Closed shop.

Claw Hammer

I have seen a shop for sale. It was build about 20 years ago. It is two story with the shop at ground level and some rooms on the upper floor. There is not upstairs bathroom. I am thinking it would make a good house as it is roomy. The shop failed as a business and it is now idle. There is some ground with it. The area is zoned residential. Would a change of use be possible and what kind of conditions might be attached?

sydthebeat

Claw Hammer wrote: »

I have seen a shop for sale. It was build about 20 years ago. It is two story with the shop at ground level and some rooms on the upper floor. There is not upstairs bathroom. I am thinking it would make a good house as it is roomy. The shop failed as a business and it is now idle. There is some ground with it. The area is zoned residential. Would a change of use be possible and what kind of conditions might be attached?

might even be exempt from permission:

https://www.rwnowlan.ie/recent-changes-exempted-development-regulations/

Gumbo

sydthebeat wrote: »

might even be exempt from permission:

https://www.rwnowlan.ie/recent-changes-exempted-development-regulations/

Only exempt if the ground floor shop/commercial use is retained with apartments/residential upstairs.

OP, you mention house, but do you mean house in the traditional sense, ie ground floor and upstairs or just the upstairs?

sydthebeat

kceire wrote: »

Only exempt if the ground floor shop/commercial use is retained with apartments/residential upstairs.

OP, you mention house, but do you mean house in the traditional sense, ie ground floor and upstairs or just the upstairs?

if its outside of an area zoned for retail in the development plan it doesnt need to be retained for retail.

Gumbo

sydthebeat wrote: »

if its outside of an area zoned for retail in the development plan it doesnt need to be retained for retail.

First I heard of this, although, as you know, all my work is in Dublin so city development plans at play.

We have some awkward sites that commenced a month before this came 8nto effect. Owners are kicking themselves now as complaints from neighbours dragging many out.

Gileadi

It would appear that the premises you’re looking at could avail of the 2018 exemption afforded by the Planning and Development (Amendment) (No.2) Regulations 2018, which apply in all county councils equally.

The dept of housing have a manual that will help explain some of the processes and things to consider for a project of this nature, the examples will be particularly interesting for you https://www.housing.gov.ie/sites/default/files/publications/files/bringing_back_homes_final.pdf

Useful bit here: Buildings that Benefit from the Exemption
The exemption applies to existing completed commercial buildings, such as shops and offices, which have been in use for commercial purposes but which have been vacant for a period of two years prior to the proposed works commencing and are available and suitable for housing. As envisaged in Rebuilding Ireland, therefore, the regulations focus on bringing existing vacant commercial units back into use for residential purposes thereby facilitating increased housing supply.

sydthebeat

kceire wrote: »

First I heard of this, although, as you know, all my work is in Dublin so city development plans at play.

yeah its a sneaky little condition really:

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, pursuant to the Part 1
of the First Schedule to the Act, 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.

down the country you sometimes find corner shops practically in housing estates... so its a handy exemption for situations such as that.

Claw Hammer

Thanks for the replies. It now turns out there might have been a restaurant in it at one stage. I will obviously have to check the zoning.

Claw Hammer

What is the stamp duty in the case? Commercial rate?

Claw Hammer

The stamp duty is commercial rate because that is what the property is when it is handed over. I wonder if it is possible to the current owner to notify the council of a change of use before the sale so that residential duty applies or does the council want plans etc?

woohoo!!!

Claw Hammer wrote: »

The stamp duty is commercial rate because that is what the property is when it is handed over. I wonder if it is possible to the current owner to notify the council of a change of use before the sale so that residential duty applies or does the council want plans etc?

It's a condition of the exemption for change of use:
Applicant must notify the planning authority in advance.

Also temporary, until end of 2021.

Gumbo

Claw Hammer wrote: »

The stamp duty is commercial rate because that is what the property is when it is handed over. I wonder if it is possible to the current owner to notify the council of a change of use before the sale so that residential duty applies or does the council want plans etc?

Also, change of use doesn't take place until the works are complete and the use has changed.

Claw Hammer

Does the local authority know what the woks are? If there is no planning application, presumabley there is only a notice that premises X is being converted to residential use and the works must be done within the timeframe.

Gumbo

Claw Hammer wrote: »

Does the local authority know what the woks are? If there is no planning application, presumabley there is only a notice that premises X is being converted to residential use and the works must be done within the timeframe.

When your buying, you’ll need a cert of compliance with that specific exemption. No professional will issue that cert when the works have not taken place.

Claw Hammer

kceire wrote: »

When your buying, you’ll need a cert of compliance with that specific exemption. No professional will issue that cert when the works have not taken place.

I will be buying in order to carry out the works. From what I have seen on one Local Authority website, it is just a notice that is filed. There is a deadline for the completion of the works. I presume, when selling that the purchaser will want to know the basis of the planning and at that stage a cert would be required.

Claw Hammer

woohoo!!! wrote: »

It's a condition of the exemption for change of use:
Applicant must notify the planning authority in advance.

Also temporary, until end of 2021.

The change of use is, presumably, permanent when it happens. The provision allowing for the change is temporary.

woohoo!!!

Claw Hammer wrote: »

The change of use is, presumably, permanent when it happens. The provision allowing for the change is temporary.

Yes, until end of next year for properties to avail of the exemption from planning.