Change of Use - Commercial to Residential

A property will only be eligible for exemption from Planning Permission if it meets the following criteria; 

Vacant 

• The building must have been completed before the Planning and Development Act (Exempted Development) Regulations 2018 came into operation on 8th February 2018.
• The building (or part of it) must have been vacant for at least 2 years before starting any works.

Classes of Use

• The exemption generally applies to buildings falling under the below Use Classes as defined in the Regulations.
  • Class 1: Shops
  • Class 2: Financial or professional services
  • Class 3: Services to the public (e.g., hairdressers)
  • Class 6: Offices
  • Class 12: Guest houses or hostels

Conditions and Limitations of the Exemption 

A number of other conditions and limitations shall also apply, including; 

• The works should primarily affect the interior of the building. Limited external works shall be permitted if the works are in keeping with the existing  building and neighbouring buildings. The external works may include, the provision of on-street access to upper floors, and alterations to existing ground floor shop fronts in respect of window and architectural details
• The proposed development must not conflict with the provisions of the County Development Plan.
• The proposed development must not deliver more than 9 individual residential units within a building.
• The works shall comply with the minimum standards set out in the Sustainable Urban Housing: Design Standards for New Apartments - Guidelines for Planning Authorities https://assets.gov.ie/static/documents/sustainable-urban-housing-design-standards-for-new-apartments-guidelines-for-planning-.pdf.
• Works to a protected structure shall not be permitted unless a section 57 declaration has been issued by a planning authority to indicate the works will not affect the character or elements of the structure which has been identified for protection.
• Works for the provision of on-site wastewater treatment and disposal systems i.e. septic tanks, shall not be permitted under the exemption.
• Works shall not be permitted if the property is within an area where limitations apply, such as, areas of special planning control, special amenity areas, or in areas in close proximity to establishments to which the major accident regulations apply.
• Care should be taken to ensure compliance with relevant legislative requirements in relation to the assessment of potential impacts on bats, their roosts and nesting birds arising from any proposed works in relevant buildings.

For more information, review Department Circular PL 02/2022

A planning authority must be notified in writing of the details of the development at least 2 weeks prior to the commencement of the proposed change of use, and related works, and the notification must include information on the location and details of residential units being developed. The planning authority is required to maintain a record of any notifications received; make the record publicly available online and at their office; and submit annual returns to the Minister detailing the notifications received.

If you wish to apply for change of use under Article 10 (6), the following documents must be submitted to the planning authority  at least two weeks prior to commencing development works; 

• A completed Notification of Intention to Avail of Article 10(6)a Exemption application form with Eircode.
• Site location map (scale 1:1000 or 1:2500).
• Plans and details of the proposed residential units.
• Proof of 2-year vacancy.

These documents can be submitted to Galway County Council in the following ways; 

• Email - send the completed documents to planning@galwaycoco.ie   
• By post on in person to the address below: