Advice from REA Seamus Carthy
In a bid to address the housing crisis REA Seamus Carthy confirms that there have been some amendments to the Planning and Development Act.
This amendment is known as (Planning and Development (Amendment) (No. 2) Regulations 2018 S.I No. 30 of 2018). In summary, this amendment provides that conversion of vacant commercial property to residential is exempt from having to apply for planning permission in certain circumstances.
This exemption shall apply until 31 December 2021 and a summary of the main provisions are outlined below.
* The structures to be converted must have been vacant for a period of 2 years or more
* Works shall affect only the interior of the structure
* Any related works for the alteration of existing ground floor shop fronts must be consistent with the existing character and streetscape
* No works shall conflict with the relevant development/local area plan
* The proposed development shall not exceed more than 9 residential units in 1 structure
* Floor areas and storage spaces shall comply with the requirements of the Sustainable Urban Housing: Design Standards for New Apartments – Guidelines for Planning Authorities
* Adequate natural lighting
* No development shall comprise the carrying out of works to a protected structure (unless otherwise agreed subject to conditions)
* No development shall contravene a condition attached to a planning permission
* Areas subject to a special amenity area order or areas of special planning control or within the perimeter distance area to which the Major Accident Regulations apply are excluded from exemptions under these regulations
* No development shall consist of the carrying out of works for the provision of onsite wastewater treatment and disposal systems
For further information or to get professional advice in relation to conversions of properties please contact Aishleen O’Toole or Seamus Carthy at REA Seamus Carthy on 090-6630001 or email