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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Irish planning & building control Question. Property owner

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Irish planning & building control Question.
Property owner intends to subdivide an existing shop unit 'A' into two shop units 'A1' & 'A2' by erecting an internal partition wall. It is the intention to change the use of the subdivided unit 'A1'into a restaurant at a later date.
If the developer lodges a planning application for the subdivision of the existing unit could an retailer interested in occupying unit 'A2' proceed with fit-out works before the sub-division planning application has been decided upon on the basis that, notwithstanding the subdivision issue & the associated planning application, it is the retailers intention to occupy what is essentially a smaller portion of the original retail unit & no change of use issues arise.

Buachaill :

1. You miss the point entirely about planning permission. You need planning permission to carry out any works to the premises. Without planning permission you cannot carry out the intended works or any works. Accordingly, once planning permission is required for the subdivision, then it must be granted before any works, including the fitting out of the new subdivided section occurs. Otherwise the works are illegal in law and any interested person can bring a court order enforcing compliance with the existing planning permission. A retailer who carrys out fit-out works before planning permission has been granted simply runs the risk of having legal proceedings taken against him and also that his investment in the fit out works will be lost. This is the case irrespective of the fact that no change of use issue arises.

Buachaill :

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