LEGISLATION

The Government's Spring Legislative Programme prioritises the following legislation for publication:

  • Planning and Development (Land Value Sharing and Urban Development Zones) Bill: This Bill permits the State to secure a proportion of the uplift in land values resulting from zoning and designation of lands to facilitate the provision of infrastructure. Pre-legislative scrutiny ("PLS") has been completed and the Joint Committee on Housing, Local Government and Heritage published its report on the PLS of the General Scheme of the Bill in September 2023.
  • Residential Tenancies (Right to Purchase) Bill: This Bill gives tenants in rental properties a first right of refusal to purchase a property when it is put forward for sale. PLS has been completed and the Joint Committee on Housing, Local Government and Heritage published its report on the PLS of the General Scheme of the Bill in December 2023.

The Government's Spring Legislative Programme prioritises the following legislation for drafting:

  • Registration of Short-Term Tourism Letting Bill: This Bill provides for new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland (the Irish tourism board) with a view to ensuring that houses are used to best effect in areas of housing need. The heads of Bill were approved in December 2022 and work on the Bill is ongoing. The Government is aiming to have the register in place by Q2 2024.
  • Housing (Miscellaneous Provision) Bill: This Bill includes miscellaneous amendments and additions to the Housing Acts in respect of social housing; overcrowding; regulation of Approved Housing Bodies; and homeless supports. Heads of the Bill are currently in preparation.
  • Remediation of Defects in Apartments and Duplexes Bill: This Bill provides for the establishment of a remediation scheme for apartments and duplexes with fire safety, structural safety, and water ingress defects, constructed between 1991 and 2013. Heads of the Bill are currently in preparation.

All other real estate-related legislation included in the programme is listed below.

  • Heat Bill: This Bill establishes a regulatory model for district heating that ensures consumer protection and the delivery of a vibrant district heating industry. It also mandates all public sector buildings and facilities to connect to district heating where it is available and technically, and economically feasible. Heads of the Bill are currently in preparation.
  • Fire Services Bill: This Bill consolidates and updates the Fire Services Act. Work on the Bill is underway.
  • Industrial Development (Miscellaneous Provisions) Bill: This Bill equips IDA Ireland with the legislative powers it needs to establish a body corporate with a third party for the specific purpose of developing or procuring new industrial or commercial buildings or infrastructure. The Bill also deals with grants to IDA companies. Revised heads of the Bill are currently in preparation.

While not specifically mentioned in the Spring 2024 Legislation Programme (as the Bill has already been published), the progress of the Planning and Development Bill will be of interest to real estate investors and developers. It aims to enhance clarity, improve consistency, and increase confidence in the Irish planning system. Its enactment is anticipated in Q1/Q2 2024, followed by a phased commencement. Some core changes include:

  • the introduction of statutory timelines for decision-making;
  • new strategic ten-year development plans;
  • reform of planning judicial review, including the removal of the leave application process, introduction of statutory judicial review timelines and a revised legal costs system, which includes a legal costs scheme;
  • empowering the Courts to order decision makers to correct errors in permissions instead of quashing them; and
  • new provisions for Urban Development Zones.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.