- within Law Department Performance, Strategy and Tax topic(s)
INFRASTRUCTURE
Accelerating infrastructure
The Accelerating Infrastructure Report and Action Plan was approved by the Cabinet. Actions for 2026 include increasing construction sector capacity and productivity through the Construction Industry Capability Group, and by streamlining processes for visas and work permits, expanding capacity of vocational and educational institutions and improving the use of modern methods of construction ("MMC") and digitalisation. It is also intended to amend the Capital Works Management Framework to support increases in capacity and innovation through MMC adoption, design contests and early collaboration. It is also suggested that there will be further changes to the Framework to support a more collaborative approach, involving alternative dispute resolution mechanisms and changes to the inflation framework, with the longer-term objective of greater sharing of risk.
EU Agenda for Cities
In the context of a proposed Agenda for Cities, the European Commission in a Communication indicates that a European Affordable Housing Plan is being developed to address the drivers of the housing crisis through actions and coordination with other EU initiatives. A Pan-European Investment Platform for Affordable and Sustainable Housing is intended to support funding and financing by providing a single framework to support investment in social, affordable and sustainable housing. Member States are also encouraged to make use of instruments developed with the EIB.
STANDARD FORM CONTRACTS
Capital Works Management Framework
The Department of Public Expenditure updated certain Capital Works Management Framework procurement documents, contracts and guidance notes to reflect current health and safety legislation and Health and Safety Authority guidance. Further information is available here: Comprehensive health and safety updates for CWMF suite.
FIDIC
FIDIC published a new carbon management guide on how to integrate carbon management into FIDIC contracts.
SUSTAINABILITY
Emissions Trading System 2: postponement
As part of the European Green Deal, the EU designed "ETS2" to impose a cost of carbon on suppliers of fossil fuels used for buildings and road transport. The EPA is the national competent authority in Ireland. Monitoring and reporting requirements currently apply and the system was scheduled to become fully operational in 2027.
However, in the context of amendments being made to the European Climate Law, the EU co-legislators have agreed to postpone full operation by a year to 2028. Separately, to support a gradual and smooth launch of the ETS2, the European Commission adopted a proposal to amend the Market Stability Reserve Decision as regards the ETS2.
Heating products
The European Commission is consulting until 23 January 2026 as it updates ecodesign and energy efficiency requirements for water heaters and tanks, and space and combination heaters, in light of technological progress, market developments, labelling rescaling requirements, and the EU's Green Deal commitment. Further information is available here:
- Energy efficiency – ecodesign requirements for water heaters and tanks (review)
- Energy efficiency – labelling requirements for water heaters and tanks (review/rescaling)
- Energy efficiency – ecodesign requirements for space and combination heaters (review)
- Energy efficiency – labelling requirements for space and combination heaters (review/rescaling)
The EU Deforestation Regulation
The EU Deforestation Regulation aims to tackle deforestation and forest degradation by regulating the placement and export of certain products (which include wood) within the EU market. Amendments to simplify and postpone certain obligations have been agreed. Further detail is available in our insights post: EUDR: One year postponement agreed.
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.
