Notification of intention to avail of Article 10(6)(a) Exemption

Article 10(6)(a) of the Planning and Development Regulations 2001 (as amended) permits owners of empty commercial properties to convert their properties into apartments without having to seek planning permission.

Article 10 Application form‌

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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^st December, 2025.

In addition to the classes of use that qualified under the Planning and Development (Amendment) (No. 2) Regulations, 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 Planning and Development Act (Exempted Development) Regulations, 2022 (S.I 75 of 2022) 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 structure shall have been completed prior to the adoption of the Regulations.

The relevant commercial uses that can be changed to residential are the uses listed in Classes 1, 2, 3, 6 & 12 of the Planning Regulations. These include a shop, public house, financial service, professional service, a service that is principally provided to visiting members of the public, office, guest house and hostel.

(1)      The structure shall have previously been used for one of the uses outlined in Classes 1, 2, 3, 6 & 12.

(2)      The structure concerned shall have been vacant for a period of 2 years or more immediately prior to the commencement of development.

(3)      Any related works shall affect only the interior of the structure and shall not materially affect the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures.

(4)      Any related works for the alteration of existing ground floor shop fronts shall be consistent with fenestration details and architectural and streetscape character of the remainder of the structure of neighbouring structures.

(5)      The development cannot conflict with an objective of the Development Plan.

(6)      The exemption only applies to structures with 9 no. individual residential units or less.

(7)      The residential units shall comply with the Apartment Guidelines - (Sustainable Urban Housing: Design Standards for New Apartments - Guidelines for Planning Authorities”).

(8)      Habitable rooms shall have adequate natural lighting.

(9)      A Section 57 Declaration is required for works relating to a Protected Structure before the exemption can be enacted.

(10)   The development shall not contravene a condition of a permission.

(11)   There are further restrictions relating to Article 9, SAAOs, SPCs and sites in proximity to Seveso sites.

The Planning Authority shall 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.

The completed application form shall include the eircode for the relevant property which shall be submitted to the Planning Authority together with:

• site location map to a scale not less than 1:1000 in built up areas and 1:2500 in all other areas (which will be marked thereon) clearly outlining in red the land to which the application relates and the boundaries thereof,
• appropriately scaled plans and details of the residential units being developed in support of the requirements of Article 10(6)(d),
• documentary evidence that the property has been vacant for a minimum of 2 years prior to the proposed date of commencement of works.

All documentation shall be submitted to the Planning Authority by email only via the Planning Mailbox at [email protected]