Amendment to Planning and Development Regulations 2001-2021

In an amendment to the Planning and Development Regulations 2001-2021 expected to pass through the Oireachtas this week, it is proposed that planning permission will no longer be required to change the use of vacant public houses to use as homes.

This is an extension of an exemption for certain commercial premises already in place since 2018.

Why is planning permission required to change the use of a property?

Planning permission is required for any “development” of land or property and “development” is defined in the relevant legislation as including a “material” change of use. Whether the change is “material” depends on whether both the previous and new use are in the same class of uses in the legislation, which are divided based on the likely impact upon the area. A change from one type of retail premises to another would not normally require an application for change of use planning permission; however a change from a public house to a residential home would require one, unless an exemption from the requirement applies.

What is required to avail of the exemption?

1. Construction of the property must have been completed prior to 2018
2. The property must have been used as a shop, for financial and professional services open to the public, offices or as a guesthouse (and it is expected this will shortly be extended to include use as a public house) and
3. The property must be vacant for 2 years or more immediately prior to it being developed for residential purposes

Are there any restrictions on the exemption?

Yes, there are a number of requirements that must be complied with to ensure the development works are exempt for the purposes of change of use planning permission and include the following:

1. The works must occur within a certain time-frame (this is expected to be extended with the amended regulations this week)
2. The change to residential use is not to include works to the ground floor if this conflicts with the relevant Local Authority or Local Area plan for the property to remain as retail use
3. Works must be interior only and / or not materially affect the exterior appearance of the building
4. There are minimum size, density and natural light requirements, though for a public house the restriction of 250sq which was previously in place for other commercial premises will not apply and
5. If the property is part of a Protected Structure a declaration from the Local Authority is required to avail of the exemption

Full details of the restrictions are set out in detail in the Planning and Development Regulations 2001 – 2021.

To avail of the exemption, it is necessary to notify the Local Authority of the change of use at least 2 weeks prior to carrying out the works and the relevant forms setting out the required information can be obtained from the website of your Local Authority.

It should be remembered that the exemption applies to change of use only, and any changes that would usually require a grant of planning permission will still require one (for example, an extension in excess of 40 square meter development limit). The obligation to comply with the Building Regulations also remains in place.

This is one of several steps the government is taking to encourage the utilisation of existing buildings for residential purposes and would also fulfil other goals of Local Authorities, including reinvigorating streets in small towns with limited occupancy and reducing urban sprawl.

How we can help

If you have any queries or concerns, or would like to discuss the above in further detail, please feel free to contact Michelle McArdle in our Real Estate Department (mmcardle@bhsm.ie / +353 (0)1 440 8313).

This article is for general information purposes.  Legal advice must be obtained for individual circumstances.  Whilst every effort has been made to ensure the accuracy of this article, no liability is accepted by the author for any inaccuracies.