Eoghan Kenny (Cork North-Central, Labour)
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637. To ask the Minister for Housing, Planning, and Local Government the regulations providing for exempted development for the conversion of commercial properties to residential accommodation under S.I 75 of 2022, and the extension under S.I No. 378 of 2025, the requirement on local authorities to inspect these properties to ensure changes comply with building regulations and are at a suitable standard for habitation; the requirement on local authorities to monitor the progress of works on these buildings during the conversion period; and if he will make a statement on the matter. [62000/25]

Eoghan Kenny (Cork North-Central, Labour)
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638. To ask the Minister for Housing, Planning, and Local Government of the notifications for the conversion of commercial properties to residential accommodation under S.I 75 of 2022, the number which have been inspected during or after completion of works to ensure adequate accommodation for human habitation has been produced; if his Department has compiled this information or sought it from local authorities or instructed local authorities to ensure it is of an appropriate standard; if there are any public records available on this; and if he will make a statement on the matter. [62001/25]

Eoghan Kenny (Cork North-Central, Labour)
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639. To ask the Minister for Housing, Planning, and Local Government regarding the conversion of commercial properties to residential accommodation under S.I 75 of 2022, the requirements for the maintenance or improvement of the exterior fabric of the building particularly where this involves former shop fronts in town centres; and if he will make a statement on the matter. [62002/25]

John Cummins (Waterford, Fine Gael)
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I propose to take Questions Nos. 637 to 639, inclusive, together.

Planning and Development Act (Exempted Development) Regulations 2022, provides an exemption from the requirement for planning permission for the conversion of certain types of vacant commercial property into residential use, such as ‘living over the shop’ accommodation and conversion of vacant pubs, up to a maximum of 9 residential units. Article 10(6) of the 2001 Regulation sets out the provisions exempting change of use from vacant commercial units to residential units.

I propose to take Questions Nos. 637, 638 and 639 together.

Draft regulations have been laid before the Houses of the Oireachtas providing for an extension, until 31 December 2028, of the exemption for conversion to residential use set out under S.I. No. 75 of 2022.

Following engagement on the draft regulations with the Joint Oireachtas Committee for Housing, Local Government and Heritage and receipt of positive resolutions of both Houses of the Oireachtas as required under section 262(4) of the Planning and Development Act 2000, as amended, I, as the Minister of State with responsibility for Planning, will sign the regulations into law at the earliest opportunity once finalised.

The use of the 2022 Regulations requires the developer to notify the planning authority at least two weeks prior to the commencement of any proposed change of use and related works. Planning authorities are required to maintain a record and to submit annual returns to the Department on the notifications received in the preceding year including the location and number of residential units to be provided.

My Department publishes these returns annually and prepares a Planning Exemptions Story Map to provides further background information and spatial analysis of notifications received. The information is available at:

www.gov.ie/en/department-of-housing-local-government-and-heritage/publications/notifications-received-by-local-authorities-under-planning-permission-exemptions-for-converting-commercial-property-into-homes/

The Building Regulations 1997, as amended, set out the legal requirements in Ireland for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. The related Technical Guidance Documents (Parts A - M respectively) provide technical guidance on how to comply with the regulations in practical terms. Where works are carried out in accordance with the relevant technical guidance, such works are considered to be, prima facie, in compliance with the relevant regulation(s).

The Building Control Regulations 1997, as amended, set out the legal provisions that specify matters of procedure, administration and control for the purposes of securing the implementation of, and compliance with, the requirements of building regulations. In general, under the Building Control Regulations there is a requirement to notify building control authorities when a material change of use takes place to create a new dwelling.

The primary responsibility for compliance with the requirements of the Building Regulations and the Building Control Regulations rests with the designers, builders and owners of buildings.

Since the introduction of Building Control (Amendment) Regulations 2014 (BCAR), greater accountability is required in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. This legislation empowers competence and professionalism in construction projects and establishes a chain of responsibility that begins with the owner.

The Code of Practice for Inspecting and Certifying Buildings and Works (September 2016) provides guidance with respect to inspecting and certifying works or a building for compliance with the requirements of the Building Regulations, including guidance on the various roles and responsibilities from commencement through to completion.

Enforcement of the Building Regulations and the Building Control Regulations is delegated under the Building Control Act to the local Building Control Authorities (i.e. the 31 local authorities). They have strong powers of inspection, enforcement and prosecution and are independent in the exercise of their statutory powers.