Exempt Conversions
Commercial to Residential
Certain commercial premises can be changed to residential use subject to conditions. This includes shops, offices including premises used for professional and financial services (other than health and medical services) and certain other services, residential club, guest houses and hostels. The premises must have been completed before 8 February 2018 and used for one of the purposes concerned and have been vacant for two or more years prior to the change of use.
The changes must take place by the end of 2021 under the original version. This has been extended to the end of 2025.
The alteration of the existing ground floor shop to accommodate the change of use must
- be consistent with the fenestration architectural and streetscape character
- not more than nine units may be provided in the structure
- the units must comply with minimum floor areas under guidelines for new apartments
- rooms must have adequate lighting
- all works relating to the change of use may affect the interior but mau not materially affect external appearance so as to render it inconsistent with the character of the structure of neighbouring structures
Where a protected structure is involved a declaration is required for protected structure works the works must not be inconsistent with the planning permission condition. The exemption does not apply in a special amenity area order area or a special planning control area. A notice must be given to the local authority before commencement of the works with certain details.
Definitions
A ‘habitable room’ means a room used for living or sleeping purposes but does not include a kitchen that has a floor area of less than 6.5 square metres; The ‘relevant period’ means the period from 8 February 2018 until 31 December 2025.
The provisions apply to a development, during the relevant period, that consists of a change of use to residential use from
- a shop
- office
- Use for the provision of financial services, professional services (other than health or medical services), or any other services (including use as a betting office), where the services are provided principally to visiting members of the public.
- Use as a residential club, a guest house or a hostel (other than a hostel where care is provided).
- Use as a Public House, meaning a premises which has been licensed for the sale and consumption of intoxicating liquor on the premises
Where in respect of a proposed development referred to
- the structure concerned was completed prior to the making of the Planning and Development (Amendment) (No. 2) Regulations 2018,
- the structure concerned has at some time been used for the purpose of its above current use, and
- the structure concerned, or so much of it that is the subject of the proposed development, has been vacant for a period of 2 years or more immediately prior to the commencement of the proposed development,
then the proposed development for residential use, and any related works, are exempted development for the purposes of the Act, subject to the conditions and limitations set out.
Conditions
The development must bes commenced and completed during the relevant period (end 2025). Any related works, shall –
- primarily affect the interior of the structure,
- retain 50 per cent or more of the existing external fabric of the building, and
- 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 the fenestration details and architectural and streetscape character of the remainder of the structure or of neighbouring structures.
No development shall consist of or comprise the carrying out of works to the ground floor area of any structure which conflicts with any objective of the relevant local authority development plan or local area plan, for such to remain in retail use, with the exception of any works the purpose of which is to solely provide on street access to the upper floors of the structure concerned.
No development shall consist of or comprise the carrying out of works which exceeds the provision of more than 9 residential units in any structure.
Minimum Standards
Dwelling floor areas and storage spaces shall comply with the minimum floor area requirements and minimum storage space requirements of the “Sustainable Urban Housing: Design Standards for New Apartments – Guidelines for Planning Authorities” issued under section 28 of the Act or any subsequent updated or replacement guidelines.
Rooms for use, or intended for use, as habitable rooms shall have adequate natural lighting.
Limits / Exceptions
No development shall consist of or comprise the carrying out of works to a protected structure, as defined in section 2 of the Act, save where the relevant planning authority has issued a declaration to the effect that the proposed works would not materially affect the character of the structure or any relevant element of the structure.
No development shall contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
No development shall relate to any structure in any of the following areas:
- an area to which a special amenity area order relates;
- an area of special planning control;
- within the relevant perimeter distance area, as set out in Table 2 of Schedule 8, of any type of establishment to which the Major Accident Regulations apply.
No development shall relate to matters in respect of which any of certain restrictions would apply.
No development shall consist of or comprise the carrying out of works for the provision of an onsite wastewater treatment and disposal system to which the code of practice made by the Environmental Protection Agency pursuant to section 76 of the Environmental Protection Agency Act 1992 relates and entitled Code of Practice – Wastewater Treatment and Disposal Systems Serving Single Houses together with any amendment to that Code or any replacement for it.
Notification
Where a person proposes to undertake the above development , then he or she shall in the case of development , notify in writing the planning authority in whose functional area that the change of use will occur not less than 14 days prior to the commencement of the works related to the proposed change of use and any related works;
Details of each notification un which shall include information on—
- the location of the structure,
- the number of residential units involved, including the unit sizes and number of bedrooms in each unit, and
- the Eircode for the relevant property,
shall be entered in a record by the planning authority maintained for this purpose and the record shall be available for inspection at the offices of the planning authority during office hours and on the planning authority’s website.
During the years 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026 each planning authority shall provide information to the Minister on the number of notifications received by it under this paragraph during the preceding calendar year, including details of the information so received.