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Change of use from commercial to residential

  • 19-06-2018 2:05pm
    #1
    Registered Users, Registered Users 2 Posts: 861 ✭✭✭


    Hi Folks,

    Looking for a bit of advice. Totally new to the whole planning scene so any help appreciated.

    We are looking at making the move from dublin commuter town to a more country location. We are looking at buying a mixed use unit with 2/3 residential 1/3 retail (commercial). We would like if possible to bring the commercial portion of the property back into the residential and make the whole thing a home.

    I have read that there is a plan to change the legislation which covers this to remove the need for planning permission in this scenario. Here. However in the interim is it something that councils will entertain?

    Presuming the local council will, how can one get finance on such a property?

    Would it be prudent or even possible to have an agreement in place with the vendor to have sale agreed subject to change of use? Like people do for a lease.

    Any thoughts or suggestions would be great.

    I have sent some information to Pepper money as I have heard they might lend for the above situation. Is there any other lenders out there that look at these type of properties?


Comments

  • Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    ElKavo wrote: »
    Hi Folks,

    Looking for a bit of advice. Totally new to the whole planning scene so any help appreciated.

    We are looking at making the move from dublin commuter town to a more country location. We are looking at buying a mixed use unit with 2/3 residential 1/3 retail (commercial). We would like if possible to bring the commercial portion of the property back into the residential and make the whole thing a home.

    I have read that there is a plan to change the legislation which covers this to remove the need for planning permission in this scenario. Here. However in the interim is it something that councils will entertain?

    Presuming the local council will, how can one get finance on such a property?

    Would it be prudent or even possible to have an agreement in place with the vendor to have sale agreed subject to change of use? Like people do for a lease.

    Any thoughts or suggestions would be great.

    I have sent some information to Pepper money as I have heard they might lend for the above situation. Is there any other lenders out there that look at these type of properties?

    You need a local Planning Agents input.
    Is the commercial at ground floor and above or just ground floor?

    The specific SI (S.I. No. 30 of 2018) is for floors above ground floor, its aim is to keep the commercial/retail at ground floor operational.

    You will still need a Fire Safety Cert and DAC, then Building Control process so best to engage an Agent now.


  • Registered Users, Registered Users 2 Posts: 861 ✭✭✭ElKavo


    kceire wrote: »
    You need a local Planning Agents input.
    Is the commercial at ground floor and above or just ground floor?

    The specific SI (S.I. No. 30 of 2018) is for floors above ground floor, its aim is to keep the commercial/retail at ground floor operational.

    You will still need a Fire Safety Cert and DAC, then Building Control process so best to engage an Agent now.

    Thats great thanks.

    Retail is less than half of the ground floor area, there are three floors in total. I think it was originally a house but some of it was converted to retail. I have contacted the relevant council for their input.

    If I am unable to get finance for it, it will be a non runner so I am checking that side of things out first. Is there a directory of local planning agents?


  • Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    RIAI
    IEI
    SCSI

    To name but a few. Check local planning applications of similar development and check who the agent was.


  • Registered Users, Registered Users 2 Posts: 861 ✭✭✭ElKavo


    Brilliant thanks a mill.


  • Registered Users, Registered Users 2 Posts: 116 ✭✭yurtyaherne


    Contact the relevant planning office regarding the Article 6(a) Exemption for change of use from Commercial to Residential.

    The qualifying details for the exemption are as follows:
    -The change of use, and any related works, will occur between 8 February 2018 and 31 December 2021.

    -The structure has been vacant for a period of two years immediately prior to when the development takes place.

    -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.

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

    -No development shall consist of or comprise the carrying out of works to the ground floor area of any structure which conflicts with any objective of the relevant local authority development plan or local area plan for such to remain in retail use, with the exception of any works the purpose of which is to solely provide on street access to the upper floors of the structure concerned.

    -No development shall consist of or comprise the carrying out of works to a protected structure save where the planning authority has issued a declaration under section 57 of the Act to the effect that the proposed works would not materially affect the character of the structure or any element of the structure.

    -No development shall contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.

    -No development shall relate to any structure in any of the following areas:
    (I) an area to which a special amenity area order relates; (II) an area of special planning control;
    (III) within the relevant perimeter distance area, as set
    out in Table 2 of Schedule 8, of any type of establishment to which the Major Accident Regulations apply.

    -No development shall relate to matters in respect of which any of the restrictions set out in subparagraph (iv), (vii), (viiA), (viiB), (viiC), (viii) or (ix) of article 9(1)(a), or paragraph (c) or (d) of article (9)(1), would apply.

    -No development shall consist of or comprise the carrying out of works for the provision of an onsite wastewater treatment and disposal system to which the code of practice made by the Environmental Protection Agency pursuant to section 76 of the Environmental Protection Agency Act 1992 relates and entitled Code of Practice — Wastewater Treatment and Disposal Systems Serving Single Houses.


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  • Registered Users, Registered Users 2 Posts: 861 ✭✭✭ElKavo


    Contact the relevant planning office regarding the Article 6(a) Exemption for change of use from Commercial to Residential.

    The qualifying details for the exemption are as follows:

    Thats great thanks a mill, I know someone was able to achieve a residential mortgage on this property but the sale fell through on their own home so they could not proceed with the purchase. Just have to wait for my broker to come back to me.


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