SIGNIFICANT COMMERCIAL REAL ESTATE THEMES
ACTS AWAITING COMMENCEMENT
Planning and Development Act 2024
Date signed into law: 17 October 2024
This act is to consolidate and revise the law relating to planning and development; to provide for proper planning and sustainable development in the interests of the common good; to provide for the licensing of events and control of funfairs; for those purposes to repeal the Planning and Development Act 2000; to amend certain other enactments; and to provide for connected matters.
Latest stage: Sections 6-633 are awaiting commencement.
Matheson insight:
Irish Planning Legislation Overhauled - yet to be Implemented
Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
Date signed into law: 13 October 2023
This act is to 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: The majority of the act is still awaiting commencement.
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: Section 5 and Schedule 2 insofar as they relate to the repeal of section 8 of the Ordnance Survey Act 2001, and sections 35(6), 36, 37 and 38(2) are still awaiting commencement.
Planning and Development, Maritime and Valuation (Amendment) Act 2022
Date signed into law: 24 July 2022
This act 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.
Latest stage: Sections 3 and 41(1) to (7) are still awaiting commencement.
Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022
Date signed into law: 23 July 2022
The primary purpose of this act is to provide for the payment of grants for the remediation of dwellings damaged by defective concrete blocks. The legislation will also designate local authorities whose areas where affected dwellings are located, as well as providing for the amount of grants for remediation, alternative accommodation, and for storage and immediate repairs that may be paid. Under the legislation the amounts paid may be varied by government order. Further, the act sets out the procedures for applying to a designated local authority for a grant, as well as other related matters including: time limits and conditions attached to grants; conditions for second grants; refund of compensation received by owners of affected dwellings from third parties; recovery of grants; to provide for charging orders for certain grants; and to provide for an Appeals Panel and Appeal Board and related procedures. The act revokes the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020.
Latest stage: Section 45(2)(d) is still awaiting commencement.
Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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: A number of provisions are still awaiting commencement.
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.
Latest stage: Sections 6(6), 6(7) and 42 are still awaiting commencement.
Planning and Development (Large Scale Residential Developments) Act 2021
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.
Latest stage: Section 17(6) is still awaiting commencement.
Local Government Rates and other Matters Act 2019
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.
Latest stage: Section 21(a) is still awaiting commencement.
BILLS
NOTE: Many bills lapsed with the dissolution of the Dáil Éireann on 8 November 2024, as well as by reason of the Seanad General Election in January 2025. Some bills were restored by the new Dáil Éireann on 5 February 2025 and similarly various bills were restored by the new Seanad Éireann on 19 February, 4 and 20 March 2025. Where reinstatement is approved, the bill re-enters the relevant Order Paper at the same stage it was at before the dissolution.
Land (Zoning Value Sharing) Bill 2024
Date published: 12 September 2024
This bill aims to provide for zoning date market value and zoning date use value in relation to certain land, for assessment of those values and appeal against certain assessments of those values. It also includes provisions in respect of zoning value payments.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Residential Tenancies (Amendment) (No.3) Bill 2024
Date published: 24 July 2024
This bill aims to provide for the service of a notice of invitation to bid on a tenant of certain dwellings where the tenant is served with a notice of termination that cites as a ground for termination the landlord’s intention to enter into an enforceable agreement for the transfer of the dwelling to another.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Residential Tenancies (Illegal Evictions) (Amendment) Bill 2024
Date published: 9 May 2024
This bill aims to provide for the creation of an offence of the forcible ending of a tenancy; to provide for a power to award exemplary damages where an illegal eviction has been found to have occurred; to provide for data exchange between Board and Property Services Regulatory Authority and the Revenue Commissioners in order to establish the identity of landlord of a particular dwelling; for those purposes to amend the Residential Tenancies Act 2004; and to provide for related connected matters.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Construction Safety Licensing Bill 2023
Date published: 24 March 2023
This bill aims 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: The bill is currently before Dáil Éireann, Fourth Stage.
PRIVATE MEMBERS' BILLS
NOTE: Many bills lapsed with the dissolution of the Dáil Éireann on 8 November 2024, as well as by reason of the Seanad General Election in January 2025. Some bills were restored by the new Dáil Éireann on 5 February 2025 and similarly various bills were restored by the new Seanad Éireann on 19 February, 4 and 20 March 2025. Where reinstatement is approved, the bill re-enters the relevant Order Paper at the same stage it was at before the dissolution.
Protection of Tenants’ Deposits Bill 2025
Date published: 13 February 2025
This bill seeks to amend the Residential Tenancies (Amendment) Act 2015 so that the provisions in that Act for tenant deposits to be sent to the Residential Tenancies Board are commenced within 90 days of the passing of this Act.
Latest Stage: The bill has completed Dáil Éireann, First Stage.
Planning and Development (An Taisce) Bill 2024
Date published: 25 September 2024
This bill seeks to remove An Taisce, the National Trust for Ireland, as a prescribed authority or body under the Planning and Development Act, and to provide for related matters.
Latest stage: The bill was defeated by vote.
Residential Tenancies (Amendment) (Sex for Rent) Bill 2024
Date published: 6 March 2024
This bill is to make it an offence for a landlord to seek sex in lieu of rent or to advertise to seek sex in lieu of rent and for that purpose to amend the Residential Tenancies Act 2004 and to provide for related matters.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Residential Tenancies (Amendment) Bill 2024
Date published: 27 February 2024
This bill is to amend the Residential Tenancies Act 2004 and to provide for related matters.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Date published: 28 March 2023
This bill will amend section 35A of the Residential Tenancies Act 2004 (as amended) so as to protect tenants of multi-unit developments from large-scale evictions.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Public Art Mural (Exempted Development) Bill 2023
Date published: 2 February 2023
This bill will amend Planning and Development Regulations, 2001 (SI 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: The bill lapsed with the dissolution of Dáil Éireann.
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: The bill lapsed with the dissolution of Dáil Éireann.
Residential Tenancies (Amendment) (Extension of Notice Periods) Bill 2021
Date published: 7 December 2021
This bill is to provide for the automatic extension of notice periods with respect to residential tenancies where a tenant is certified as at risk of homelessness and for that purpose to amend the Residential Tenancies Act 2004 and to provide for related matters.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Planning and Development (Amendment) (No. 2) Bill 2021
Date published: 13 May 2021
This bill is to amend the Planning and Development Act 2000 to ensure that every appeal or referral is determined within a period of 12 weeks beginning on the date of receipt by the Board of the appeal or referral, or such other period as the Minster may prescribe.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Planning and Development (Climate Emergency Measures) (Amendment) Bill 2023
Date published: 27 June 2023
This bill is proposed to amend the Planning and Developing Act 2000 to restrict certain developments in fossil fuels infrastructure and high energy usage data centres. These amendments would remove certain developments from listing as strategic development infrastructure projects, revise application procedure to allow for making applications directly to An Bord Pleanála and ensure that regard is given to the States climate targets and commitments.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Planning and Development (Provision of Public Housing) Bill 2023
Date published: 13 July 2023
This bill is proposed to amend the Planning and Development Act 2000 and repeal section 97(3)(b). Section 97(3) (b) allowed persons applying for housing for less than 0.2 hectares apply to the relevant authority for a certificate stating that section 96 shall not apply to a grant of permission in respect of the development concerned. Section 5 of the Planning and Development (Amendment) Act, 2002 changed 0.2 to hectares to 0.1 hectares.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Planning and Development (Amendment) Bill 2023
Date published: 12 July 2023
This bill is proposed to amend the Planning and Development Act 2000. The amendments will provide An Bord Pleanála with powers, functions and duties in relation to pending applications and appeals of long duration and to provide for related matters. If an application or appeal has been pending for 12 months, the Board must make a decision on the application or appeal within 18 weeks. If an application and appeal has been pending for a long period of time considerations taken by the Board may have changed and the Board would be prohibited from refusing permission based solely on the fact that the relevant considerations have changed without allowing the applicant to make a submission or observation on the consideration.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Developers Profits Transparency Bill 2023
Date published: 25 October 2023
This bill is proposed to introduce a requirement for property developers who are in receipt of State subsidies to publish annual financial statements.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
Protection of Private Residences (Against Targeted Picketing) Bill 2021
Date published: 4 November 2021
This bill is proposed to make provision for the prevention of the targeted picketing of a private residence and to provide for related matters.
Latest stage: The bill lapsed with the dissolution of Dáil Éireann.
IRISH PROPOSED LEGISLATION
Apartment and Duplex Defects Remediation Bill
This bill will provide for the establishment of a remediation scheme for apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013.
Latest stage: Heads of bill approved in September 2024. Listed for priority publication in the Spring 2025 Legislative Programme.
Housing (Miscellaneous Provisions) (No. 2) Bill
The purpose of this bill is to amend and make additions to the Housing Acts in respect of social housing eligibility, specifically, making statutory arrangements for residency requirements, and amendments to the Building Control Acts.
Latest stage: Pre-legislative scrutiny completed in May 2024. Listed for priority publication in the Spring 2025 Legislative Programme.
Energy Performance of Buildings Bill
The purpose of this bill is to transpose the requirements of the recast Energy Performance of Buildings Directive (EU) 2024/1275.
Latest stage: Heads in preparation. This is listed as legislation for priority drafting in the Spring 2025 Legislative Programme.
Remediation of Dwellings damaged by the Use of Defective Concrete Blocks (Amendment) Bill
The purpose of this bill is to amend the Remediation of Dwellings by the Use of Defective Concrete Blocks Act 2022 to provide for maximum grant payable under the Scheme and the associated square metre grant rates.
Latest stage: Heads in preparation. Listed for priority drafting in the Spring 2025 Legislative Programme.
Heat (Networks and Miscellaneous Provisions) Bill
The purpose of this bill is to establish a regulatory model for district heating that ensures consumer protection and the delivery of a vibrant district heating industry, and to mandate all public sector buildings and facilities to connect to district heating where it is available and is technically and economically feasible.
Latest stage: Head of Bill approved in October 2024 and it is listed for priority drafting in the Spring 2025 Legislative Programme.
Registration of Short-term Tourist Letting Bill
The purpose of this bill is to provide for new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland, with a view to ensure that houses are used to best effect in areas of housing need.
Latest stage: Work is ongoing and it is listed for priority drafting in the Spring 2025 Legislative Programme.
Local Property Tax Bill
The purpose of this bill is to amend the Finance (Local Property Tax) Act 2012, to amend the Taxes Consolidation Act 1997 and to provide for related matters.
Latest stage: Work is underway and it is listed as "all other legislation" in the Spring 2025 Legislative Programme.
Fire Services Bill
This bill will consolidate and update the Fire Services Acts 1981 and 2003.
Latest stage: Work is ongoing. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
Building Standards Regulatory Authority Bill
This bill will provide for the establishment of a Building Standards Regulatory Authority to strengthen the oversight role of the State in respect of the design and construction of buildings and the marketing and use of construction products.
Latest stage: Heads in preparation. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
Local Government (Amendment) Bill
This bill aims to amend the Local Government Act 2001 to legislate for reforms arising from commitments in the Programme for Government and other miscellaneous local government matters; and to amend the Mayor of Limerick Act following a review of the legislation after 3 years, if necessary.
Latest stage: Work is underway. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
Industrial Development (Miscellaneous Provisions) Bill
This bill will provide that IDA Ireland be permitted to establish jointly owned Designated Activity Companies (DACs) to develop industrial and commercial property and infrastructure. This bill also contains additional amendments in respect of Enterprise Ireland and the Health and Safety Authority.
Latest stage: Revised Heads in Preparation. Listed as "all other legislation" in the Spring 2025 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 and the EU-UK Trade and Cooperation Agreement.
Latest stage: Work is underway. Listed as "all other legislation" in the Spring 2025 Legislative Programme.
EU DIRECTIVES
Energy Performance of Buildings Directive (Recast)
Procedure reference: EU/2024/1275
The Energy Performance of Buildings Directive (Recast) aims to (i) increase the rate of building renovations; (ii) reduce energy consumption; and (iii) promote the uptake of renewable energy in buildings. It sets ambitious targets to achieve these objectives.
Latest stage: The Energy Performance of Buildings Directive (Recast) was published in the Official Journal of the EU on 8 May 2024 and entered into force on 28 May 2024. Member States have until 29 May 2026 to implement the Energy Performance of Buildings Directive (Recast) into national law. Ireland have begun to transpose this Directive into Irish law through the European Union (Energy Performance of Buildings) Regulations 2024 (S.I. No. 642/2024), which amends S.I. No. 393/2021 to enhance energy efficiency requirements for buildings. It also enacted the European Union (Energy Performance of Buildings) Regulation 2024 (S.I. No. 749/2024), which came into effect on 1 January 2025. These Regulations specifically transpose Article 17(15) of Directive 2024/1275, prohibiting public bodies from providing financial incentives for the installation of stand-alone boilers powered by fossil fuels from 1 January 2025. While Ireland has made strides in implementing certain aspects of the Recast, the complete transposition is still in progress.