, 6 & 12.
The structure concerned shall have been vacant for a period of 2 years or more immediately prior to the commencement of development.
Any related works shall affect only the interior of the structure and shall not materially affect the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures.
Any related works for the alteration of existing ground floor shop fronts shall be consistent with fenestration details and architectural and streetscape character of the remainder of the structure of neighbouring structures.
In relation to a former pub changing to a home, the pub's license must have lapsed, to avail of the planning permission exemption
The development cannot conflict with an objective of the Development Plan.
The exemption only applies to structures with 9 no. individual residential units or less.
The residential units shall comply with the Apartment Guidelines - (Sustainable Urban Housing: Design Standards for New Apartments - Guidelines for Planning Authorities”).
Habitable rooms shall have adequate natural lighting.
A Section 57 Declaration is required for works relating to a Protected Structure before the exemption can be enacted.
The development shall not contravene a condition of a permission.
There are further restrictions relating to Article 9, SAAOs, SPCs and sites in proximity to Seveso sites.

Notification Requirements

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. The completed Notification Form shall include information on the location, the Eircode and details on of residential units being developed which shall be submitted to the Planning Authority together with:

Copy of site location map, scale not less than 1:1000 in built up areas and 1:2500 in all other areas (which shall be marked thereon), clearly outlining in red the land to which the application relates and the boundaries thereof.
Evidence that the property has been vacant for a minimum of 2 years prior to the proposed date of commencement of works.
Floor plans and elevation drawings of the existing and proposed development drawn to metric scale with floor area(s) of the apartment (s) provided in metres square.

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.