Planning and Development (Housing) and Residential Tenancies Act 2016

PART 1

Preliminary and General

1.

Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Planning and Development (Housing) and Residential Tenancies Act 2016.

(2) (a) The Planning and Development Acts 2000 to 2015, and this Act, other than paragraphs (b) and (c), Parts 3 to 5 and the Schedule , may be cited together as the Planning and Development Acts 2000 to 2016 and shall be construed together as one.

(b) The Residential Tenancies Acts 2004 to 2015, this paragraph, Part 3 and the Schedule may be cited together as the Residential Tenancies Acts 2004 to 2016 and shall be construed together as one.

(c) The Local Government Acts 1925 to 2014, section 57 of the Housing (Miscellaneous Provisions) Act 2014, this paragraph and section 52 may be cited together as the Local Government Acts 1925 to 2016 and shall be construed together as one.

(3) (a) Subject to paragraphs (b) and (c), this Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(b) Sections 33 to 37 , sections 46 , 47 and 50 come into operation on the day following the passing of this Act.

(c) Part 5 comes into operation on the passing of this Act.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (3)(a) exercised (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Section 27) (Commencement) Order 2018 (S.I. No. 588 of 2018).

2. The 1st day of January 2019 is appointed to be the day on which section 27 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) shall come into operation.

E2

Power pursuant to subs. (3) exercised (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2018 (S.I. No. 266 of 2018).

2. The 23rd day of July 2018 is appointed as the day on which the following provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) come into operation:

(a) section 48;

(b) Part 3 of the Schedule.

E3

Power pursuant to section exercised (19.12.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 49) Order 2017 (S.I. No. 590 of 2017).

2. The 19th day of December 2017 is appointed as the day on which section 49 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) comes into operation.

E4

Power pursuant to section exercised (9.08.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017 (S.I. No. 341 of 2017).

2. The 9th day of August 2017 is appointed as the day on which subsection (2) (as amended by section 1 of the Planning and Development (Amendment) Act 2017 (No. 20 of 2017)) of section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) comes into operation.

E5

Power pursuant to section exercised (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) (No. 3) Order 2017 (S.I. No. 270 of 2017).

2. The 3rd day of July 2017 is appointed as the day on which the following provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) come into operation:

( a) in Chapter 1 of Part 2—

(i) section 3, to the extent that it has not already been commenced,

(ii) sections 4 to 18,

(iii) section 19, to the extent that it has not already been commenced, and

(iv) sections 20 to 25;

( b) in Chapter 3 of Part 2, section 29;

( c) Part 4 (section 51).

E6

Power pursuant to section exercised (2.02.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) (No. 2) Order 2017 (S.I. No. 31 of 2017).

2. The day after the making of this Order is appointed as the day on which—

( a) section 19 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) comes into operation in so far as it relates to the requirements of section 144 of the Planning and Development Act 2000 (No. 30 of 2000) in determining and giving notice of fees payable to the Board in respect of matters relating to proposed strategic housing developments, and

( b) so much of section 3 of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation as may be necessary for the purpose of enabling paragraph ( a) to have effect.

E7

Power pursuant to section exercised (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2017 (S.I. No. 7 of 2017).

2. The 17th day of January 2017 is appointed as the day on which the following provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) come into operation:

( a) in so far as it is not already in operation, Part 1;

( b) in so far as it is not already in operation, Part 3, other than sections 44, 45, 48 and 49, and the Schedule, other than Part 3.