Bringing Back Homes Manual for the reuse of existing buildings - Prepared by the Department of Housing, Planning and Local Government ...
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FT RA Bringing Back Homes Manual for the reuse of existing buildings D Prepared by the Department of Housing, Planning and Local Government housing.gov.ie
Table of Contents
Introduction 1
Use of this Manual 2
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Chapter 1 Policy and Regulatory Context 3
Policy Context 3
Regulatory Context 5
Planning System 5
Legislative Provisions 5
Exempted Development 5
General Restrictions on Exemptions 5
Change-of-Use Exemptions 5
Non-Planning Requirements 5
Section 5 Declaration 6
Further Information 6
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Exempted Development Regulations, 2018 6
Buildings that Benefit from the Exemption 6
Development Works Covered by the Exemption 6
Restrictions on Works 7
Minimum Requirements for Residential Units 7
Notification Provision 7
Further Information 7
Specific Regulations Affecting Older Buildings 8
Planning Matters Relating to Older Buildings 8
National Monuments Acts 9
Further Information 9
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Building Control System 9
Building Regulations 9
Building Control Regulations 9
Further Information 10
Fire Services Acts 10
Further Information 10
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Bringing Back Homes
Introduction
Chapter 2 The Basic Process 11
Step 1
Consider Reusing an Existing Building for Residential Purposes 13
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Step 2
Identify the Regulatory Path 14
Step 3
Identify the Key Design Work Needed 18
Step 4
Confirm that Necessary Approvals are in Place 24
Step 5
Commence Building Work 26
Chapter 3 Detailed Guidance 29
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Chapter 4 Examples of Bringing Back Homes 37
Appendices The centres of our towns and cities contain a large amount of underused built stock,
Appendix 1 including unused or underused floors above ground-floor retail premises. To increase
Exempted Development Regulations, 2018 –
the supply of new homes, the reuse of such floor space for residential use must be
Detailed Overview of Provisions 43
encouraged.
Appendix 2
The Application of the Building Regulations
to Works on Existing Buildings 49 Irrespective of whether they occur in city centres, With the ongoing changes taking place in our working
suburbs or small rural towns, vacant and abandoned patterns, connectivity and shopping habits, main
Appendix 3 properties are damaging to the well-being of the streets in our smaller towns face the dual challenge
Minimum Standards in Rented Accommodation 53 surrounding communities and neighbourhoods. of increasing footfall and stimulating demand.
Appendix 4 Communities suffer because of the vandalism and Revitalising our main streets through well-planned
Typical Licences Required 55 anti-social behaviour that vacant buildings can and designed residential units, particularly above
attract. Properties left vacant for prolonged periods shops, could help to rejuvenate smaller town centres.
Appendix 5
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can also have adverse effects on adjoining buildings. This would enable us to take advantage of the huge
Assistance, Grants and Incentives 59
These harmful effects can include structural damage, potential of these town centres to become compact,
Appendix 6 dampness and even infestation. fine-grained multifunctional places in which to live,
Frequently Asked Questions 63 work and socialise. Such revitalised localities would
allow people to walk or cycle to work schools or
The primary benefit of bringing back homes is of
Acknowledgements 77 shops. Tourists and other visitors would be attracted
course the provision of quality, sustainable housing
by the enhanced cultural environments that would
for the individuals and families who are most in need
References 78 result from the revitalisation of these urban spaces.
of it. Quite simply, the possibility of returning partially
vacant buildings to residential use provides us with a
great opportunity as a society. Housing reintroduced
into the viable stock can provide increased income or
capital for the owner and may also provide the Local
Authority/ voluntary housing sector with a greater
choice of housing that can be made available to those
requiring social housing support.
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Bringing Back Homes
Chapter 1
As part of the overarching policy document Rebuilding
Ireland: Action Plan for Housing and Homelessness, the
This manual is laid out in four chapters:
Policy and Regulatory Context
Government is committed to bringing vacant and Chapter 1 outlines the policy context and various
partially vacant properties back into use. The reasons statutory requirements which will likely arise with
why so many properties have remained underused respect to the refurbishment/ conversion of a vacant
are complex. Identifying, reactivating and renovating building for residential use. Topics covered include
the properties can, in some instances, be challenging. planning, conservation, building regulations and
It can be difficult, for example, to identify a building’s building control and fire services.
owner/s and to secure an agreement to revitalise
the building. Other potential challenges include Chapter 2 describes the basic process which applies
higher refurbishment costs, due to construction on when an existing building is to be brought back into
tight urban sites; the need to ensure accessibility use for residential purposes. The chapter covers
for deliveries; and difficulties with adjoining owners, the typical questions that may arise regarding the
licences/ permits, restricted working hours, etc. regulatory system, the role of the Local Authorities,
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Moreover, initial uncertainty about the scale of the the nature and scope of available incentives, etc.
work that will be needed to develop an existing
building may discourage lenders from providing
necessary funding. The chapter illustrates conversion opportunities for
common building types. Information on how the
statutory regulations are likely to impact each specific
Additional uncertainty can result if regulatory building type is also provided, along with guidance
systems regarding planning, fire safety, accessibility, on how to address resulting issues in a step-by-step
building control and conservation are dealt with in manner.
isolation from each other. In such circumstances,
the perception that regulatory systems might have
competing agendas can lead to increased concerns. Chapter 3 elaborates on how the building regulations
apply to three of the most common building types
that have high reuse potential. This information
A number of key actions have already been
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will provide interested parties with a clearer
undertaken, however, and new housing delivery understanding of the scale of intervention that each
initiatives have been developed since the launch reuse option requires. In July 2016, the Government published Rebuilding Ireland: Action Plan for Housing
of Rebuilding Ireland in July 2016. These actions
include the reuse of vacant homes to accommodate
and Homelessness. This document set out a multi-stranded, action-oriented
people who are in receipt of social housing supports. Chapter 4 presents examples of successful approach to achieving the Government’s housing objectives, as set down in the
The objective is to enable privately owned vacant conversions for some of the building types outlined in
Chapter 2.
Programme for a Partnership Government.
properties or former commercial properties to be
brought back into use for private sale or rent. This can
take place, for example, by means of Buy and Renew The Appendices provide supplementary information
Scheme or through Repair and Leasing Scheme. Policy Context On foot of a review of Rebuilding Ireland in 2017,
on regulations and incentives outlined in the manual. Action 5.21 commits to “support and facilitate the
Some of this additional information is given in The objectives of the Plan are organised under five reuse and/or development of older / vacant buildings for
Use of this Manual the form of answers to FAQs (Frequently Asked pillars, which aim, respectively, to: residential use, such as unused commercial properties,
This manual was developed to support and facilitate Questions). under-utilised upper-floor accommodation over shops, as
1. Address homelessness
the reuse of older/ vacant buildings in our towns and well as conversion/upgrading of vacant properties”.
cities for residential use. The objective is to increase 2. Accelerate social housing
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the number of viable residential properties. 3. Build more homes To implement Action 5.21, the Department of
4. Improve the rental sector Housing, Planning and Local Government set
The manual aims to provide property owners, up a working group in order to encourage the
members of the public, Local Authorities and those 5. Utilise existing housing
development of such existing properties and increase
involved in the construction industry with clear the number of viable, liveable properties coming back
guidance on how current regulatory requirements into the housing stock. The working group was tasked
A range of actions is presently being implemented
apply to common, existing building types. Guidance with developing guidance to bring clarity on how the
under Pillar 5 to ensure that existing housing stock
on how best to facilitate the reuse of these building regulatory requirements apply.
is used to the maximum degree possible, with a
types is also provided. It should be noted that the
particular focus on measures to use vacant stock to
manual is intended to serve as a reference guide only
renew urban and rural areas.
and is not envisaged as a substitute for compliance
with legal obligations.
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A pilot survey is to be undertaken in a number of Regulatory Context General Restrictions on Exemptions
Local Authority areas to assess the numbers of homes
The following provides a brief description of the Article 9 of the Planning and Development
available for reuse in those areas. The survey is also
legislation that may be relevant when bringing Regulations 2001 (as amended) provides for a range
intended to provide the basis for developing a robust
an existing building back into use for residential of restrictions on exemptions generally. For example,
methodology to identify recoverable and liveable
purposes. it provides that development listed in Schedule 2
homes for roll-out across the country. The results
which relates to exempted development shall not
of this survey will ensure that we efficiently target
be exempted development if it would contravene an
resources and schemes to bring those homes back The main regulations that affect the design, build
objective of a development plan, or local area plan
into the liveable housing stock. This can be done, for and use of the building on completion are:
or such drafts of such plans, where such objectives
example, through the Buy and Renew Scheme or the
The planning system may relate to the preservation or protection of the
Repair and Leasing Scheme (for further details on these
character of a landscape, or of a site of archaeological
schemes – See Appendix 5). The Exempted Development Regulations, 2018 or historical interest. Restrictions also apply where
development would endanger public safety or would
Specific regulations affecting older buildings
Local Authorities have also produced Vacant Homes obstruct a public right of way, etc.
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Action Plans for their administrative areas, setting The building control system
out goals and targets to show how they intend to
Change-of-Use Exemptions
deal with levels of vacancy. In addition, each Local The Fire Services Acts
Authority will identify a designated Vacant Homes Article 10 of the Planning and Development
Officer to be assigned as a central point of contact Regulations 2001 (as amended) provides that certain
within their organisation and to liaise with central The Planning System changes of use, with regard to particular classes of
government and other stakeholders, as appropriate. The Planning system aims to ensure that the right use, are exempted from the requirement to obtain
development takes place in the right locations and permission.
Pillar Five: at the right time. Our planning system provides the
Vacant Homes Officers are available in each Local
Utilise Authority to provide information, advice and social, economic and physical infrastructure necessary Article 10 change of use exemptions are not subject
support for owners of vacant homes and also to to meet the needs of our people, and to do so in a to Article 9 restrictions. However, all exemptions,
Existing Housing deal with queries from members of the public in
respect of private residential vacant properties in
way that protects the many qualities of our natural
and built environments. This system guides Ireland’s
under Section 4 of the Act, or Article 6 and 10 of
the Regulations are subject to compliance with any
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their administrative area. A full list of Vacant Homes planning authorities, which in turn apply these general restrictions on exemptions set out in the Act
Officers and their contact details is available on the policies when assessing individual applications. and would need to be considered on a case-by-case
Key Objective: website of the Department of Housing, Planning and basis. For example, section 4(4) of the Planning and
Local Government at: http://www.housing.gov.ie/ Legislative Provisions Development Act 2000 provides that development
Ensure that existing housing stock is used housing/home-ownership/vacant-homes/vacant- shall not be exempted development if an
to the maximum degree possible – focusing homes. Under the Planning and Development Act 2000, environmental impact assessment or an appropriate
on measures to use vacant stock to renew all development including a material change of assessment of the development is required in
use, unless specifically exempted under the Act or accordance with relevant EU Directive requirements.
urban and rural areas Under the Government Policy on Architecture associated Planning and Development Regulations
implementation programme, a number of key 2001, requires planning permission. Section 4(1)
policies have been developed to align the objectives of the Act provides for a range of exemptions, Non-Planning Requirements
of heritage-led regeneration with those of spatial and section 4(2) provides that the Minister may
The Department is committed to ensuring that there It should be noted that an exemption from the
planning. Publications such as Shaping the Future – by regulations provide for further classes of
is maximum usage of the existing housing stock. requirement to obtain planning permission does not
Case Studies in Adaptation and Reuse in Historic Urban development to be exempted development.
A number of key measures to quickly bring vacant remove other regulatory requirements or general
Environments (DCHG 2012) and the Retail Design
homes back into use have already been taken. obligations. If a public road or footpath is to be
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Manual – a Companion Document to the Retail Planning
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Exempted Development dug up, for example, certain works may require the
Guidelines for Planning Authorities (DAHG/DECLG
acquisition of a Road Opening License from the
A Vacant Homes Unit has been established in the 2012) have helped to bring about a new focus on the Article 6 and Schedule 2 of the Planning and Local Authority (See Appendix 4). The carrying out
Department, with the aim of driving and co-ordinating sustainable and adaptive reuse of our existing and Development Regulations 2001 (as amended) of certain works may also require compliance with
actions at central and local government levels, and historic stock. set out certain classes of development which are Building Regulations, Building Control Regulations or
of supporting Local Authorities in their actions. The exempt from planning permission requirements, other regulatory codes and standards.
Vacant Homes Unit is working with the Central many of which classes have specific conditions or
Statistics Office, the local government sector and the limitations which restrict the exemption. In certain
Housing Agency to improve the range and usefulness circumstances, for example, the conditions may Under property law, there may be a requirement to
of the available data relating to vacant homes. The restrict the exempted development to a certain obtain way leave or a right of way from a landowner.
key focus is to enable Local Authorities to quickly size or extent. These are typically sought for such purposes as the
identify vacancy hotspots, particularly in areas where erection of telegraphy wires or the laying of pipes.
there is a high demand for homes, and which have In addition, there may be a need to obtain a waste
vacant or under-utilised houses that are capable of license to ensure proper removal and disposal of
being brought back into use. waste and materials from the sites of certain works.
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Section 5 Declaration Exempted Development These limited external works may include alterations Minimum Requirements for Residential Units
of existing ground-floor shop fronts, in which case
Under Section 5 of the Planning and Development Regulations, 2018 the works must be consistent with the fenestration
Minimum standards shall apply to residential
Act 2000, any person may seek a declaration from units being developed. These include minimum
The Planning and Development (Amendment) (No.2) details and architectural and streetscape character
a planning authority on the question of whether a requirements in relation to overall floor areas and
Regulations 2018 provide that, for development of the remainder of the building and of neighbouring
development is, or is not, exempted development. storage space requirements1 and the need for
consisting of the change of use, and any related buildings. In addition, minor external works required
The declaration must be issued within four weeks and adequate natural light in living rooms and bedrooms.
works, from an existing specified use class to to provide on-street access to the upper floors of the
may be referred to An Bord Pleanála for review. The need for natural light should not be understood
residential use, in certain circumstances and subject building are also permitted.
to provide an automatic exemption for the addition
to conditions and limitations, to be exempt from
of new windows. However, other existing exempted
General Exemptions the requirement to obtain planning permission. This
Restrictions on Works development provisions may apply.
As mentioned above, a wide range of general exemption can be availed of during the period from 8
February 2018 until 31 December 2021. A number of restrictions and limitations apply,
exemptions is provided for in both the Planning
including: Notification Provision
and Development Act 2000 and the Planning and
Development Regulations 2001 (as amended). The following provides a concise overview of the key The change of use and related works must occur Under the Regulations, the person availing of the
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Section 4(1) of the Act sets out certain categories of provisions of the regulations but does not purport to between the 8 February 2018 and 31 December planning exemptions must notify the planning
development that are exempted development. The be a legal interpretation of them. Therefore, those 2021. authority in writing at least two weeks prior to the
Act provides that maintenance and improvement proposing to undertake works under the regulations commencement of the proposed change of use
works or alterations to a building, which do not should review the provisions in detail and seek any Generally, works cannot be carried out to a and related works, and must specify the number of
materially change the external appearance of a professional advice that may be required. ground floor of a building that conflicts with housing units being provided. The planning authority
building are exempt from the need for planning an objective of the relevant Local Authority shall maintain a record of notifications received. This
permission (section 4(1)). Schedule 2, Part 1 of the development plan or local area plan for such record will be made publicly available. The planning
NOTE: The exemption relates to removing the ground floor to remain in retail use.
Regulations details further relevant exemptions for authority must also submit annual returns to the
requirement to obtain planning permission only.
works within the curtilage of a house, such as an Minister for Housing, Planning and Local Government.
Development works to vacant commercial buildings No more than nine individual housing units can
extension to a house (subject to certain restrictions),
which are being converted to residential use also be provided in any building.
sundry works and a change of use that would
need to comply with the requirements of the Building Further Information
facilitate the return of a building, currently used as Works to a protected structure shall not
Regulations and Building Control Regulations.
two dwellings, back to a single dwelling (see Class be permitted unless it has been confirmed by the Refer to Appendix 1 for further information.
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1–7, 9–14 (e)). planning authority that the works will not affect
Buildings that Benefit from the Exemption the character or elements of the structure which For answers to FAQs (Frequently Asked Questions),
Further Information The exemption applies to existing completed have been identified for protection. please see Appendix 6.
commercial buildings, such as shops and offices,
For answers to FAQs (Frequently Asked Questions), Works for the provision of on-site waste-water
which have been in use for commercial purposes but
please see Appendix 6. treatment and disposal systems (i.e. septic tanks)
which have been vacant for a period of two years
are not exempted development.
prior to the proposed works commencing and are
available and suitable for housing. As envisaged in Works shall not be permitted in a number of
Rebuilding Ireland, therefore, the regulations focus limited areas, such as areas of special planning
on bringing existing vacant commercial units back control and areas to which special amenity
into use for residential purposes thereby facilitating area orders relate and within certain perimeter
increased housing supply. distances of certain establishments where
flammable/ toxic or chemical substances are
Development Works Covered by the Exemption stored.
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The development works covered by the exemption A number of other general restrictions also apply.
are works which may be required in connection with For example, any development must not
the change of use of a building, or part of a building, contravene a condition attached to a planning
for residential purposes and are subject to certain permission relating to the building.
restrictions.
In general, the development works to the building
must primarily be works which only affect the interior
of the building. Some limited works to the external
appearance of the structure are permitted, but they
must be consistent with the character of the structure
and of neighbouring properties. With reference to the ‘Sustainable Urban Housing: Design
1.
Standards for New Apartments - Guidelines for Planning
Authorities’.
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Bringing Back Homes Bringing Back Homes
Specific Regulations Affecting authority will be able to advise on its implications for The Department of Culture, Heritage and the Building Control System
a particular property. Gaeltacht also publishes a series of booklets, the
Older Buildings Advice Series, for owners and custodians of historic In order to ensure the safety of people within the
When considering works to an existing building, it is buildings. The booklets offer detailed guidance built environment, the design and construction of
Under Section 57 of the Act, the owners or occupiers buildings is regulated under the Building Control Acts
important to establish what (if anything) is important on how best to repair, maintain and adapt such
of a protected structure are entitled to ask in writing 1990 to 2014. The Building Control Act sets out the
or significant about the building. Older buildings can properties.
for the planning authority to issue a declaration which primary purpose for which the Building Regulations
be significant in many different ways. For example,
will give guidance on identifying works that would, may be made, i.e. the health, safety and welfare
a building’s significance may stem from its physical
or would not, in the opinion of the planning authority Further information on an individual building may be of people in and around buildings. The focus is on
fabric, from its historical associations or from its
require planning permission. If an owner or occupier available on the website of the National Inventory of protection of people rather than property.
archaeological potential. The better a building’s
is in any doubt about particular proposed works, the Architectural Heritage: www.buildingsofireland.ie.
specific significance is understood, the easier it will
architectural conservation officer in the relevant Local
be to design appropriate solutions. It should be noted Building Regulations
Authority should be consulted. Under Section 5 of the
that only some older buildings are recognised as National Monuments Acts
Act, the owner or occupier of a protected structure — The Building Regulations apply to the design and
having historical significance. In some cases, a structure or site may be protected
or of a structure in an Architectural Conservation Area construction of buildings. The minimum performance
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— may also or instead request a declaration stating if under the National Monuments Acts 1930–2004. requirements that a building must achieve are set out
In some cases, the planning authority’s development proposed work should or should not be classified as The Record of Monuments and Places (RMP) is in the Second Schedule to the Building Regulations.
plan will have specific objectives regarding the development — and, if it is classified as development, the most widely applying provision of the National
adaptation of the existing building stock. whether or not planning permission is required. Monuments Acts. It comprises a list of recorded
monuments and places and accompanying maps on The Building Regulations apply to the construction of:
which such monuments and places are shown for
Planning Matters Relating to Older Buildings Development proposals affecting protected (a) New buildings (residential and non-residential)
each county. The RMP can be consulted in county
structures, proposed protected structures and
A historic building may be protected under the libraries and main Local Authority offices, and it is (b) Extensions and material alterations to existing
buildings in Architectural Conservation Areas are
Planning and Development Acts by being included also available to view or download from https://www. buildings
made through the planning system. Some additional
in the Record of Protected Structures of a particular archaeology.ie/publications-forms-legislation/record-
procedures and more detailed information are (c) Certain Parts of the Regulations apply to changes
planning authority or by being located within an of-monuments-and-places.
required as part of the process, however, as the of use of existing buildings, and
Architectural Conservation Area.
applicant must submit photographs, plans and
particulars to show how the proposed development The National Monuments Service of the Department (d) Major renovations
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Where a building is a protected structure (or has would affect the character of the structure. of Culture, Heritage and the Gaeltacht can advise
been proposed for protection) or where a building is on the protection applying to any particular Guidance on compliance with the various parts of
located within an Architectural Conservation Area, monument or place under the National Monuments the Building Regulations is given in the associated
For general advice on planning issues relating Technical Guidance Documents (TGDs). The TGDs
the usual exemptions from the requirement for Acts by reason of its being entered in the Record of
to architectural heritage, a publication entitled provide general information on how to deal with
planning permission may not apply. Monuments and Places – and should be consulted if
Architectural Heritage Protection Guidelines for Planning historic or existing buildings. Where works are carried
there is any doubt as to the status of the site.
Authorities (2011) is available to download from the out in accordance with the TGDs, this will, prima facie,
In the case of a protected structure any works which website of the Department of Culture, Heritage and indicate compliance with the Building Regulations.
would materially affect its character will require the Gaeltacht: Where a building is subject to National Monuments
planning permission. Legal protection also extends to Acts, it is exempt from the Building Regulations (Third
the interior of the building and to other structures and Schedule, Class 8 of the Building Regulations 1997). Building Control Regulations
https://www.chg.gov.ie/app/uploads/2015/07/
features within the curtilage of a protected structure, The primary responsibility for compliance with the
Architectural-Heritage-Protection-Guidelines-2011.
such as outbuildings, boundary walls, paving, railings, requirements of the Building Regulations rests with
pdf Further Information
etc. the designers, builders and owners of buildings.
For the application of the Building Regulations to
Interpretation of the legislation is, ultimately, a
These statutory guidelines set out the mechanisms for existing buildings, see Appendix 2.
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In an Architectural Conservation Area, any works matter for the Courts. Implementation of the Building
protecting architectural heritage, and the principles Control system is a matter for the local Building
to the exterior of a building which would affect the
of conservation that should apply to any proposed For answers to FAQs (Frequently Asked Questions), Control Authority.
character of the area also require planning permission.
alterations to the building. Appendix B (Architectural please see Appendix 6.
In this context, however, works to the interior may
Heritage Impact Assessments) of that document sets
not require planning permission, as they would do in In response to building failures that emerged over the
out the type of information that the owner should
the case of a protected structure past decade, the Department introduced the Building
prepare when lodging a planning application. By
preparing such an assessment before finalising the Control (Amendment) Regulations 2014 (BCAR),
The Record of Protected Structures forms part of plans, the owner and their professional advisors are in which require greater accountability in relation to
the development plan of each planning authority a better position to mitigate any negative effects and compliance with Building Regulations. Improvements
and is available online on the relevant planning generally to consider how the development can best in accountability will be achieved by ensuring that
authority’s website. The development plan maintain and enhance the character of the structure. design and construction receive statutory certification
will also contain details, including maps, of any from registered construction professionals and
designated Architectural Conservation Area. If a builders, that compliance documentation is lodged,
building is a protected structure, or if it is located
in an Architectural Conservation Area, the planning
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Bringing Back Homes
Chapter 2
that mandatory inspections are carried out during
construction and validation and that certificates are
Fire Services Acts The Basic Process
registered. With the exception of dwelling houses occupied
as single dwellings, buildings are subject to the
requirements of Part III of the Fire Services Acts,
On completion of a building or works, a certificate 1981 and 2003.
of compliance is jointly signed by the builder and
the assigned certifier. This must be accompanied by
plans and documentation that collectively show how A building containing a flat(s) - dwelling/s separated
the constructed building or works complies with the by horizontal construction from other part(s) of the
building regulations — and also with the inspection building - is subject to the requirements of the Acts.
plan, as implemented. The person having control over premises has duties in
respect of fire safety, as provided for in section 18(2).
Further Information
Fire Safety in Flats (1994)2, a document published by
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For the application of the Building Regulations to the Department, provides persons having control over
existing buildings, see Appendix 2. premises with guidance on how to best implement
and manage fire-safety requirements.
For answers to FAQs (Frequently Asked Questions),
please see Appendix 6. Among other things, Fire Safety in Flats highlights the
importance of:
Properly maintaining effective escape routes
Inspecting and maintaining fire-protection
equipment
Maintaining fire-safety records
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Inspecting and maintaining fire-fighting
equipment The simplest and most cost effective reuse options are to refurbish an existing
Ensuring that occupants of flats are properly vacant dwelling or to convert a dwelling with an existing ancillary shop back into a
informed about fire safety property used exclusively as a dwelling.
Preventing fire outbreaks
Ensuring security arrangements do not impede Where a building is planned to be sub-divided, Type 2 - Two-Storey Building with Over-the-Shop
escape in the event of fire resulting in horizontal and/or vertical separation Accommodation
to create multiple units, the works will involve a
This refers to an existing vacant dwelling that has a
higher degree of complexity and may have to satisfy
Further Information shop at ground level.
additional regulatory requirements, particularly with
For answers to FAQs (Frequently Asked Questions), regard to fire and sound.
please see Appendix 6. Type 3 - Three-Storey building with Over-the-Shop
Accommodation
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This basic process is applied to four common building
types which have high reuse potential for residential This refers to an existing vacant dwelling that has a
purposes, as follows: shop at ground level.
Type 1 - Existing Dwelling
Type 4 - Multi-Storey Building (Non-Dwelling)
This refers to an existing vacant dwelling in need of
repair/ refurbishment, so that it can be reused for This refers to an existing building with multiple floors
owner-occupation or rental purposes. which is/ was used for non-residential purposes, e.g.
as offices/ or for commercial/ mixed use.
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Fire Safety in Flats (1994) http://www.housing.gov.ie/sites/default/files/migrated-files/en/
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Step 1 Consider Reusing an Existing The Local Authorities are also tasked with the
Figure 1 The Basic Process preparation of Vacant Homes Action Plans, the
Building for Residential Purposes establishment of a Vacant Homes Office and the
Assess Our town and city centres contain a large amount of designation of Vacant Homes Officers.
underused built stock. This underused stock largely
Considerations: comprises unused or underused floors above ground-
The role of the Vacant Homes Officers is to provide
• What is the condition of the existing building? floor retail premises. Notwithstanding this, it is not
information, advice and support for owners of vacant
Step 1 • What heritage value (if any) does the building have?
possible to simply adopt a ‘one-size-fits-all’ approach
homes and also to deal with queries from members
to increasing residential development on our main
Consider reusing an of the public in respect of private residential vacant
• What are the building’s potential uses? streets. For one thing, the age and condition of the
existing building for properties in their administrative areas.
• What incentives/grants are available? original building will play a crucial role in determining
residential purposes. how to proceed in a given context. Moreover, reusing
• What are the likely costs of the proposed works?
space above shops will be more challenging where the The Vacant Homes Officer serves as a contact point
• Will the Safety, Health, Welfare at Work Regulations apply? for dissemination to interested parties (landlords,
asset is in poorer condition, which in turn has financial
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implications for those considering investment. developers, building owners) of this manual, which
Considerations: explains how planning and building-standards
• Do the works require planning permission? requirements apply to existing buildings and how
Step 2 There are also important regulations to which
best to facilitate the efficient and economic reuse
• Do the works qualify for an exemption under Exempted redevelopment works must adhere. For example,
Identify the or development of underused existing buildings for
Development Regulations, 2018? Regulations relating to fire safety, sound insulation
Regulatory path. residential purposes.
• Do the works require a Fire Safety Certificate? must be taken into account whenever a change of use
• Do the works require a Disability Access Certificate? occurs. The extent of the challenge that arises in this
context will depend on the type of building involved, The Vacant Homes Officer also serves as the first
the nature and number of new units being created point of contact for initial consultations/engagements
Design and the location of the building. with parties interested in developing vacant buildings
for residential purposes —and for coordination of
Local Authority multidisciplinary advisory-group
Step 3 Considerations: For historic buildings, it is important to establish at
meetings, as necessary. These meetings bring
a preliminary stage whether a building is protected
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Identify the key • What standards (planning, building or rental) together relevant internal Local Authority staff from
apply to the works? by legislation and what types of notifications,
design work needed. Planning, Building Control, Conservation and the Fire
permissions and/or consents it may be necessary to
Services etc., to support the process of development
obtain before undertaking any works.
and the reuse of existing buildings for residential
Approval purposes.
To minimise the risk of delays caused by inappropriate
Considerations: or inadequate proposals, the early engagement of a
A full list of Vacant Homes Officers and their contact
Step 4 • Has Planning Permission/ Fire Safety Certificate professional agent — such as an architect, a structural
details is available on the website of the Department
Confirm that / Disability Access Certificate been granted? engineer or a building surveyor — who is competent
of Housing, Planning and Local Government at: http://
approvals are • Are other specific permits required or restrictions? e.g. to advise about the existing building is strongly
www.housing.gov.ie/housing/home-ownership/
in place. . Road closure licence? recommended.
vacant-homes/vacant-homes
. Refuse/ skips?
Encouraging the reuse of such floor space for
Build residential use is vital to increase supply of new
The guidance provided in this manual will bring
more certainty to the task of achieving regulatory
homes. Local Authorities are responsible for finding
compliance, and should help those involved to de-risk
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Considerations: ways to overcome ownership issues and limited
these types of development.
Step 5 building access and/or infrastructure in order to make
• When can I start work?
Commencing redevelopment of residential units easier. In this
• Is a Commencement Notice required? In order to highlight the key considerations involved
building work. regard, the Local Authority plays a central role from
• Will the Safety, Health, Welfare at Work Regulations apply? the outset (the point at which the initial concept of in the reuse of existing buildings for residential
reusing an existing building for residential purposes purposes, this manual explores four typical main-
Note is formulated) and will provide information on the street buildings. It considers some of the different
1. Refer to your Local Authority Vacant Homes Office for further guidance and advice, financial supports and schemes that are available. types of potential development that are available for
(See: http://www.housing.gov.ie/housing/home-ownership/vacant-homes/vacant-homes) these buildings and discusses the feasibility of such
Such supports and schemes — e.g. the Living City
2. It is recommended to avail of professional advice when engaging in any part of this process. Initiative, the Repair and Leasing Scheme and the Buy development opportunities in towns and villages
Find an Architect: http://www.riai.ie/practice_directory/ and Renew Scheme — may well be the financial tipping across the country.
Find an Engineer: http://www.engineersireland.ie/membership/search-members.aspx
point that ultimately convinces people to bring
Find a Surveyor: https://www.scsi.ie/members/search?gclid=EAIaIQobChMI7O-qpfHO2gIVxp8bCh18HQ-qEAAYASACEgKq7fD_BwE
buildings/ dwellings back into use (See Appendix 5).
Find a Builder: https://www.ciri.ie/
3. For Safety, Health and Welfare at Work legislation refer to the Health and Safety Authority’s website for guidance
http://www.hsa.ie/eng/
12 13
Bringing Back Homes Bringing Back Homes
Step 2 Identify the Regulatory Path
The regulatory system of planning, fire safety, accessibility, building control and conservation is sometimes
perceived as creating competing agendas. Additional uncertainty and unnecessary delays can result if the
various elements of this system are dealt with in isolation from each other or at different times.
Typical considerations associated with the common existing building typologies are outlined in Figure 2.
Figure 2 Typical considerations associated with the common existing building types
Do the works require Do the works require a Do the works require a Disabled
Existing Building Reuse Options
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Planning Permission? Fire Safety Certificate? Access Certificate (DAC)?
Type 1 Option a There is no change to the building A Fire Safety Certificate is not A Disability Access Certificate is
Refurbishment use; so, planning permission is not required for a dwelling house. not required for a dwelling house.
Existing Dwelling required.
Elevation
Option b Planning permission is required for A Fire Safety Certificate is required A Disability Access Certificate is not required
Conversion of dwelling change of use to two dwellings. for a building which undergoes as Part M does not apply to a material change
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into two dwellings a material change of use, i.e. the of use* resulting in a dwelling,
whole building. (See Appendix 2).
NOTE: This is a material change of use
Section
Type 2 Option a Planning permission generally Fire Safety Certificate is not A Disability Access Certificate is
Inclusion of an ancillary shop not required.** required for a dwelling house. not required for a dwelling house.
Two-Storey Building
as part of the existing dwelling
with Over-the-Shop
Accommodation
NOTE: The shop may be
Elevation
ancilliary to the dwelling or
may be an independent Option B Planning permission generally A Fire Safety Certificate is required A Disability Access Certificate is required for
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shop unit. Conversion of ancillary shop to an required due to the change from for a building which undergoes a the shop only, as Part M applies to a material
independent shop unit with dwelling ancillary shop to permanent shop. material change of use,* i.e. the change of use* to a shop,
overhead shop only. (See Appendix 2).
NOTE: This is a material change of use*
for the shop only.
Section
Option c Planning permission required A Fire Safety Certificate is required A Disability Access Certificate is not required
Conversion of an ancillary/ independent unless the Exempted Development for a building which undergoes a as Part M does not apply to a material change
shop to an independent dwelling unit with Regulations, 2018 apply, material change of use,* i.e. the of use* resulting in a dwelling,
another dwelling overhead (See Appendix 1). whole building. (See Appendix 2).
NOTE: This is a material change of use.*
14 15Do the works require Do the works require a Do the works require a Disabled
Existing Building
Bringing Back Homes Reuse Options Bringing Back Homes
Planning Permission? Fire Safety Certificate? Access Certificate (DAC)?
Option a Planning permission generally not A Fire Safety Certificate is not A Disability Access Certificate is not required
Inclusion of an ancillary shop as part required.** required for a dwelling house. for a dwelling house.
of the existing dwelling
Type 3
Three-Storey Building
with Over-the-Shop
Accommodation Option b
Planning permission generally A Fire Safety Certificate is required A Disability Access Certificate is required for
Conversion of an ancillary shop to an
NOTE: The shop may be required due to change from for a building which undergoes a the shop only, as Part M applies to a material
independent shop unit with two-storey
ancilliary to the dwelling ancillary shop to permanent shop. material change of use,* i.e. the change of use* to a shop,
dwelling overhead
or may be an independent shop only. (See Appendix 2).
shop unit. NOTE: This is a material change of use*
Elevation
for the shop only.
Option c
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Planning permission required A Fire Safety Certificate is required A Disability Access Certificate is not required,
Conversion of an ancillary /independent unless the Exempted Development for a building which undergoes a as Part M does not apply to a material change
shop to an independent dwelling unit with Regulations, 2018 apply, material change of use,* i.e. the of use*resulting in (a) dwelling(s),
multiple dwellings overhead (See Appendix 1). whole building. (See Appendix 2).
NOTE: This is a material change of use*
of the building.
Section
Option d Planning permission required due A Fire Safety Certificate is required A Disability Access Certificate is required for
Conversion of an ancillary shop to an to change from ancillary shop to for a building which undergoes a the shop only, as Part M applies to a material
independent shop unit with multiple permanent shop and change of use material change of use,* i.e. the change of use* to a shop,
dwellings overhead to two dwellings whole building. (See Appendix 2).
NOTE: This is a material change of use.*
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Option a Planning permission required A Fire Safety Certificate is not A Disability Access Certificate is not required,
Conversion of a multi-storey building unless Exempted Development required for a building which as Part M does not apply to a material change
(non-dwelling) into a single dwelling Regulations, 2018 apply, undergoes a material change of use* of use* resulting in a dwelling,
Type 4 (See Appendix 1). to a single dwelling. (See Appendix 2).
Multi-Storey Building
(Non-Dwelling)
Option b Planning permission required A Fire Safety Certificate is required A Disability Access Certificate is not required,
Maintaining a non-dwelling unit at ground unless Exempted Development for a building which undergoes a as Part M does not apply to a material change
floor and providing a two-storey dwelling Regulations, 2018 apply, material change of use,* i.e. the of use* resulting in a dwelling(s),
overhead (See Appendix 1). whole building. (See Appendix 2).
Elevation NOTE: This is a material change of use* of the
building.
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Option c Planning permission required A Fire Safety Certificate is required A Disability Access Certificate is not required,
Conversion of a multi-storey building unless Exempted Development for a building which undergoes a as Part M does not apply to a material change
(non-dwelling) into multiple dwellings Regulations, 2018 apply, material change of use,* of use* resulting in a dwelling(s),
(See Appendix 1). i.e. the whole building. (See Appendix 2).
Section
Option d Planning permission required A Fire Safety Certificate is required A Disability Access Certificate is not required,
Maintaining a non-dwelling unit at ground unless Exempted Development for a building which undergoes a as Part M does not apply to a material change
floor and providing multiple dwellings Regulations, 2018 apply, (See material change of use,* of use* resulting in a dwelling(s),
overhead Appendix 1). i.e. the whole building. (See Appendix 2).
** Planning permission may be required in certain circumstances, for example, if proposed works the ground floor conflict with an objective in the
NOTE: * Reference to Material change of use in the context of Building Regulations (See Appendix 2).
relevant development or local area plan for the ground floor to remain in retail use. Consult the relevant planning authority.
16 17Bringing Back Homes Bringing Back Homes
Step 3 Identify the Key Design Work Involved
Analysis of the feasibility of development should be undertaken by exploring a range of development
‘interventions’ for the building type concerned. As can be seen in Figures 3 to 6 on the following pages, there
are a wide range of different building types and a variety of residential development options — from low level
refurbishment to large scale redevelopment of the entire plot — all of which have their own unique challenges
and opportunities. Typical intervention measures relevant to the building reuse options from Figure 3 are
outlined below as a broad guide to the building owner of the extent of works likely to be required. This is not a
substitute for appropriate professional advice that is building-specific.
Figure 3 Type 1 Existing dwelling - Reuse options
Option a Option b
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Refurbishment Conversion of dwelling into two dwellings
Typical Scale of Intervention
Typical Scale of Intervention
• Building Regulations apply, as this work is a material change of use to
• No requirements for owner occupation, but an upgrade of finishes
the building.
(painting, floor finishes) is likely to be carried out.
• Typical works will include:
• Building Regulations apply* where:
> Fire separation and sound insulation between dwellings (walls and floors)
> Services are being renewed e.g. WCs, stoves, etc.
> Provision of independent services (including heating, lighting and
> Windows and external doors are being replaced plumbing)
> Boilers are being renewed > Installation of integrated fire-alarm system in the building
(where common access exists)
• Rental Regulations apply in any case where it is proposed to offer
> Upgrade of thermal insulation
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a dwelling for rental.**
> Replacement of windows (except display windows)
• Rental Regulations apply in any case where it is proposed to
offer a dwelling for rental.**
Figure 4 Type 2 Two-storey building with over the Shop Accommodation - Reuse Options
Option b Option c
Option a Conversion of an ancillary shop Conversion of independent/ ancillary shop
Inclusion of an ancillary shop as to an independent shop unit to an independent dwelling unit with
part of the existing dwelling with dwelling overhead another dwelling overhead
Typical Scale of Intervention Typical Scale of Intervention Typical Scale of Intervention
• No requirements for owner occupation, • Building Regulations apply*, as this work • Building Regulations* apply as this work is
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but an upgrade of finishes (painting, floor is a material change of use to a shop. a material change of use to the building.
finishes) is likely to be carried out. Typical works will include: Typical works will include:
> Fire separation and sound insulation > Fire separation and sound insulation
• Building Regulations apply* where:
between shop and dwelling (walls and between dwellings (walls and floors)
> Services are being renewed, e.g. WCs, floors) > Provision of independent services
stoves etc.
> Provision of independent services (including heating, lighting and plumbing)
> Windows and external doors are (including heating, lighting and plumbing) > Installation of integrated fire-alarm
being replaced
> Installation of integrated fire-alarm system for building (where common
> Boilers are being renewed system in the building access exists)
• Rental Regulations apply in any case where > Replacement of windows (except > Upgrade of thermal insulation
it is proposed to offer a dwelling for rental.** display windows) > Replacement of windows
• Rental Regulations apply in any case • Rental Regulations apply in any case
where it is proposed to offer a dwelling where it is proposed to offer a dwelling for
*See Appendix 2 for the application of the Building Regulations to works to existing buildings. for rental.** rental.**
**See Appendix 3 for Minimum standards in rented accommodation.
18 19Bringing Back Homes Bringing Back Homes
Figure 5 Type 3 Three-Storey Building with Over-the-Shop Accommodation
Option c
Option a Option b Conversion of an ancillary shop/ independent
Option d
Inclusion of an ancillary shop Conversion of an ancillary shop to an independent Conversion of an ancillary shop to an independent
shop to an independent dwelling unit with multiple
as part of the existing dwelling shop unit with a two-storey dwelling overhead shop unit with multiple dwellings overhead
dwellings overhead
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Typical Scale of Intervention Typical Scale of Intervention Typical Scale of Intervention Typical Scale of Intervention
• No requirements for owner occupation, but an • Building Regulations* apply, as this work is a • Building Regulations* apply, as this work is a
• Building Regulations* apply, as this work is a
upgrade of finishes material change of use to the shop. Typical material change of use to the building. Typical
material change of use to the building. Typical
(painting, floor finishes) is likely to be carried out. works will include: works will include:
works will include:
• Building Regulations apply* where: > Fire separation and Sound insulation between > Fire separation and Sound insulation between
> Fire separation and sound insulation between
> Services are being renewed e.g. WCs, stoves, etc. shop and dwelling (walls and floors) dwellings (walls and floors) and access
dwellings/ shop (walls and floors), and access
> Provision of independent services to shop corridors
> Windows and external doors are being replaced corridors
(including heating, lighting and plumbing, > Provision of independent services (including
> Boilers are being renewed > Provision of independent services (including
where appropriate) heating, lighting and plumbing)
heating, lighting and plumbing)
• Rental Regulations apply in any case where it is > Installation of fire alarm in shop (if required) > Installation of integrated fire-alarm system in
> Installation of integrated fire-alarm system for
proposed to offer a dwelling for rental.** > Replacement of windows in shop (except the building
building
display windows) > Upgrade of thermal insulation
> Upgrade of thermal insulation
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> Replacement of windows
• Rental Regulations apply in any case where it is > Replacement of windows (except display
proposed to offer a dwelling for rental.** • Rental Regulations apply in any case where it is windows)
proposed to offer a dwelling for rental.**
• Rental Regulations apply in any case where it is
proposed to offer a dwelling for rental.**
*See Appendix 2 for the application of the Building Regulations to works to existing buildings.
**See Appendix 3 for Minimum standards in rented accommodation.
20 21Bringing Back Homes Bringing Back Homes
Figure 6 Type 4 Multi-Storey Building (Non-Dwelling)
Option a Option b Option c Option d
Conversion of a multi-storey building Maintaining a non-dwelling unit at ground floor Conversion of a multi-storey building Maintaining a non-dwelling unit at ground floor
(non-dwelling) into a dwelling and providing a two-storey dwelling overhead (non-dwelling) into multiple dwellings and providing multiple dwellings overhead
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Typical Scale of Intervention Typical Scale of Intervention Typical Scale of Intervention Typical Scale of Intervention
• Building Regulations* apply, as this work is a • Building Regulations* apply, as this work is a • Building Regulations* apply, as this work is a • Building Regulations* apply, as this work is
material change of use to the building. Typical material change of use to the upper floor levels. material change of use to the building. Typical a material change of use to the upper floors.
works will include: Typical works will include: works will include: Typical works will include:
> Provision of services (including heating, lighting > Fire separation and sound insulation between > Fire separation and sound insulation between
> Fire separation and sound insulation between
and plumbing) non-dwelling and dwelling (walls and floors) dwellings (walls and floors) and access
dwellings (walls and floors), access corridors
> Installation of fire-alarm system in the dwelling corridors
> Provision of independent services (including and non-dwelling unit
> Upgrade of thermal insulation heating, lighting and plumbing) > Provision of independent services to each
> Provision of independent services to each
dwelling (including heating, lighting and
> Replacement of windows > Installation of fire-alarm system in the dwelling dwelling (including heating, lighting and
plumbing)
> Upgrade of thermal insulation plumbing)
NOTE: Where the building is greater than 3 > Installation of integrated fire-alarm system in
storeys in height, further requirements may result. > Replacement of windows > Installation of integrated fire-alarm system in
the building
the building
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• Rental Regulations apply in any case where it is NOTE: Where the building is greater than 3 > Upgrade of thermal insulation
> Upgrade of thermal insulation
proposed to offer a dwelling for rental.* storeys in height, further requirements may > Replacement of windows
result. > Replacement of windows
NOTE: Where the building is greater than 3
• Rental Regulations apply in any case where it is NOTE: Where the building is greater than 3 storeys
storeys in height, further requirements may
proposed to offer a dwelling for rental.** in height, further requirements may result.
result.
• Rental Regulations apply in any case where it is
• Rental Regulations apply in any case where it is
proposed to offer a dwelling for rental.**
proposed to offer a dwelling for rental.**
*See Appendix 2 for the application of the Building Regulations to works to existing buildings.
**See Appendix 3 for Minimum standards in rented accommodation.
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