Change Of Use Planning Permission:

Introduction:

Change of use planning permission allows for altering the purpose of a building or land, requiring approval from the local planning authority. This guide covers:

What is the Change of Use Planning Permission?

Change of use planning permission is needed when altering the intended purpose of a building or land, categorized into different 'use classes' like residential, commercial, or industrial, as defined in planning legislation. It's typically required from the local planning authority when changing between these classes or to a use not covered by any specific class.

Do I Need a Change of Use Planning Permission?

Change of use planning permission is required for various scenarios, including converting between residential and commercial spaces, repurposing existing commercial properties, developing land for new uses, converting agricultural land, or altering a property for business purposes. Permitted Development Rights may apply in some cases, but consulting with the local planning authority or a professional is recommended due to location-specific regulations and circumstances.

Understanding Permitted Development Rights:

Permitted Development Rights allow certain minor changes of use and developments without a full planning application.
This simplifies the process for homeowners and small businesses.
In Ireland, specific changes within commercial buildings may qualify (e.g., retail to retail).
However, limitations exist. External modifications or location in protected areas might still require permission.
Prior notification might be needed for some developments under Permitted Development Rights.
To navigate these rights, property owners should:
Review regulations to see if their change qualifies.
Consider potential local impacts even with permitted development rights.
Consult professionals if unsure about applicability to their project.

Examples of Change of Use Requiring Permission:

Residential to Commercial: Converting a basement into a yoga studio needs permission due to traffic, parking, and noise concerns.
Commercial to Residential: Converting a factory into apartments requires permission to comply with residential standards.
Agricultural to Commercial: Transforming land into a campsite needs permission to align with local development strategies.
Within Commercial Uses: Converting a clothing store into a fast-food outlet requires permission due to varying impacts on waste, ventilation, and customer turnover.

Before the Application:

Research and Consultation: Understand local development plans, seek pre-application advice, and engage with the community.
Preparing Your Application: Gather required documents and conduct impact assessments if necessary.

The Application Process:

Submission: Submit the application with all necessary documents and fees.
Validation: The authority checks the application's completeness before public consultation.
Consultation and Publicity: Statutory consultees and the public may be consulted.
Assessment: The authority evaluates the proposal against planning policies and consultation responses.
Decision: Planning permission is either granted or refused, usually within eight to thirteen weeks.

After the Application:

If Granted: Comply with any conditions attached to the permission before proceeding.
If Refused: Review the reasons for refusal and consider amending the proposal or appealing the decision.

This guide provides essential insights into the change of use planning permission process, helping applicants navigate requirements and procedures efficiently.

Guide to The Seven Year Rule:

Mentioned in Sticky Situation topic in IV.

Airbnb & Short Term Letting:

A short-term let is when you rent out your property or a room for less than 14 days, such as via Airbnb. If you do this, especially in Rent Pressure Zones (RPZs), you may need planning permission or an exemption from your local authority. The regulations, introduced in July 2019, aim to return properties to the long-term rental market. Planned legislation will require properties to be registered with Fáilte Ireland to be advertised online.

You need planning permission if:

You rent out your entire home for more than 90 days a year.
You rent out a second property for short-term lets.

You don’t need planning permission if:

Your property is outside an RPZ.
You rent it for 15 days or more at a time.
It already has planning permission for short-term lets.
It's used for corporate lets, under the rent-a-room scheme, for home-sharing, for less than 90 days when you’re away, or is student accommodation.

A new registration system with Fáilte Ireland will be introduced in 2024, requiring annual registration for short-term lets. Properties in RPZs, even if exempt from planning permission, must register with the local authority to validate their status.

Required forms include:

Form 15: Start of year notification.
Form 17: End of year notification.
Form 16: 90 day threshold notification, if applicable.

Local authorities can take legal action under the Planning and Development Act 2000 for non-compliance.

Retention:

Mentioned in Sticky Situation topic in X.

Existing Building