SUSTAINABILITY
Construction Products Regulation
The revised Construction Products Regulation has been published in the Official Journal of the EU and mainly applies from 8 January 2026. Certain provisions apply earlier (from 7 January 2025), to drive development of harmonised technical specifications and performance standards.
The Regulation provides a framework for harmonised rules on the placing or making available on the market of construction products. Revisions are intended to improve effectiveness and align with the EU Green Deal, for example by laying down rules for declaring the environmental and sustainability performance of construction products.
Energy Performance of Buildings
European Union (Energy Performance of Buildings) Regulations 2024 transpose Article 17(15) of the Recast Energy Performance of Buildings Directive to provide that, from 1 January 2025, public bodies shall not provide any financial incentives for the installation of stand-alone boilers powered by fossil fuels, other than those already approved under EU funds.
STANDARD FORM CONTRACTS
Public Works Contracts
The OGP amended the Forms of Tender and Schedule that allow a contractor to tender a percentage addition for labour costs as defined by the applicable sectoral employment order. The minimum permitted percentage addition has been increased from 0% to 35% to reflect statutory obligations of employers imposed by the applicable sectoral employment order. Further information is available here.
FOREIGN INVESTMENT
Screening of Third Country Transactions
The Screening of Third Country Transactions Act 2023 is in force, with DETE guidelines available here. Our latest briefing is available here: Foreign Investment Screening Regime in Ireland to commence on 6 January 2025 - Arthur Cox LLP
As previously mentioned, the Act sets out a framework to enable the Minister for Enterprise, Trade and Employment to review transactions involving foreign investment that may impact on security or public order in Ireland. The Act covers any transaction, acquisition, agreement or other economic activity resulting in a change of control of an asset in Ireland or the acquisition of all or part of any interest in an undertaking in Ireland. Such transactions are notifiable if they relate to, or impact upon critical infrastructure (including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure and sensitive facilities, including the land/real estate used crucial for the use of such infrastructure), as well as supply of critical inputs (including energy or raw materials). Parties to a notifiable transaction are required to submit a notification to the Minister at least 10 days prior to the completion of the transaction.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
