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 22 October 2018


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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 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 17 of 2016


PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

REVISED

Updated to 22 October 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

Local Government Acts 1925 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(c)). The Acts in this group are:

Local Government Act 1925 (5/1925)

Local Government Act 1927 (3/1927)

Local Government Act 1941 (23/1941)

Local Government Act 1946 (24/1946)

Local Government Act 1955 (9/1955)

Local Government (No. 2) Act 1960 (40/1960)

Local Government (Buncrana) Act 1968 (2/1968)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government Acts 1925 to 1968

Local Government (Financial Provisions) Act 1978 (35/1978)

Local Government (Financial Provisions) Act 1983 (10/1983)

Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)

Local Government (Reorganisation) Act 1985 (7/1985)

Local Government Act 1991 (11/1991)

Local Government Act 1994 (8/1994)

Local Government (Financial Provisions) Act 1997 (29/1997)

Local Government Act 1998 (16/1998)

Local Government (Financial Provisions) Act 2000 (6/2000)

Local Government Act 2001 (37/2001), other than ss. 163, 164 and 211 and Parts 23 and 24

Local Government Act 2003 (8/2003)

Local Government (No.2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), s. 34

Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7

Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115

Copyright and Related Rights (Amendment) Act 2007 (39/2007), Part 3

Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9

Local Government Reform Act 2014 (1/2014), other than ss. 1(3)-(8), 5(3)-(5) and sch. 2

Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 57

Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2016), ss. 1(2)(c) and 52

Acts previously included in the group but now repealed are:

Local Government (Amendment) Act 1930 (26/1930)

Local Government Act 1931 (19/1931)

Local Government Act 1933 (5/1933)

Local Government (Amendment) Act 1934 (5/1934)

Local Government (Amendment) (No. 2) Act, 1934 (44/1934)

Local Government Act 1936 (46/1936)

Local Government (Amendment) Act, 1939 (9/1939)

Local Government Act 1953 (12/1953)

Local Government Act 1958 (9/1958)

Local Government Act 1959 (10/1959)

Local Government Act 1960 (23/1960)

Local Government (Roads and Motorways) Act 1974 (6/1974)

Local Government (Toll Roads) Act 1979(34/1979)

Local Government Act 2000 (25/2000)

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

Residential Tenancies Acts 2004 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(b)). The Acts in this group are:

Residential Tenancies Act 2004 (27/2004)

Residential Tenancies (Amendment) Act 2009 (2/2009)

Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 1 (in so far as it relates to s. 100) and 100

Residential Tenancies (Amendment) Act 2015 (42/2015), other than ss. 1(3), 15, 85 and 87

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(b), Part 3 and sch.

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)

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

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

European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2018 (S.I. No. 266 of 2018)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 49) Order 2017 (S.I. No. 590 of 2017)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017 (S.I. No. 341 of 2017)

Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions)(No. 3) Order 2017 (S.I. No. 270 of 2017)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) (No. 2) Order 2017 (S.I. No. 31 of 2017)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2017 (S.I. No. 7 of 2017)

All statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this revision.


Number 17 of 2016


PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

REVISED

Updated to 22 October 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Definitions (general)

PART 2

Planning and Development

Chapter 1

Strategic Housing Developments

3. Definitions (Chapter 1)

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

14. Construction of section 41 (power to vary appropriate period) of Act of 2000 during specified period

15. Construction of section 96 (provision of social and affordable housing, etc.) of Act of 2000 during specified period

16. Construction of section 104 (Board to consist of chairperson and 7 other members) of Act of 2000 during specified period

17. Construction of section 125 (appeals, referrals and applications with which the Board is concerned) of Act of 2000 during specified period

18. Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period

19. Construction of section 144 (fees payable to Board) of Act of 2000 during specified period

20. Construction of section 172 (requirement for environmental impact statement) of Act of 2000 during specified period

21. Construction of section 174 (transboundary environmental impacts) of Act of 2000 during specified period

22. Construction of sections 176A, 176B and 176C (screening for environmental impact assessment) 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

25. Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period

25A. Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Act of 2000 during specified period

Chapter 2

Environmental impact assessment - screening

26. Screening for environmental impact assessment (Repealed)

27. Consequential amendments (Chapter 2) to Act of 2000

Chapter 3

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

PART 3

Amendments to Residential Tenancies Act 2004

30. Definition (Part 3)

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

41. Repeal of section 42 (termination of additional rights) of Act of 2004, transitional provisions and consequential amendments

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

45. Amendment of section 104 (determination of disputes by Tribunal: procedures generally) 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

PART 4

Amendments to Housing Finance Agency Act 1981

51. Amendments to Housing Finance Agency Act 1981

PART 5

Amendments to Local Government Act 1998

52. Amendments to Local Government Act 1998

SCHEDULE

Consequential Amendments to Residential Tenancies Act 2004

PART 1

Amendments relating to Amendment of section 28 of Act of 2004

PART 2

Amendments relating to repeal of section 42 of Act of 2004

PART 3

Amendments relating to the Board and the Director



Number 17 of 2016


PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

REVISED

Updated to 22 October 2018


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.

[23 rd December, 2016]

Be it enacted by the Oireachtas as follows:

Annotations:

Modifications (not altering text):

C1

Prospective affecting provision: rights under collectively cited Residential Tenancies Acts not affected in certain circumstances by Domestic Violence Act 2018 (6/2018), s. 32, not commenced as of date of revision.

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.