Urban Regeneration and Housing Act 2015


Number 33 of 2015


URBAN REGENERATION AND HOUSING ACT 2015

REVISED

Updated to 1 November 2018


This Revised Act is an administrative consolidation of the Urban Regeneration and Housing Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Urban Regeneration and Housing Act 2015 (Section 11) Order 2018 (S.I. No. 374 of 2018), made 25 September 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 33 of 2015


URBAN REGENERATION AND HOUSING ACT 2015

REVISED

Updated to 1 November 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Planning and Development Acts 2000 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Amendment) Act 2018 (16/2018), s. 1(2)). The Acts in this group are:

Planning and Development Act 2000 (30/2000)

Local Government Act 2001 (37/2001), ss. 2, 5(3) and sch. 4 (in so far as they relate to the Act of 2000) and s. 247

Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Water Services Act 2007 (30/2007), ss. 1(6) and 114

Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and 21(3)

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4

Urban Regeneration and Housing Act 2015 (33/2015)

Planning and Development (Amendment) Act 2015 (63/2015)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b) and (c), Parts 3 to 5 and sch.

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (20/2018), other than Part 4 and sch. 3, ref. nos. 12-18

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2018)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Urban Regeneration and Housing Act 2015 (Section 11) Order 2018 (S.I. No. 374 of 2018)

Valuation Act 2001 (Vacant Site Appeal to Tribunal) (Fees) Regulations 2018 (S.I. No. 200 of 2018)

Urban Regeneration and Housing Act 2015 (Commencement) Order 2015 (S.I. No. 364 of 2015)

All statutory instruments up to and including Urban Regeneration and Housing Act 2015 (Section 11) Order 2018 (S.I. No. 374 of 2018), made 25 September 2018, were considered in the preparation of this revision.


Number 33 of 2015


URBAN REGENERATION AND HOUSING ACT 2015

REVISED

Updated to 1 November 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Definitions

PART 2

Vacant Site Levy

3. Definitions (Part 2)

4. Application

5. Vacant site

6. Register of vacant sites

7. Procedure for entry on register

8. Entry on register

9. Appeal against entry on register

10. Obligation to owners to notify

11. Notice to owners of sites on register

12. Market value of vacant site

13. Appeal of market value determination

14. Determination of zero market value

15. Vacant site levy

16. Amount of levy

17. Death or change of ownership

18. Appeal against demand for payment of levy

19. Vacant site levy to be charge on land

20. False or misleading evidence

21. Receipts, certificates and requirements on sale of vacant site

22. Forged and altered documents

23. Proceeds of vacant site levy

24. Service of notices

25. Regulations

26. Prosecutions

PART 3

Amendment of section 23 of Derelict Sites Act 1990

27. Derelict sites levy not payable where vacant site levy payable

PART 4

Amendment of Parts II and III of Act of 2000

Development Plans and Development Contributions

28. Amendment of section 10(2) of Act of 2000 - content of development plans

29. Amendment of section 48 of Act of 2000 - development contributions

30. Amendment of section 49 of Act of 2000 - supplementary development contribution schemes

PART 5

Amendment of Part V of Act of 2000

Housing Supply

31. Amendment of section 94 of Act of 2000 - housing strategies

32. Amendment of section 95(1) (a) of Act of 2000 - housing strategies and development plans

33. Amendment of section 96 of Act of 2000 - provision of social and affordable housing, etc.

34. Amendment of section 96 of Act of 2000 - rental accommodation availability agreements

35. Repeal

36. Amendment of section 97 of Act of 2000 - development to which section 96 shall not apply

PART 6

Amendment of Housing (Miscellaneous Provisions) Act 2009

37. Amendment of section 31 of Housing (Miscellaneous Provisions) Act 2009



Number 33 of 2015


URBAN REGENERATION AND HOUSING ACT 2015

REVISED

Updated to 1 November 2018


An Act to make provision with respect to land in areas in which housing is required and in areas which are in need of renewal to prevent it lying idle or remaining vacant, to establish a register of vacant sites in those areas, to provide for a vacant sites levy, to amend the Derelict Sites Act 1990, to amend Parts II, III and V of the Planning and Development Act 2000, to amend the Housing (Miscellaneous Provisions) Act 2009 and to provide for related matters.

[28 th July, 2015]

Be it enacted by the Oireachtas as follows:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Planning and Development Acts restricted (3.07.2017 for specified period to 31.12.2019 or up to 31.12.2021 if extended) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where section 6 (7)(b) applies or, in the case that a request is made under section 7 (1), when the Board has complied with the request pursuant to section 7 (2),

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee, and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

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