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Tipperary County Council Civic Offices, Clonmel | Civic Offices, Nenagh, Co. Tipperary
Tipperary County Council Civic Offices, Clonmel | Civic Offices, Nenagh, Co. Tipperary
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Article 10(6)(a) Exemption Change of use from Commercial to Residential

Statutory Instrument No. 30 of 2018 amended Article 10 of the Planning and Development Regulations to provide an exemption, for a temporary period, for the change of use and related works of certain vacant commercial premises to residential without the need to obtain planning permission. Statutory Instrument No. 75 of 2022 has extended this exemption to 31/12/2025 and added a new use class (Class 12 - public houses), to the specified use classes that can qualify to avail of the planning exemption, subject to certain conditions and limitations.

The exemption relates to existing buildings that have a current commercial use and which fall under Class 1, 2, 3, 6 and 12 of Part 4 to Schedule 2 of the Regulations.

The change of use, and any related works, must occur between when the 2018 Regulation came into operation on 8th February 2018 and the 31st December 2025. Therefore, while the exempted development will be permanent in nature, the exemption can only be availed of for a temporary period.

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.

Anyone proposing to avail of this exemption to change commercial to residential use must fill in Tipperary County Council’s application form included below and meet the relevant conditions and limitations set out in the form.

It should be noted that the provision of an exemption does not remove the requirement to comply with the building regulations or any other code. Primary responsibility for compliance with the Building Regulations rests with the owners, designers and builders of buildings.

The form for Notification of Intention to Avail of Article 10 (6)(a) Exemption is below and please note the requirement for supporting documentation.