S.I. 75 Exemptions for Change of Use from Commercial to Residential

Change of Use from Commercial to Residential

Rebuilding Ireland commits to reviewing planning legislation to allow change of use of vacant commercial units into residential units without having to go through the planning process to facilitate the provision of much needed housing, to maximise the use of vacant underutilised spaces and to assist in the rejuvenation of inner-core urban areas.

S.I. No. 75/2022 - Planning and Development Act (Exempted Development) Regulations 2022 amended Article 10 of the Planning and Development Regulations as amended by Statutory Instrument No. 30 of 2018, to provide an exemption for the change of use, and any related works, of certain vacant commercial premises to residential without the need to obtain planning permission. The amendment relates to existing buildings that have a current commercial use and which fall under Class 1, 2, 3, and 6 or 12 of Part 4 to Schedule 2 of the Regulations.

The change of use, and any related works, must occur between when the 2018 Regulation came into operation on 8 February 2018 until 31 December 2025. Therefore, while the exempted development will be permanent in nature, the exemption can only be availed of for a temporary period.

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 planning authority is required to maintain a record of any notifications received; make the record publicly available online and at their office; and submit annual returns to the Minister detailing the notifications received.

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

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.