Commercial Real Estate
Legislative and Regulatory Developments
IRISH LEGISLATION PASSED SINCE THE AUTUMN HORIZON TRACKER
Date signed into law: 21 December 2022
This act provides for the establishment of Tailte Éireann, a single body incorporating Ordnance Survey Ireland, the Valuation Office and the Property Registration Authority.
Latest stage: Not fully enacted. A number of provisions were commenced on 20 February 2023 and on 1 March 2023. The remaining provisions await commencement.
Date signed into law: 29 October 2022
An act to make emergency provision to defer the termination dates of certain tenancies that fall, or would fall, during the period beginning on the day after the date of the passing of this act and ending on 31 March 2023 and other related matters.
Latest stage: Commenced on enactment.
IRISH PROPOSED LEGISLATION
This bill will review and replace the Planning and Development Act 2000 with a consolidated bill improving the clarity and structure of the current code. Core provisions of the draft bill include strengthening the legal status of ministerial guidelines, an extension of Local Government Development Plans, mandatory timelines for consent processes and the restructuring of An Bord Pleanála which will be renamed An Coimisiún Pleanála. Also included are provisions which will change the timing requirements and rights of standing requirements for judicial review of matters arising under the act, the latter having attracted negative criticism from interested groups (see commentary). The legislation aims to modernise and streamline planning processes to enable the delivery of essential infrastructure such as housing and renewable energy resources while ensuring a greater integration of environmental considerations into the planning process.
Latest stage: Listed as priority legislation in the Spring Legislative Programme, the draft Planning and Development Bill was published on 26 January 2023. Pre-legislative scrutiny by the Joint Committee on Housing, Local Government and Heritage is underway, with a number of discussions held in February and March 2023.
This bill will amend the Planning and Development Act 2000 to introduce new provisions to deal with land value sharing and urban development zones reflected in the Government Housing for All Plan.
Latest stage: Heads approved on 14 December 2021, pre-legislative scrutiny to be determined. The General Scheme was published on 22 December 2021. Listed as priority legislation for publication in the Spring Legislative Programme.
Property Services Regulation (Amendment) Bill
This bill will revise the Property Services Regulation Act 2011 in light of the Services Directive 2006/123/EC, the Recognition of Professional Qualifications Directive 2005/36/EC, European Court of Justice case law related to this area, and to the supply of services more generally in the EU.
Latest stage: Heads of Bill in preparation. Listed as all other legislation in the Spring Legislative Programme.
Housing (Miscellaneous Provisions) Bill
This bill will amend the existing provisions in the Housing (Miscellaneous Provisions) Act 2009 in respect of social housing assessments, including section 20 of that act on social housing assessments and section 31 of the same act on rent schemes, in addition to amendments to provisions from the Housing (Miscellaneous Provisions) Act 2014 on tenant purchase.
Latest stage: Work is underway. Listed as all other legislation in the Spring Legislative Programme.
Fire, Emergency Management and Public Safety Bill
This bill will consolidate and update the Fire Services Acts 1981 and 2003. It will also underpin current established emergency management practice at national and local level. Also included are provisions to enhance the legislation governing safety at funfairs and the licensing of indoor events.
Latest stage: Work is underway. Listed as all other legislation in the Spring Legislative Programme.
To provide for the establishment of a statutory licensing system for construction and related activities. including, amongst other aims, the introduction (on a primary legislative basis) of safety awareness requirements for workers in the construction sector; the establishment of a licensing model for workers based on an assessment of competence, to replace the accredited training model and the introduction of skills-based assessment merging the assessment and licensing processes for construction and quarrying activities
Latest stage: Listed as priority legislation for publication in the Spring Legislative Programme. The General Scheme of the bill was published on 6 October 2022.
The purpose of this bill is to amend the Tourist Traffic Acts 1939 – 2016 to make provision for the registration of short-term tourist lettings which arise in circumstances where the quantity and type of accommodation offerings for tourists that are advertised as available in Ireland greatly outnumber those businesses that are registered and known to Fáilte Ireland. Second, when enacted, the bill will require any party offering accommodation on a short-term basis to tourists to be registered on a register and to hold a valid registration number issued by Fáilte Ireland; and third, the bill creates a system of sanctions so that where the accommodation does not appear on a register and no valid registration number is held, the proprietor and any person who promotes the premises will face prosecution where they provide, advertise, or otherwise offer such unregistered accommodation to tourists for periods of up to 21 nights.
Latest stage: General Scheme of the bill was published on 8 December 2022. The Joint Committee on Tourism, Culture, Arts, Sport and Media met on 1 March 2023 and discussed the bill with industry representatives.
Date published: 17 January 2023
This bill will repeal the National Monuments Acts 1930 to 2014 and replace those acts with provisions for the protection of historic and archaeological heritage, in addition to including provisions for the regulation of certain activities in the interests of such protection. It also includes provisions enabling the state to ratify or accede to certain international conventions which relate to such protection or regulation. It will also give effect to the Environmental Impact Assessment Directive (Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU) and to the Habitats Directive (Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora as amended by Council Directive 97/62/EC, Regulation1882/2003 , Council Directive 2006/105/EC, and Council Directive 2013/17/EU) in relation to the carrying out of works at, on, in, under, to, or within the immediate surroundings of monuments. It will also give further effect to the Valletta Convention (the European Convention on the Protection of the Archaeological Heritage (Revised)) of 16 January 1992; to consequentially repeal or amend certain other enactments; and to provide for related matters.
Latest stage: Currently before Seanad Éireann, Fourth Stage
PRIVATE MEMBERS' BILLS
Date published: 2 February 2023
This bill will Bill amend Planning and Development Regulations, 2001 (S.I. No. 600 of 2001) to provide for exemptions from planning permission for certain categories of public art murals where such work has artistic or cultural merit, has the permission of the owner of the building or structure on which it is displayed, is not a commercial advertisement and does not conflict with the Equal Status Acts.
Latest stage: Currently before Dáil Éireann, Second Stage
Date published: 19 October 2022
This bill will amend the Residential Tenancies Act 2004 to ban evictions for the duration of the current housing emergency.
Latest stage: Completed Dáil Éireann, Second Stage
ACTS AWAITING COMMENCEMENT
Date signed into law: 24 July 2022
This legislation amends Part XA of the Planning and Development Act 2000 (the "Principal Act") for the purpose of streamlining substitute consent procedures under the Principal Act. Other amendments to the Principal Act include provisions in relation to the advertisement of short term letting of properties in rent pressure zones; a new requirement that consultations must be undertaken before making applications in relation to certain land and maritime area developments, with respect to details not confirmed at the time of the application; and amendments to s. 34(12) of the Principal Act, allowing planning authorities to refuse to consider an application for retention of an unauthorised development where it decides that an environmental impact assessment or appropriate assessment was required, and amendments to s. 37L of the Principal Act, relating to quarry substitute consent applications, to extend the section to other types of developments.
The legislation also makes a number of changes to the Maritime Area Planning Act 2021 (See Climate, Energy and Natural Resources section).
Latest stage: A number of sections have been commenced.
Date signed into law: 21 July 2021
This act will give effect to the government’s affordable housing policy. The act provides for the establishment of a new affordable shared equity scheme and will define ‘Cost Rental’ as a new form of tenure and place it on a statutory footing.
Commencement: Certain provisions are still awaiting commencement. The Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 has amended a number of provisions.
Date signed into law: 14 December 2021
This act amends and extends the Planning and Development Acts 2000 to 2021 with respect to planning permission applications for certain large-scale residential developments, replacing the Strategic Housing Development arrangements which expired on 25 February 2022.
Commencement: Whole act other than s. 17(6) has been commenced.
Date signed into law: 11 July 2019
This act modernises the law governing commercial rates and enhances the rates collection powers of local authorities. It provides for interest to be applied where rates are unpaid and for the application of minimum charges for vacant commercial premises. Mechanisms are brought in allowing local authorities to introduce targeted rates alleviation schemes.
Date signed into law: 5 July 2022
This act provides for the establishment of a register to be known as the Construction Industry Register Ireland (Clár Tionscail Foirgníochta na hÉireann )(“CIRI”) which will regulate providers of building works. The legislation provides for the establishment of a registration body which will determine the standards and competencies required of building work providers, as well as investigating and adjudicating any complaints. The registration body under the legislation will be appointed as the competent authority for the purposes of the European Union (Recognition of Professional Qualifications) Regulations 2017.
Latest stage: The majority of the act has been commenced but a number of provisions are awaiting commencement.
Date signed into law: 23 July 2022
An Act to provide for the payment of grants for the remediation of certain dwellings damaged by the use of defective concrete blocks in their construction; to designate local authorities in whose areas affected dwellings are located; to provide for the amount of grants for remediation, alternative accommodation, storage and immediate repairs that may be paid and for variation of those amounts by Government order; to provide for procedures for application to a designated local authority for a grant and for determination by the Housing Agency of the application; to provide for time limits and conditions to attach to grants; to provide for certain second grants; to provide for refund of compensation received by owners of affected dwellings from third parties; to provide for recovery of grants in certain circumstances; to provide for charging orders for certain grants and their release; to provide for a scheme to enable remediation of designated local authority and approved housing body owned dwellings; to provide for an Appeals Panel and Appeal Board and procedures for appeals; to provide for authorised officers; to provide for revocation of the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 and necessary transitional arrangements; and to provide for related matters.
Commencement: Not yet commenced.