In Ireland, the process of Change of Use Planning Permission allows property owners to change the designated purpose of their property or land from one category to another. For example, transforming a commercial property into a residential unit or vice versa.
As big towns continue to change and the demand for housing increases, understanding this process is very important for developers, homeowners, and business owners alike.
This blog post will cover everything you need to know about, specifically focusing on conversions from commercial to residential and from residential to commercial spaces.
What is Change of Use Planning Permission?
Change of Use refers to the process where a property’s original function is changed. This could be as simple as physically converting your home garage into a dental practice or repurposing an industrial building into an entire housing development.
When Do You Need Change of Use Planning Permission?
Planning permission for a material change of use is required when you plan to change the purpose of a building or land. According to the Planning and Development Regulations 2001-2025, such changes must be assessed by your local authority.
These regulations ensure that the change aligns with local zoning laws and the needs of the community.
For instance, if you want to convert:
- A garage into a workshop
- A home into a business office
- A commercial property into residential units
You must apply for planning permission, unless exemptions apply.
Change of Use from Commercial to Residential – Exemptions & Regulations.
In recent years, the Irish government has introduced regulations aimed at addressing the housing crisis by allowing certain vacant commercial buildings to be quickly repurposed into residential units without needing full planning permission.
Specifically, the Planning and Development (Amendment) (No.2) Regulations 2018 (SI 30/2018) and subsequent extensions have allowed exemptions for converting commercial buildings into homes.
Key Conditions for Change of Use from Commercial to Residential.
- Vacancy Requirement – The commercial property must have been vacant for at least two years before the works begin.
2. Exemption Deadline – These exemptions apply to properties where works are completed by 31 December 2025 (SI 75/2022).
3. Internal Works Only – The conversion must be limited to internal modifications, with minimal external changes.
4. Limitations on Residential Units – Only up to 9 residential units can be developed in a single building.
5. Standards Compliance – The residential units must meet minimum standards such as adequate floor space, storage, and natural light.
For more professional advice on the above, contact Ivor FitzPatrick & Company Solicitors.
Change of Use from Residential to Commercial – When is Planning Permission Needed?
When converting a residential property to a commercial one, you need planning permission in case the new use results in any significant impact on the surrounding community.
For example, if converting a home into a café or small retail shop could lead to increased foot traffic, noise, parking or waste in the neighborhood, an assessment by the local planning authority is especially necessary.
Steps Involved in Residential to Commercial Conversion
- Assess the Impact – Engage extensively with the community and consider the effects on neighbors, traffic, parking, and local services. Remember, in Ireland, just about anyone can contest planning approval.
2. Check Local Zoning Laws for the County – Ensure that the property is in an area zoned for commercial use and abides with county laws.
3. Submit an Application – Apply for Change of Use Planning Permission detailing how the conversion aligns with the local development plan.
The Application Process for Change of Use.
If you need to apply for Change of Use Planning Permission, here’s a simplified outline of the steps involved:
- Consult with Planning Authority – Contact your local council to confirm whether the change requires permission.
2. Prepare Supporting Documents – This includes plans, impact assessments, and any necessary documentation the council may require of you.
3. Public Consultation – Some changes may require a public consultation to give neighbors and the community a chance to provide feedback.
4. Submit Application – Submit your application to the planning authority and wait for feedback HERE.
5. Decision – The planning authority will either approve or reject the application, sometimes with conditions attached.
Conclusion.
Understanding Change of Use Planning Permission is very important for homeowners, developers, and business owners in Ireland. Regardles of whether you want to convert a commercial property into residential units or change a home into a business, planning permission makes sure that your changes align with local policies, maintain community welfare, and comply with building regulations.
For those looking to transform vacant commercial properties as residential units and vice versa, Ireland definitely offers opportunities, but make sure to meet all requirements and deadlines to avail of exemptions.
So before you start a project, it is best to consult with local planning authorities and professionals to ensure a smooth and successful outcome.
FAQs
1. Can I convert my commercial property into a home without planning permission?
Yes, in some cases, certain commercial properties that have been vacant for two years or more can be converted into homes without planning permission, provided they meet specific conditions – thanks to exemptions in place until the end of 2025.
2. How long do I have to complete the works to qualify for the exemption?
The exemption is available for properties where the works are completed by 31 December 2025.
3. Is there a limit to how many residential units I can create when converting a commercial property?
Yes, no more than 9 residential units can be created in a single commercial building under the exemption.
4. Can I convert my home into a commercial property?
Yes, you can convert a residential property to commercial use, but you will need to apply for Change of Use Planning Permission and meet specific zoning and impact conditions.
5. How long does it take to get planning permission for a change of use?
The approval process can take up to 8 weeks for minor applications and 13+ weeks for more significant developments.
REFERENCES
- Planning Permission for a Material Change oc Use, Citizens Information
- Planning Exemption for Change of Use from Commercial to Residential, Jul 2022, Ivor FitzPatrick
- Change of Use from Commercial to Residential, SDCC
- Change Of Use Planning Permission, Planning Permission Ireland
