Commercial to Residential Charge

BalboBiggins · 23-01-2021 2:13am #1

Hi lads, I'm just wondering if there's anywhere to check the charge to change a property from commercial to residential? I just got planning permitted but the development contribution is €5,500 even though the only change is a 15m2 extension on the first floor. The ground floor extension has been there for 20 years. All I could find on the Dublin City Council site was the charge of €92 per m2, and when I called them to query the price they said it was due to the change from commercial to residential. Thanks.

sydthebeat · 23-01-2021 7:58am

The change of use applies to the existing floor area, not any new extension.

You cannot change the use of a building that doesn't yet exist

You are entitled to a 50% discount however in paragraph 12 of their Dev contributions scheme :

• In the case of a change of use from residential use to commercial and vice versa, development contributions will be calculated at 50% of the applicable rate. Where development contributions under a Section 48 Scheme were paid in respect of the former use, the contribution payable on the new proposal will be net of the quantum of development previously paid for. The Development Contribution Scheme does not provide for any rebate or refund in this regard. Agents/applicants should provide evidence of prior payment at application stage in order to expedite assessment and avail of this provision;

Also, as per above, if Dev contributions were previously paid on the initial development, you can subtract that from this current figure. You need proof of payment however.

https://consultation.dublincity.ie/planning/draft-development-contribution-scheme/

BalboBiggins · 23-01-2021 12:47pm

Thanks very much. So am I being charged a fee per m2 of the existing property to change back to residential? I just thought that 5,500 seems excessive.

sydthebeat · 23-01-2021 1:36pm

BalboBiggins wrote: »

Thanks very much. So am I being charged a fee per m2 of the existing property to change back to residential? I just thought that 5,500 seems excessive.

There should be a breakdown of what you are being charged for in the condition

Can you post exactly what it says?

BalboBiggins · 23-01-2021 1:44pm

sydthebeat wrote: »

There should be a breakdown of what you are being charged for in the condition

Can you post exactly what it says?

It just says the following:

A development contribution in the sum of €5,341.80 shall be paid to the Planning Authority as a contribution towards expenditure that was and/ or is proposed to be incurred by the Planning Authority in respect of public infrastructure and facilities benefitting development in the administrative area of the Authority in accordance with Dublin City Council’s Section 48 Development Contribution Scheme. The contribution is payable on commencement of development. If prior to commencement of development an indexation increase is applied to the current Development Contribution Scheme or if a new Section 48 Development Contribution Scheme is made by the City Council the amount of the contribution payable will be adjusted accordingly. Phased payment of the contribution will be considered only with the agreement of Dublin City Council Planning Department. Applicants are advised that any phasing agreement must be finalised and signed prior to the commencement of development.

Reason: It is considered reasonable that the payment of a development contribution should be made in respect of the public infrastructure and facilities benefitting development in the administrative area of the Local Authority.

sydthebeat · 23-01-2021 1:57pm

Is the floor area of the change of use area around 86 sq m?

BalboBiggins · 23-01-2021 2:03pm

sydthebeat wrote: »

Is the floor area of the change of use area around 86 sq m?

The entire building is changing use, which accounts to 116m2. Is it right that we're being charged for the entire footprint instead of just the 15m2 extension we're adding on the first floor?

My wife has worked out how they've came up with the figure.

92.10 x 116 = 10,683.60/2 = 5341.80.

sydthebeat · 23-01-2021 2:40pm

BalboBiggins wrote: »

The entire building is changing use, which accounts to 116m2. Is it right that we're being charged for the entire footprint instead of just the 15m2 extension we're adding on the first floor?

My wife has worked out how they've came up with the figure.

92.10 x 116 = 10,683.60/2 = 5341.80.

Yes that sounds correct.

As said above, you are being charged for the change of use area.

The only way you can argue against this payment is to find out if development contributions have been paid on the building previously

BalboBiggins · 23-01-2021 2:44pm

sydthebeat wrote: »

Yes that sounds correct.

As said above, you are being charged for the change of use area.

The only way you can argue against this payment is to find out if development contributions have been paid on the building previously

Thanks very much for your help, you have been much more helpful than dublin city council

The building was previously extended in 2001 so I doubt dev contributions were paid before now.

Gumbo · 23-01-2021 7:35pm

Section 12 from the following :

https://www.dublincity.ie/sites/default/files/2020-09/council-report-78.2020-on-submissions-sn-48-new-scheme-2020-23_1.pdf

Commercial to Residential Charge

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