Planning and Development (Housing) and Residential Tenancies Act 2016
Number 17 of 2016
PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016
REVISED
Updated to 17 December 2021
This Revised Act is an administrative consolidation of the Planning and Development (Housing) and Residential Tenancies Act 2016. 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 the Appropriation Act 2021 (43/2021), enacted 17 December 2021, and all statutory instruments up to and including the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (Commencement) Order 2021 (S.I. No. 715 of 2021), made 16 December 2021, 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 17 of 2016
PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016
REVISED
Updated to 17 December 2021
CONTENTS
Preliminary and General
Section
1. Short title, collective citation, construction and commencement
Planning and Development
Strategic Housing Developments
4. Strategic housing developments and planning applications
5. Request for consultations before making application under section 4
6. Consideration of request under section 5 by Board and consultations
7. Requests to Board after consultation meeting has been held
8. Requirements relating to application for permission under section 4
9. Decisions by Board on applications under section 4
10. Supplemental provisions to section 9
11. Strategic Housing Division
12. Regulations (sections 4 to 10)
13. Construction of section 2 (interpretation) of Act of 2000 during specified period
19. Construction of section 144 (fees payable to Board) of Act of 2000 during specified period
23. Construction of section 177R (interpretation) of Act of 2000 during specified period
24. Construction of section 191 (right to compensation) of Act of 2000 during specified period
Environmental impact assessment - screening
26. Screening for environmental impact assessment (Repealed)
27. Consequential amendments (Chapter 2) to Act of 2000
Miscellaneous constructions and amendments to Planning and Development Act 2000
28. Amendment, etc., of section 42 (power to extend appropriate period) of Act of 2000
29. Amendment of section 179 (local authority own development) of Act of 2000
Amendments to Residential Tenancies Act 2004
31. Amendment of section 3 (application of Act) of Act of 2004
32. Amendment of section 4 (interpretation generally) of Act of 2004
33. Amendment of section 12 (obligations of landlords) of Act of 2004
34. Amendment of section 19 (setting of rent above market rent prohibited) of Act of 2004
35. Amendment of section 22 (tenant to be notified of new rent) of Act of 2004
36. Rent pressure zones and areas deemed to be rent pressure zones
37. Part 4 tenancies and extension of period from 4 years to 6 years
38. Amendment of section 34 (grounds for termination by landlord) of Act of 2004
39. Amendment of section 35 (Table to section 34: interpretation and supplemental) of Act of 2004
40. Restriction on termination of certain tenancies by landlords
42. Amendment of section 62 (requirements for a valid notice of termination) of Act of 2004
43. Amendment of section 100 (appeal to Tribunal against adjudicator’s determination) of Act of 2004
44. Amendment of section 103 (membership of Tribunal, etc.) of Act of 2004
46. Publication of certain statistics by Board
47. Amendment of section 115 (redress that may be granted on foot of determination) of Act of 2004
48. Amendment of section 121 (determination orders) of Act of 2004 and consequential amendments
49. Amendment of section 124 (enforcement of determination orders) of Act of 2004
50. Amendment of section 151 (functions of Board) of Act of 2004
Amendments to Housing Finance Agency Act 1981
51. Amendments to Housing Finance Agency Act 1981
Amendments to Local Government Act 1998
52. Amendments to Local Government Act 1998
Consequential Amendments to Residential Tenancies Act 2004
Amendments relating to Amendment of section 28 of Act of 2004
Amendments relating to repeal of section 42 of Act of 2004
Amendments relating to the Board and the Director
Acts Referred to
Environment (Miscellaneous Provisions) Act 2015 (No. 29)
Higher Education Authority Act 1971 (No. 22)
Housing (Miscellaneous Provisions) Act 2014 (No. 21)
Housing Finance Agency Act 1981 (No. 37)
Interpretation Act 2005 (No. 23)
Landlord and Tenant (Amendment) Act 1980 (No. 10)
Local Government Act 1998 (No. 16)
Local Government Act 2001 (No. 37)
Local Government Acts 1925 to 2014
Motor Vehicle (Duties and Licences) Act 2013 (No. 9)
Planning and Development Act 2000 (No. 30)
Planning and Development Acts 2000 to 2015
Pyrite Resolution Act 2013 (No. 51)
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
Residential Tenancies Act 2004 (No. 27)
Residential Tenancies Acts 2004 to 2015
Number 17 of 2016
PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016
REVISED
Updated to 17 December 2021
An Act to facilitate the implementation of the document entitled “Rebuilding Ireland - Action Plan for Housing and Homelessness” that was published by the Government on 19 July 2016, and for that and other purposes to amend the Planning and Development Acts 2000 to 2015, the Residential Tenancies Acts 2004 to 2015 and the Housing Finance Agency Act 1981, to amend the Local Government Act 1998 in relation to the Local Government Fund and to provide for connected matters.
[23rd December, 2016]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Rights under collectively cited Residential Tenancies Acts not affected in certain circumstances (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 32, S.I. No. 532 of 2018.
Orders not to affect rights under certain enactments or estate or interest
32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any rights under the Statutes of Limitations, the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place during that period.
(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.