Pathway 4 of Housing for All, and the Vacant Homes Action Plan set out a blueprint to address vacancy and make efficient use of our existing housing stock. In this regard, in February 2022, I signed the Planning and Development Act (Exempted Development) Regulations 2022, which extend the operation of the previous 2018 Regulations in this regard until end 2025, providing for the continued exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises to residential use, including the conversion of vacant areas above ground floor commercial premises to residential use. This measure is aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.
In order to avail of the exemption, the Regulations provide that the structure, or part of the structure, which is the subject of the change of use must have been vacant for at least 2 years immediately prior to the commencement of the relevant works, with such works being required to be completed by 31 December 2025. It is a further requirement of the Regulations that the relevant planning authority must be notified in writing of the details of the development at least 2 weeks prior to the commencement of the relevant works, and the notification must include information on the location and details of residential units being developed.
Neither the granting of planning permission nor the provision of an exemption from the requirement to obtain planning permission removes the requirement to comply with any other code, particularly the Building Regulations, a core objective of which is to provide for the safety and welfare of people in and about buildings. It is important to note in the context of this planning exemption that compliance with the Building Regulations 1997 to 2017 must still be achieved and the statutory building control procedures still apply.
The Building Regulations are a set of legal requirements for the design and construction of new buildings, extensions and for material alterations to and certain changes of use of existing buildings. They primarily provide for - in relation to buildings - the health, safety and welfare of people; for conservation of fuel and energy; and for access for people with disabilities.
The primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. A Fire Safety Certificate is a certificate granted by a Building Control Authority, which certifies that the building or works, if constructed in accordance with the plans, documents and information submitted to the Authority, would comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997, as amended. The Certificate must be obtained before work starts, unless an application has been made for a 7 Day Notice.
A Fire Safety Certificate and a Commencement Notice (or a 7 Day Notice) is required for a material change of use of a building, where a building containing flats becomes so used. Where a Fire Safety Certificate is required in respect of works, additional provisions introduced under the Building Control (Amendment) Regulations 2014, apply.
Under the 2014 Regulations, owners are required to appoint an Assigned Certifier whose role, in conjunction with the builder and the project team, is to draw up and execute an appropriate inspection plan and to certify the building’s compliance with the Building Regulations on completion. The Assigned Certifier undertakes to inspect, and to co-ordinate the inspection activities of others, during construction, and to certify the building or works on completion. Builders undertake to cooperate with the Assigned Certifier’s inspection plans and to jointly certify the building or works on completion. In effect, the statutory Certificate of Compliance on Completion certifies that a building is compliant with all relevant requirements of the Building Regulations.
In relation to the refurbishment or conversion of existing buildings for residential use, my Department, simultaneous to the making of the original 2018 Regulations providing for the planning exemption for the change of use of vacant commercial premises to residential use, also published the “Bringing Back Homes - Manual for the Reuse of Existing Buildings’, available on the following link: www.gov.ie/en/publication/3c790-bringing-back-homes-print-version/. Created as a reference guide, the manual aims to provide property owners, members of the public, local authorities and those involved in the construction industry with clear guidance on how current regulatory requirements apply to common existing building types.
