Change of Use from Commercial to Residential
The Planning & Development (Amendment) Regulations 2018 provides an exemption for a period of time, for the change of use, and any related works, of certain vacant commercial premises to residential without the need to obtain planning permission. The exemption, however, is restricted to certain classes of commercial buildings that have been vacant for at least two years immediately prior to the commencement of works and where the structure concerned had at some time been used for the purpose for which it was originally intended.
Statutory Instrument No. 75 of 2022 has extended the exemption from change of use from commercial to residential exemption to 31/12/2025 and has added a new use class (Class 12 - public houses), to the specified use classes that can qualify to avail of the planning exemption, subject to certain conditions and limitations.
The exemption relates to existing buildings that have a current commercial use and which fall under Class 1, 2, 3, 6 and 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 8th February 2018 and the 31st December 2025. Therefore, while the exempted development will be permanent in nature, the exemption can only be availed of for a temporary period.
In relation to a former pub changing to a home & to avail of the planning permission exemption the following applies:
- the pub’s license must have lapsed
- a limit of 9 residential units can be produced under an exempted development & there are other criteria that have to be met to be eligible for this exemption.
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 complete the notification form 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.
Commercial to Residential Form .pdf (size 163.3 KB)
Notifications 2018 .xlsx (size 11 KB)
Notifications 2019.xlsx (size 11 KB)