Planning and Development, and Residential Tenancies, Act 2020
Number 27 of 2020
PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020
REVISED
Updated to 9 July 2021
This Revised Act is an administrative consolidation of the Planning and Development, and Residential Tenancies, Act 2020. 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 Residential Tenancies (No. 2) Act 2021 (17/2021), enacted 9 July 2021, and all statutory instruments up to and including the Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No.2) Regulations 2021 (S.I. No. 338 of 2021), made 9 July 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 27 of 2020
PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020
REVISED
Updated to 9 July 2021
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 2020: this Act, part 2, ss. 4-11 and ss. 15-17, is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, Heritage and Broadcasting (Amendment) Act 2021), s. 1(2)). The Acts and statutory instruments in this group are:
• Planning and Development Act 2000 (30/2000)
• Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 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 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18
• European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), Parts 2, 3, 4 and schs. 1 and 2
• Aircraft Noise (Dublin Airport) Regulation Act (12/2019), Part 3
• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38
• Local Government Rates and Other Matters Act 2019 (24/2019), ss. 23, 24
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II (reg. 5)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2, ss. 4-11 and ss. 15-17
Building Control Acts 1990 to 2020: this Act, s. 5, is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 1(2)(b)). The Acts in this group are:
• Building Control Act 1990 (3/1990)
• Building Control Act 2007 (21/2007)
• Local Government Reform Act 2014 (1/2014), ss. 1(7), 5(5) and sch. 2, part 3 in so far as it relates to the Building Control Act 1990
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 5
Derelict Sites Acts 1990 and 2020: this Act, s. 5, is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 1(2)(c)). The Acts in this group are:
• Derelict Sites Act, 1990 (14/1990)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 5
Residential Tenancies Acts 2004 to 2021: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Residential Tenancies (No. 2) Act 2021 (17/2021), s. 19(3)). 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), s. 100
• Residential Tenancies (Amendment) Act 2015 (42/2015), other than s. 1(3) and ss. 15, 85 and 87
• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(b), part 3 and sch.
• Residential Tenancies (Amendment) Act 2019 (14/2019), other than s. 38
• Local Government Rates and Other Matters Act 2019 (24/2019), ss. 25 and 26
• Residential Tenancies and Valuation Act 2020 (7/2020), other than s. 14
• Residential Tenancies Act 2020 (17/2020)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020), part 3 (ss. 9-16)
• Residential Tenancies Act 2021 (5/2021)
• Residential Tenancies (No. 2) Act 2021 (17/2021)
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 1972, 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
• Residential Tenancies (No. 2) Act 2021 (17/2021)
• Residential Tenancies Act 2021 (5/2021)
All Acts up to and including Residential Tenancies (No. 2) Act 2021 (17/2021), enacted 9 July 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
None
All statutory instruments up to and including Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No.2) Regulations 2021 (S.I. No. 338 of 2021), made 9 July 2021, were considered in the preparation of this revision.
Number 27 of 2020
PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020
REVISED
Updated to 9 July 2021
CONTENTS
Preliminary and General
1. Short title, collective citations and commencement
Planning and Development
4. Amendment of section 11 of Principal Act
6. Amendment of section 177E of Act of 2000
7. Amendment of section 177H of Act of 2000
8. Amendment of section 177K of Act of 2000
Residential Tenancies
13. Prohibition on rent increases during emergency period
Acts Referred to
Building Control Act 1990 (No. 3)
Building Control Acts 1990 to 2014
Comhairle Act 2000 (No. 1)
Companies Act 2014 (No. 38)
Derelict Sites Act 1990 (No. 14)
Emergency Measures in the Public Interest (Covid-19) Act 2020 (No. 2)
Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1)
Local Government Act 2001 (No. 37)
Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17)
Planning and Development Act 2000 (No. 30)
Planning and Development Acts 2000 to 2019
Residential Tenancies (Amendment) Act 2019 (No. 14)
Residential Tenancies Act 2004 (No. 27)
Residential Tenancies and Valuation Act 2020 (No. 7)
Social Welfare (Miscellaneous Provisions) Act 2008 (No. 22)
Number 27 of 2020
PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020
REVISED
Updated to 9 July 2021
An Act to amend section 11 of the Planning and Development Act 2000; to provide, in connection with the crisis occasioned by the spread of the disease known as Covid-19, for the disregard, during such period or periods as are specified by order or orders of the Government made in the public interest, of certain periods of time mentioned in the Planning and Development Act 2000 and certain other enactments; to amend Part XA of the Planning and Development Act 2000 for the purpose of requiring An Bord Pleanála to refuse an application for substitute consent in the absence of exceptional circumstances and enabling members of the public to make submissions and observations in relation to the question as to whether such circumstances exist; to increase notice periods in relation to notices of termination served on tenants under tenancies of dwellings during the period from 11 January 2021 to 12 April 2021 for failure to pay rent due and to prohibit increases in rents on tenancies of dwellings during that period and, for those purposes, to amend the Residential Tenancies Act 2004; and to provide for matters connected therewith.
[19th December, 2020]
WHEREAS the disease known as Covid-19 continues to present a serious risk to public health, and the transmission thereof has proven difficult to prevent;
WHEREAS it continues to be necessary for the State to be in a position to respond quickly to surges in transmission of the disease by the adoption of extraordinary measures and safeguards aimed at containing that disease and preventing, minimising and reducing the risk of infection of persons with the disease, and to put in place contingency measures in order to ensure the continued effective operation of certain enactments during any period or periods when such surges in transmission occur or such extraordinary measures and safeguards are in effect;
WHEREAS the crisis occasioned by the spread of the said disease is causing and will continue to cause significant harm to the economy of the State and has, thus far, resulted in a substantial increase in the number of persons who have become unemployed;
WHEREAS the rise in unemployment among persons who reside in residential tenancy accommodation has had an adverse impact on the ability of such persons to meet their obligations to pay rent due, thereby presenting an imminent risk that a significant number of residential tenancies will be terminated by landlords;
WHEREAS any significant increase in terminations of residential tenancies accommodation by landlords increases the likelihood that the former occupants of such accommodation would have great difficulty securing alternative accommodation which could cause acute aggravation of difficulties in the residential accommodation sector including difficulties relating to overcrowding, thereby presenting a substantial risk of spread of that disease with a consequent need for measures to counter its spread that would likely have further adverse economic consequences for the State;
WHEREAS the State has already taken significant measures to deal with the aforementioned crisis including measures to support the economy that have required and continue to require substantial disbursement and expenditure of public moneys;
WHEREAS the Oireachtas has, with regard to sections 5 and 16 of this Act, taken account of the matters referred to in the first and second of the foregoing recitals; and
WHEREAS the Oireachtas has, with regard to Part 3 of this Act, taken account of the matters referred to in the first, third, fourth, fifth and sixth of the foregoing recitals;
Be it enacted by the Oireachtas as follows: