29. Planning, Development and Housing

Updated to 16 January 2020 (Act no. 53 of 2019 and S.I. No. 14 of 2020)

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29.1. Planning and Development

29.1.1. General

Local Gov
  • none
21/1982
Local Gov
  • none
12/1993
Local Gov 2 30/2000
Local Gov
  • none
32/2002
Local Gov 27/2006
Local Gov
  • none
17/2010
Local Gov 30/2010
Local Gov 27/2013
Local Gov
  • none
63/2015
Local Gov 17/2016
Local Gov
  • none
20/2017
Local Gov 16/2018
1 Section 6 not repealed. The Act appears to have expired because s. 6 relates to permission or approval granted before 15 March 1977.
2 Gaeltacht (in part): see S.I. No. 192 of 2011, S.I. No. 216 of 2011 and S.I. No. 220 of 2011.
3 The enabling provision is Local Government (Planning and Development) Act 1963 (28/1963), s. 43(3). This was repealed by Planning and Development Act 2000 (30 of 2000), s. 264, commenced by S.I. No. 599/2001. There is a saver for regulations in s. 265. The SI now appears to be obsolete/spent and should be revoked.
4 The enabling provision is Local Government (Planning and Development) Act 1963 (28/1963), s. 43(3). This was repealed by Planning and Development Act 2000 (30 of 2000), s. 264, commenced by S.I. No. 599/2001. There is a saver for regulations in s. 265. The SI now appears to be obsolete/spent and should be revoked.
5 Ibid.
6 The enabling provision is Local Government (Planning and Development) Act 1982 (21/1982), s. 7. This was repealed by Section 264 of the Planning and Development Act 2000 (30/2000), s. 264, commenced by S.I. No. 599 of 2001. There is a saver in s. 28(3): Any planning guidelines made by the Minister and any general policy directives issued under section 7 of the Act of 1982 prior to the commencement of this Part and still in force immediately before such commencement shall be deemed to be guidelines under this section.
7 The enabling provision is Local Government (Planning and Development) Act 1963 (28/1963), s. 43(3). This was repealed by Planning and Development Act 2000 (30 of 2000), s. 264, commenced by S.I. No. 599/2001. There is a saver for regulations in s. 265.
8 The enabling provision is Local Government (Planning and Development) Act 1963 (28/1963), s. 43(3). This was repealed by Planning and Development Act 2000 (30 of 2000), s. 264, commenced by S.I. No. 599 of 2001. There is a saver for regulations in s. 265. The SI appears to be superseded by s. 104 of the 2000 Act and should be revoked.
9 The enabling provision is Local Government (Planning and Development) Act 1963 (28/1963), s. 43(3). This was repealed by Planning and Development Act 2000 (30 of 2000), s. 264, commenced by S.I. No. 599 of 2001. There is a saver for regulations in s. 265.
10 Ibid.
11 Also listed under Title 31.10: Outdoor Events, Including Funfairs.
12 Also listed under Title 31.10: Outdoor Events, Including Funfairs.
13 Also listed under Title 31.10: Outdoor Events, Including Funfairs.
14 Also listed under Title 31.10: Outdoor Events, Including Funfairs.
15

Also listed under Title 31.10: Outdoor Events, Including Funfairs.

16

Also listed under Title 13.2: Dáil Éireann (General) Elections.

17

Also listed under Title 23.3.3: Residential Tenancies.

29.1.2. Dublin Reconstruction

Local Gov
  • none
24/1924
Local Gov
  • none
38/1925
Education 21/2005

29.1.3. Western Development Commission

Gaeltacht 18 42/1998
18 Transferred to Environment, Community and Local Government by S.I. No. 196 of 2011, it was transferred (9.06.2016) to Arts, Heritage and the Gaeltacht by S.I. No. 308 of 2016.

29.2. Commissioners of Public Works in Ireland

Finance 19
  • none
3/1996
Finance
  • none
15/1978
19 Functions under ss. 2(1)(a) and (b), 2(4) and (5), 3(3) and 6 transferred to Public Expenditure and Reform by S.I. No. 418 of 2011.

29.3. Derelict Sites

Local Gov 14/1990

29.4. Housing

29.4.1. General

Local Gov 20 21/1966
Local Gov 56 27/1979
Local Gov 62 28/1988
Local Gov 18/1992
Local Gov 21/1997
Local Gov 9/2002
Local Gov
  • none
43/2004
Local Gov 22/2009
Local Gov
  • none
22/2013
Local Gov 21/2014
Local Gov 71 24/1936
Local Gov
  • none
42/1937
20 Ministerial functions under ss. 5(3), 38, 45(1) and 47 transferred from Finance to Public Expenditure and Reform by S.I. No. 318 of 2015.
21 There is no general saver for SIs in force before enactment of the 1966 Act, only transitional provisions in s. 121. Such pre-1966 SIs therefore ceased to have effect but were not explicitly revoked. They include: S.R.& O. Nos. 27 of 1932, 79 of 1932, 80 of 1932, 614 of 1935, 629 of 1935, 5 of 1936, 331 of 1936, 19 of 1938, 197 of 1938, 255 of 1938, 144 of 1943, 213 of 1946, 74 of 1947 and S.I. Nos. 60 of 1948, 90 of 1948, 91 of 1948, 248 of 1948, 293 of 1948, 267 of 1950, 308 of 1950, 307 of 1951, 313 of 1952, 389 of 1952, 420 of 1953, 174 of 1954, 200 of 1954, 261 of 1954, 23 of 1957, 144 of 1957, 173 of 1957, 75 of 1958, 230 of 1958, 24 of 1959, 97 of 1961.
22 This SI appears to be obsolete/spent and should be revoked.
23 Despite the title of this SI, it was made under Housing Act 1966 (21/1966), ss. 5 and 26. Section 23 was repealed by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., subject to a saver in s. 23(3): A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, insofar as it could have been made under a corresponding provision of this Act, continue in force after such commencement as if it had been made under the corresponding provision of this Act and may be amended or revoked accordingly. This SI is also listed under Housing (Miscellaneous Provisions) Act 1979 (27/1979). It appears to be obsolete/spent and should be revoked.
24 Ibid.
25 The scheme provided for in this SI has been stood down and accordingly it appears to be obsolete/spent and should be revoked.
26 Ibid.
27 Ibid.
28 Ibid.
29 Ibid.
30 Ibid.
31 Ibid.
32 Ibid.
33 Ibid.
34 Ibid.
35 The enabling provisions are Housing Act 1966 (21/1966), ss. 5 and 39 and Housing (Miscellaneous Provisions) Act 1979 (27/1979), ss. 8 and 10. Section 39 of the 1966 Act and s. 8 of the 1979 Act were repealed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 38(1) and sch., commenced by S.I. No. 223 of 1992. There is a saver in s. 35(5): A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, in so far as it could have been made under a corresponding provision of this Act, continue in force after such commencement and be deemed to have been made under the corresponding provision of this Act and may be amended or revoked accordingly. The Housing (Miscellaneous Provisions) Act 1979 ( 27/1979), s. 10 was repealed by Housing Act 1988 (28 of 1988), s. 30(1), commenced by S.I. No. 295 of 1988. There is a saver for SIs in s. 30(2): A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, insofar as it could have been made under a corresponding provision of this Act, continue in force after such commencement as if it had been made under the corresponding provision of this Act and may be amended or revoked accordingly. Accordingly this SI appears to be retained. However, the scheme provided for has been stood down and therefore this SI appears to be obsolete/spent and should be revoked.
36 Ibid.
37 Ibid.
38 The scheme provided for in this SI has been stood down and accordingly it appears to be obsolete/spent and should be revoked.
39 Ibid.
40 Ibid.
41 Ibid.
42 The enabling provisions are Housing Act 1966 (21/1966), s. 5 and Housing Act 1988 (28/1988), s. 15. Section 15 was repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, commenced by S.I. No. 449 of 2009. Section 5 is a general regulation making power under which these regulations apper to survive.
43 The scheme provided for in this SI has been stood down and accordingly it appears to be obsolete/spent and should be revoked.
44 Ibid.
45 Ibid.
46 Ibid.
47 The enabling provisions are Housing Act 1966 (21/1966), s. 5 and Housing Act 1988 (28/1988), s. 15. Section 15 was repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, commenced by S.I. No. 449 of 2009. Section 5 is a general regulation making power under which these regulations appear to survive.
48 The scheme provided for in this SI has been stood down and accordingly it appears to be obsolete/spent and should be revoked.
49 The scheme provided for in this SI has been stood down and accordingly it appears to be obsolete/spent and should be revoked. The only surviving substantive provision is reg. 5.
50 The sole function of this SI is to amend S.I. No. 30 of 1996, revoked by Residential Tenancies Act 2004 (27/2004), s. 10(2), commenced by S.I. No. 505 of 2004. It is accordingly obsolete/spent and should be revoked.
51 The enabling provisions are Housing Act 1966 (21/1966), s. 5 and Housing Act 1988 (28/1988), s. 15. Section 15 was repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, commenced by S.I. No. 449 of 2009. Section 5 is a general regulation making power under which these regulations appear to survive.
52

All substantive provisions were revoked by S.I. No. 145 of 2009.

53 The scheme provided for in this SI has been stood down and accordingly it appears to be obsolete/spent and should be revoked.
54 S.I. No. 465 of 2012 extends the last day for selling houses under the 2011 Scheme to 30 June 2013.
55 Primarily made under Housing (Miscellaneous Provisions) Act 2009 (22/2009).
56 Ministerial functions under ss. 5(1), 6(1), (2) and (5), 7(1), 11(1)(a) and (2)(a) transferred from Finance to Public Expenditure and Reform by S.I. No. 318 of 2015.
57 Despite the title of this SI, it was made under Housing Act 1966 (21/1966), ss. 5 and 26. Section 23 was repealed by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., subject to a saver in s. 23(3): A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, insofar as it could have been made under a corresponding provision of this Act, continue in force after such commencement as if it had been made under the corresponding provision of this Act and may be amended or revoked accordingly. This SI is also listed under Housing Act 1966 (21/1966). It appears to be obsolete/spent and should be revoked.
58 Ibid.
59 The enabling provision, s. 4, was repealed by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4. It appears to be continued in effect by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2002, S.I. No. 517 of 2002, reg. 2. However, it may no longer have any practical effect.
60 Ibid.
61 Ibid.
62 Ministerial functions under s. 3(1), 4(1), 6, 10(4) and 16(2) transferred from Finance to Public Expenditure and Reform by S.I. No. 318 of 2015.
63

The enabling provision, Housing Act 1970 (18/1970), s. 7, was repealed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., commenced by S.I. No. 223 of 1992. There is a saver for regulations in section 37(5): A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, in so far as it could have been made under a corresponding provision of this Act, continue in force after such commencement and be deemed to have been made under the corresponding provision of this Act and may be amended or revoked accordingly.  It is doubtful whether a corresponding provision exists in the 1992 Act.  This SI appears to be obsolete.

64 The enabling provisions, Housing (Private Rented Dwellings) Act 1982 (6/1982), ss. 24 and 25, were repealed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., commenced by S.I. No. 223 of 1992. There is a saver for regulations in section 37(5), see previous footnote. The Housing (Private Rented Dwellings) Regulations 1982 provide that the landlords of dwellings to which the Housing (Private Rented Dwellings) Act 1982 apply (i.e. rent controlled dwellings) must (a) register the dwelling with the local authority (regulation made under s. 24 of the 1982 Act), (b) provide the tenant with a rent book (regulation made under s. 25 of the 1982 Act). Dwellings to which the Housing (Private Rented Dwellings) Act 1982 applies are specifically excluded from the application of the rent book and registration requirements that apply to rented dwellings generally, i.e. the Housing (Rent Books) Regulations 1993 (S.I. 146 of 1993) and Residential Tenancies Act 2004, s. 134. The registration requirements in the Residential Tenancies Act 2004 replaced the registration requirement in the Housing (Registration of Rented Dwellings) Regulations 1996 (S.I. No. 30 of 1996) which also specifically excluded dwellings to which the Housing (Private Rented Dwellings) Act 1982 applies. It has always been the view of the Department of the Environment, Community and Local Government that the Housing (Private Rented Dwellings) Regulations 1982 and 1983 do fall within the saver under s. 37(5) of the Housing (Miscellaneous Provisions) Act 1992. It is partly for this reason that dwellings to which the Housing (Private Rented Dwellings) Act 1982 applies are excluded from the legislation that applies to rented dwellings generally in relation to registration and rent books. The Housing (Miscellaneous Provisions) Act 1992, s. 20(10) makes a specific reference (for the purpose of specific sections in the Housing (Private Rented Dwellings) Act 1982 and 1983) to regulations made under Housing (Private Rented Dwellings) Act 1982, s. 24 which seems to infer that the regulations do fall within the saver. The SI is also noted under Housing (Private Rented Dwellings) Act 1982 (6/1982).
65 Ibid.
66 The enabling provisions are Housing Act 1966 (21/1966), ss. 5, 39 and Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 8. Section 39 of the 1966 Act and s. 8 of the 1979 Act were repealed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., subject to saver for regulations in s. 37(5): A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, in so far as it could have been made under a corresponding provision of this Act, continue in force after such commencement and be deemed to have been made under the corresponding provision of this Act and may be amended or revoked accordingly.
67

Of the three substantive provisions in this SI, regs. 3 and 4 are revoked and reg. 5 relates to the period 1995 to 1998.  This SI appears to be obsolete and should be revoked.

68

Also made and listed under Housing (Miscellaneous Provisions) Act 2009 (22/2009).

69

Also made and listed under Housing Act 1966 (21/1966).

70

Also made and listed under Housing (Miscellaneous Provisions) Act 1992 (18/1992).

71 Ministerial functions under s. 27(2)(d) transferred from Finance to Public Expenditure and Reform by S.I. No. 318 of 2015.
72 The terminology in this SI is outdated and it and the amending SI listed below may be obsolete/spent.

29.4.2. Gaeltacht Areas 73

73 See S.I. No. 164 of 2011 and S.I. No. 220 of 2011 (Housing (Gaeltacht) Acts 1929 to 2001).
Gaeltacht 41/1929
Gaeltacht
  • none
29/1934
Gaeltacht
  • none
4/1949
Gaeltacht
  • none
6/1953
Gaeltacht
  • none
16/1959
Gaeltacht
  • none
34/1964
Gaeltacht
  • none
16/1967
Gaeltacht
  • none
29/1979
Gaeltacht
  • none
10/2001
74 It is unclear from this SI what the enabling section is, as it was made under the Housing (Gaeltacht) Acts 1929 to 1949. It may be made under 1929 Act, s. 16.
75 Ibid.
76 The enabling provision, Housing (Gaeltacht) Act 1929, s. 8 was repealed by Housing (Gaeltacht) (Amendment) Act 2001 (10/2001), s. 13 and sch., commenced on enactment, but in force instruments made under s. 8(3) were carried forward by s. 11(b): A regulation under section 8(3) of the Principal Act that is in force immediately before the passing of this Act shall continue in force as if made under this section, and a reference in any such regulation to the Commissioners shall be construed as a reference to the Minister. This would appear to be one of them.

29.4.3. Household Charge

Local Gov 36/2011
77 Repealed by Local Government Reform Act 2014 (1/2014), s. 73(3), subject to ministerial order being made.

29.4.4. Housing Finance Agency

Local Gov
  • none
37/1981
Local Gov
  • none
27/1982
Local Gov
  • none
20/1985
Local Gov
  • none
1/1988

29.4.5. National Building Agency

Local Gov
  • none
32/1963
Local Gov
  • none
27/1969
Local Gov
  • none
2/1974

29.4.6. Approved Housing Bodies Regulatory Authority

Local Gov
  • none
47/2019

29.4.7. Traveller Accommodation

Local Gov 33/1998

29.5. Town and Urban Renewal

Local Gov 19/1986
Local Gov 27/1998
Local Gov 18/2000
Local Gov 7/1997
Local Gov 55/2015
Local Gov 99 19/1991
Local Gov 33/2015
78 The enabling provision, s. 7(1), was substituted by Dublin Docklands Development Authority Act 1997 (7/1997), s. 57(b), commenced by S.I. No. 135 of 1997. There is a saver for schemes in s. 9(3)(a): Nothing in this Act shall affect any rates remission scheme made under section 7 of the Act of 1986.
79 Ibid.
80 Ibid.
81 Ibid.
82 Ibid.
83 Ibid.
84 Ibid.
85 Ibid.
86 Ibid.
87 Ibid.
88 Ibid.
89 Ibid.
90 Ibid.
91 Ibid.
92 Ibid.
93 Ibid.
94 Ibid.
95

Repealed the Urban Renewal (Amendment) Act 1987, subject to savers in s. 9 of the 1997 Act, including a saver in s. 9(4) of the 1997 Act that orders made under the 1987 Act continue in operation and have effect for the purposes of Urban Renewal Act 1986 (19/1986), s. 6 (designated areas).

96

The enabling provision is Urban Renewal (Amendment) Act 1987 (16/1987), s. 2. This was repealed by Dublin Docklands Development Authority Act 1997 (7/1997), s. 8 and sch. 3, commenced by S.I. No. 135 of 1997. There is a saver in s. 9(4): Notwithstanding section 8, section 2 of the Act of 1987, and any orders made thereunder, shall continue in operation and have effect for the purposes of section 6 of the Act of 1986 (designated areas).

97 Ibid.
98 Ibid.
99 See S.I. No. 35 of 1993.