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barn/shed conversion to Dwelling Planning Permission?

  • 17-05-2014 8:17pm
    #1
    Registered Users, Registered Users 2 Posts: 556 ✭✭✭


    Hi.

    I'am interested in coverting a barn/shed on my parents property to a Dwelling without any major changes as my own home.

    The main reason I write is that the farm building was constructed back in 2006/2007 with out planning permission due to its semi-rural location and is not located near a road. The building is located up a private lane behind my parents house which leads to our fields etc.. We never received any objections from neighbors.

    Since its construction my parents carried out major building work/renovations on our family home and with council planners/architects about nobody ever asked about planning for the barn/shed.

    What type of planning would I need to obtain and what I want to avoid is that I apply for planning and the planners come to the property and demand it be demolished because there is no planning for it.?

    Thanks.

    p.s. I have no clue about building. see pic below of what I hope to do. The building already looks like this minus the windows.

    the-fruit-farm-barn.jpg


Comments

  • Registered Users, Registered Users 2 Posts: 165 ✭✭shane6977


    Firstly, as the building was constructed in 2006 / 2007, the statute of limitations period has most likely expired or is about to expire, so the council cannot take enforcement action against your parents if planning permission was required when the barn was originally built. However, there are certain agricultural developments that are exempt from planning, so if the barn meets the requirements for exempt development, then everything should be above board and no issue for your parents.

    Regardless of whether or not planning was required for the barn, if you want to convert it to a dwelling, you will now need to apply for planning permission for change of use to a dwelling. It’s a fairly straight forward application, but you will need to get yourself an architect or architectural technologist to design the conversion to ensure that you meet the requirements of the building regulations, in particular in relation to Part L – Conservation of Energy when dealing with a barn which would have had no requirement for insulation when built.

    As you will be designing and constructing a new dwelling, you will also need to appoint a Design Certifier and Assigned Certifier as per the new Building Control (Amendment) Regulations 2014.


  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭Carson10


    shane6977 wrote: »
    Firstly, as the building was constructed in 2006 / 2007, the statute of limitations period has most likely expired or is about to expire, so the council cannot take enforcement action against your parents if planning permission was required when the barn was originally built. However, there are certain agricultural developments that are exempt from planning, so if the barn meets the requirements for exempt development, then everything should be above board and no issue for your parents.

    Regardless of whether or not planning was required for the barn, if you want to convert it to a dwelling, you will now need to apply for planning permission for change of use to a dwelling. It’s a fairly straight forward application, but you will need to get yourself an architect or architectural technologist to design the conversion to ensure that you meet the requirements of the building regulations, in particular in relation to Part L – Conservation of Energy when dealing with a barn which would have had no requirement for insulation when built.

    As you will be designing and constructing a new dwelling, you will also need to appoint a Design Certifier and Assigned Certifier as per the new Building Control (Amendment) Regulations 2014.

    Thanks Shane. Advice I was looking for to get started!!


  • Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭hexosan


    Carson10 wrote: »
    Thanks Shane. Advice I was looking for to get started!!

    Just to point out Shane's advise is completely wrong about the statute of limitation on time. It's 7yrs after the expiring of the original planning plus 109ish days for public holidays. So it's 12+ years not the 5/6/7 years you frequently see posted on here.


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    hexosan wrote: »
    Just to point out Shane's advise is completely wrong about the statute of limitation on time. It's 7yrs after the expiring of the original planning plus 109ish days for public holidays. So it's 12+ years not the 5/6/7 years you frequently see posted on here.

    There was no "original planning" therefore shanes 7 years is correct.

    The 12+ years only occurs when there was a planning permission.


  • Registered Users, Registered Users 2 Posts: 165 ✭✭shane6977


    Just for clarity, from the Planning and Development Act 2000, Part VIII, Section 160:



    (6) (a) An application to the High Court or Circuit Court for an order under this
    section shall not be made—
    (i) in respect of a development where no permission has been granted, after
    the expiration of a period of 7 years from the date of the commencement
    of the development, or

    (ii) in respect of a development for which permission has been granted under
    Part III, after the expiration of a period of 7 years beginning on the
    expiration, as respects the permission authorising the development, of
    the appropriate period (within the meaning of section 40) or, as the case
    may be, of the appropriate period as extended under section 42.


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  • Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭hexosan


    I stand corrected, misread the no planning


  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭Carson10


    Thanks everyone. Property is definitely there 7/8 Years.

    Think I need to get an architect to draw some plans and then apply for retention.


  • Registered Users, Registered Users 2 Posts: 165 ✭✭shane6977


    Carson10 wrote: »
    Thanks everyone. Property is definitely there 7/8 Years.

    Think I need to get an architect to draw some plans and then apply for retention.

    Why retention? Shouldn't be necessary if original building was exempt development or if 7 years has passed. Change of use application to dwelling will regularize it.


  • Registered Users, Registered Users 2 Posts: 28 buttonsjunior


    Hi All,

    Any help greatly appreciated.

    I am interested in coverting a stone barn on my parents property. the barn is very old, main house is listed building as over 200 years old.

    The barn has, well i think it has a esbestos roof added at somestage. so wondering if anyone knew rough cost of specialist removal company

    for espesdos and also if there are any grants for the roof/barn? or who to contract regarding such grants. if you can give me any advise

    pitfalls ect. thanks


This discussion has been closed.
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