How to convert a commercial building to residential without planning permission…

Commercial to residential development in Ireland refers to the process of converting a commercial property, such as an office building, retail space or pubs, into residential units. This type of development has become increasingly popular in Ireland due to a shortage of affordable housing and a surplus of vacant commercial properties(which we have written about previously)

Change of use

Generally, planning permission would be required to convert a commercial building to a residential one. However, in 2018, the Irish Government introduced exemptions to allow a certain class of change to not require planning, if certain criteria is met:

• Building (or part of) must have been vacant for 2 years
• Building must have been used as a commercial building at some point in time
• Conversion of commercial to residential building has to be completed by 31st of December 2025 (exemption expiry date)
• The works required should be mainly to the interior of the building with limited external works being permitted. Any external works should be in keeping with the building and neighboring buildings
• Works to the ground floor of building should not conflict with the objective in respective development plan for the given area
• No more than 9 individual residential units can be provided
• Minimum standards apply to residential units being developed such as requirements in relation to overall floor areas, storage space requirements and the need for adequate natural light in living rooms and bedrooms.
• Works to a protected structure are not permitted.
• There is provision for protected species as per EU legislation (e.g relevant if bats/birds are in situ in building).

Conclusion:

This is a needed pathway for developers to accelerate the transition of vacant buildings into use. However there is significant complexity in trying to deliver something like this, so a top team of experts are needed to help navigate the process. Transitioning commercial buildings to residential, is an obvious pathway to help bring existing vacant buildings to life and stem the tide of dereliction in our cities.

Rob Heffernan