Tusla take over residential block of apartments owned by foreign investment firm

T

Thesearcher

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Hello,

Firstly, this is non-political post and I'm only looking for planning enforcement / legal information. A colleague asked me can I look into this as I work in the property sector but I'm not quite sure where to start.

A neighbouring mid-terraced property of a colleague in Fairview was originally renovated by a developer from a single residential property to four apartments within. The developer rented it out but later booted out the occupants of each apartment so that a certain Luxemburg landlord could use the apartments for Airbnb lets. It was shut down as this apparently breached planning regulations which were put in place to free up apartments/houses and alleviate the housing crisis.

The original developer sold the property and now a supposed foreign investment company has bought the property and let the whole place out to Tusla for their use as an under 18 migration centre. There are quite a number of educators and migrants totalling 15 + persons living in the entire unit (with possibly more to follow).

There are antisocial issues (which I won't get into) that would relate to any property where there are that number of minors living under the one roof. However, it being a mid-terraced property in a residential street - on the surface, this would appear to be a dramatic change of use of a property containing four apartments and contrary to why the original planning permission was granted.

Does anyone know the planning law in relation to this or other options that might be available?

Thanks and all the best

T
 
The anti-social aspect is not one of planning, but complaints should be made to the Gardai and records kept.

The use as you describe it is still very much residential, and so there is no requirement to submit a change of use. Tusla themselves would be the body you would report concerns about overcrowding, so I suspect that avenue is unlikely to produce the results you might be after but it may be worth having a conversation on any legitimate concerns. After all, the residents being looked on poorly by their neighbours would make for a less than ideal environment.
 
Thanks Leo, much appreciated. I will make sure to pass on the info about records being kept and contacting Tusla - good call.

I would have thought it was a step further than residential and more akin to a boarding school, B&B or open-prison whereby there are several full time employees being paid to oversee the occupants.

Would you know if this type of letting falls under the remit of the RTB? And if it doesn't fall under the RTB can it still be classified as residential?

Thanks again
 
Thesearcher said:
Would you know if this type of letting falls under the remit of the RTB? And if it doesn't fall under the RTB can it still be classified as residential?
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No, social housing does not fall under the remit of the RTB. The home that I own similarly does not fall under the remit of the RTB, that doesn't mean it's not a residential property.
Thesearcher said:
I would have thought it was a step further than residential and more akin to a boarding school, B&B or open-prison whereby there are several full time employees being paid to oversee the occupants.
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Prison?? B&Bs operate in residential properties, charities supporting the disabled operate in residential units with paid carers living there enabling their service users to lead a fuller life. You could hire a live-in nanny or care assistant, you wouldn't need to apply for planning permission to do so.
 
Leo said:
No, social housing does not fall under the remit of the RTB. The home that I own similarly does not fall under the remit of the RTB, that doesn't mean it's not a residential property.

Prison?? B&Bs operate in residential properties, charities supporting the disabled operate in residential units with paid carers living there enabling their service users to lead a fuller life. You could hire a live-in nanny or care assistant, you wouldn't need to apply for planning permission to do so.
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Thanks again Leo, I only meant the "boarding school, B&B or open-prison" terms in the context of planning and nothing else. And in this respect, do B&B's not fall into commercial, similar to hotels, and the reason for the Airbnb issue with them being in breach of planning / requiring planning permission in the first place. This is where I was coming from and thought the same may apply for a government facility being set up.

Thanks for clarifying the above re: RTB etc and in previous post which makes sense for my colleague.
 
This is dreadful for other residents of the street who are undoubtedly paying mortgages and expect to enjoy a peaceful life. How about referring the situation to the county council or a local TD. As far as I know a B and B above a certain size needs planning but am open to correction.
 
Thesearcher said:
And in this respect, do B&B's not fall into commercial, similar to hotels, and the reason for the Airbnb issue with them being in breach of planning / requiring planning permission in the first place. This is where I was coming from and thought the same may apply for a government facility being set up.
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No, B&Bs are almost universally in buildings classified as residential. The issue with AirBnB properties requiring planning only applies where the full property is being let out for periods of up to 14 days, which does not apply here.
 
Mamamia22 said:
As far as I know a B and B above a certain size needs planning but am open to correction.
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That applies in situations where you take in paying guests in more than 4 bedrooms, so not applicable here.
 
Assuming it is being used to house migrants, it was certainly planned in 2022 to remove the need for planning permission for change of use of a building to house migrants and refugees for 2 years. I'm presuming the relevant order was actually signed into law.
 
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