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.
Planning and Development Act (Exempted Development) Regulations 2022 (S.I. 75 of 2022).
The Planning and Development Act (Exempted Development) Regulations 2022 (S.I.
75 of 2022) extends to 31 December 2025 the exemption given by SI 30 of 2018 and satisfies the
commitment given by action 20.3 of Housing for All.
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 2025.
In addition to the classes of use that qualified under the 2018 change of use exempted
development provisions – i.e. Classes 1, 2, 3 and 6 – as outlined in Part 4 of Schedule 2 of the
Principal Regulations, the new regulations extend the provisions to a new Class 12 - Use as a
Public House, meaning a premises which has been licensed for the sale and consumption of
intoxicating liquor on the premises under the Licensing Acts 1833 to 2018.
The conditions and limitations that applied to the 2018 exempted development provisions, as
outlined in previous Circular Letter PL 01/2018, will continue to apply under these regulations
which include:
- Related works shall primarily affect the interior of the building, with limited external
works being permitted which are in keeping with the building and neighbouring
buildings, including the provision of on-street access to upper floors, and alterations to
existing ground floor shop fronts in respect of window and architectural details.
- Works to the ground floor of any structure shall not conflict with an objective in a
development plan for the structure to remain in retail use, with the exception, as
mentioned above, of works solely for the provision of on-street access to upper floors.
- No more than 9 individual residential units can be provided in a building.
- Minimum standards shall apply to residential units being developed such as minimum
requirements in relation to overall floor areas, storage space requirements and the
need for adequate natural light in living rooms and bedrooms (see the “Sustainable
Urban Housing: Design Standards for New Apartments - Guidelines for Planning
Authorities”).
- Works to a protected structure shall not be permitted unless a section 57 declaration
has been issued by a planning authority to indicate the works will not affect the
character or elements of the structure which has been identified for protection.
- Works for the provision of on-site wastewater treatment and disposal systems i.e. septic
tanks, shall not be permitted under the exemption.
- Works shall not be permitted in a number of limited areas, such as areas of special
planning control, areas to which special amenity area orders relate and within certain
proximity distances of establishments to which the major accident regulations apply.
- Care should be taken to ensure compliance with relevant legislative requirements in
relation to the assessment of potential impacts on bats, their roosts and nesting birds
arising from any proposed works in relevant buildings.
A number of other general restrictions as set out in Article 9 of the Principal Regulations are
identified as applying to this exemption. In addition, development must not contravene a
condition attached to a permission issued under the Act, including any condition specifying the
permitted use of the building concerned.
Notification Requirement
As has applied since the introduction of the 2018 regulations, 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. A planning authority remains 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.
A link is provided here to the new regulations.
Details uploaded by BPS Planning & Development Consultants LTD.
