Urban Regeneration and Housing Act 2015

PART 1 Preliminary and General

1. Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Urban Regeneration and Housing Act 2015.

(2) The Planning and Development Acts 2000 to 2014 and this Act may be cited together as the Planning and Development Acts 2000 to 2015 and shall be construed together as one.

(3) 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 and different provisions.

2. Definitions

2. In this Act—

“Act of 2000” means Planning and Development Act 2000;

“Act of 2010” means Planning and Development (Amendment) Act 2010;

F1[“Act of 2024”means thePlanning and Development Act 2024;]

“Minister” means Minister for the Environment, Community and Local Government.

PART 2 Vacant Site Levy

3. Definitions (Part 2)

3. In this Part—

F2[“Board”means An Coimisiún Pleanála;]

F3["core strategy" means a core strategy in—

(a) a development plan—

(i) continued in force by virtue of section 68 of the Act of 2024, or

(ii) prepared, or varied, in accordance with section 69 of that Act, or

(b) an integrated overall strategy under section 43 of that Act;]

“housing” includes social and affordable housing;

F4["housing strategy" has the same meaning as it has in section 2 of the Act of 2024;]

F4["local area plan" means a plan continued in force by section 81 of the Act of 2024;]

“market value”, in relation to a site, shall, other than in section 21, be construed in accordance with section 12;

“owner” means—

(a) in relation to land that is registered land within the meaning of the Registration of Title Act 1964, the registered owner, and

(b) in relation to all other land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

F5[…]

“register” has the meaning given to it by section 6;

F6[“regeneration land”means land identified, after the coming into operation ofsection 28, by a planning authority—

(a) in a development plan or local area plan made under the Act of 2000, in accordance with section 10(2)(h) of that Act, with the objective of development and renewal of areas in need of regeneration, and includes any structures on such land, or

(b) in its development plan, priority area plan, coordinated area plan or urban area plan made under the Act of 2024, with the objective of development and renewal of areas in need of regeneration, and includes any structures on such land;]

F6[“residential land”means land that is included by a planning authority—

(a) in a development plan or local area plan under the Act of 2000 in accordance with section 10(2)(a) of that Act, or

(b) in a development plan, priority area plan, coordinated area plan or urban area plan made under the Act of 2024,with the objective of zoning for use solely or primarily for residential purposes, and includes any structures on such land;]

“Tribunal” means Valuation Tribunal;

“vacant site” has the meaning given to it by section 5;

“vacant site levy” has the meaning given to it by section 15.

4. Application

4. This Part applies to residential land or regeneration land.

5. Vacant site

5. (1) In this Part, a site is a vacant site if—

(a) in the case of a site consisting of residential land—

(i) the site is situated in an area in which there is a need for housing,

(ii) the site is suitable for the provision of housing, and

F8[(iii) the site, or the majority of the site is—

(I) vacant or idle, or

(II) being used for a purpose that does not consist solely or primarily of the provision of housing or the development of the site for the purpose of such provision, provided that the most recent purchase of the site occurred—

(A) after it became residential land, and

(B) before, on or after the commencement ofsection 63of the Planning and Development (Amendment) Act 2018.]

and

(b) in the case of a site consisting of regeneration land—

(i) the site, or the majority of the site, is vacant or idle, and

(ii) the site being vacant or idle has adverse effects on existing amenities or reduces the amenity provided by existing public infrastructure and facilities (within the meaning of section 48 of the Act of 2000) in the area in which the site is situated or has adverse affects on the character of the area.

(2) In this section—

“site” means any area of land exceeding 0.05 hectares identified by a planning authority in its functional area but does not include any structure that is a person’s home;

“home”, in relation to a person, means a dwelling in which the person ordinarily resides (notwithstanding any periods during which the dwelling is vacant) and includes any garden or portion of ground attached to and usually occupied with the dwelling or otherwise required for the amenity or convenience of the dwelling.

6. Register of vacant sites

6. (1) Every planning authority shall, beginning on 1 January 2017, establish and maintain a register to be known as the vacant sites register (referred to in this Part as “the register”).

(2) A planning authority shall enter on the register a description, including a map, of any site in its functional area which was, in the opinion of the planning authority, a vacant site for the duration of the 12 months preceding the date of entry.

(3) The register shall be kept at the offices of the planning authority and shall be available for inspection at the offices of the planning authority during office hours and on the planning authority’s website.

(4) A planning authority, or the Board on appeal, shall determine whether or not there was a need for housing in an area within the planning authority’s functional area for the purposes of this Part by reference to—

(a) the housing strategy and the core strategy of the planning authority,

(b) house prices and the cost of renting houses in the area,

(c) the number of households qualified for social housing support in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 that have specified the area as an area of choice for the receipt of such support and any changes to that number since the adoption of the planning authority’s development plan, and

(d) whether the number of habitable houses available for purchase or rent was less than 5 per cent of the total number of houses in the area.

(5) A planning authority, or the Board on appeal, shall determine whether or not a site was suitable for the provision of housing for the purposes of this Part by reference to—

(a) the core strategy,

(b) whether the site was served by the public infrastructure and facilities (within the meaning of section 48 of the Act of 2000) necessary to enable housing to be provided and serviced, and

(c) whether there was any thing affecting the physical condition of the land comprising the site which might affect the provision of housing.

(6) A planning authority, or the Board on appeal, shall determine whether or not the site being vacant or idle has adverse effects on existing amenities or reduces the amenity provided by existing public infrastructure and facilities (within the meaning of section 48 of the Act of 2000) in the area in which the site is situated or has adverse affects on the character of the area for the purposes of this Part by reference to whether—

(a) land or structures in the area were, or are, in a ruinous or neglected condition,

(b) anti-social behaviour was or is taking place in the area, or

(c) there has been a reduction in the number of habitable houses, or the number of people living, in the area,

and whether or not these matters were affected by the existence of such vacant or idle land.

(7) In determining for the purposes of this Part whether a site was vacant or idle for the duration of the 12 months concerned a planning authority, or the Board on appeal, shall not have regard to any unauthorised development or unauthorised use.

7. Procedure for entry on register

7. (1) Before entering a site on the register a planning authority shall give written notice to the owner of the site setting out the reasons for the proposed entry and the owner may make submissions in respect of the proposed entry to the planning authority in writing within 28 days after the date of such notice.

(2) Where a planning authority receives submissions in accordance with subsection (1) it shall consider those submissions and if it is of the opinion that the site was a vacant site for the duration of the 12 months concerned and continues to be a vacant site it shall enter the site on the register in accordance with section 6(2).

(3) The planning authority shall give written notice to the owner of a vacant site when it is entered on the register.

(4) A notice under subsection (3) shall notify the owner that there shall be charged and levied for each year beginning with 2018 in respect of each vacant site in relation to which a market value has been determined and that stands entered on the register a levy in accordance with section 15.

8. Entry on register

8. A planning authority shall enter the following information on the register in respect of each vacant site—

(a) in the case of a site referred to in section 6(2) that comprises registered land within the meaning of the Registration of Title Act 1964, the property ownership folio reference attaching to such land,

(b) the name and address of the owner of the site referred to in section 6(2),

(c) particulars of the market value of the site referred to in section 6(2) as determined by the planning authority, or by the Tribunal on appeal, in accordance with section 12, and

(d) such other information referred to in this Act as the Minister may prescribe F11[by regulations].

9. Appeal against entry on register

9. (1) The owner of a site that is entered on the register under section 6(2) may appeal against such entry to the Board within 28 days after the date of the notice given to him or her under section 7(3).

(2) On an appeal under this section the burden of showing that the site F12[was not a vacant site] for the duration of the 12 months concerned is on the owner of the site.

(3) Where the Board determines that a site was not F12[a vacant site] for the duration of the 12 months concerned or was no longer a vacant site on the date on which the site was entered on the register in accordance with section 6(2) it shall give written notice to the planning authority who shall cancel the entry on the register in respect of that site.

(4) Where the owner of a vacant site appeals under subsection (1) against the entry of a site on the register the entry shall not take effect until the appeal is finally determined.

(5) Where an appeal under subsection (1) against an entry of a site on the register is unsuccessful or is withdrawn the entry shall be deemed to have effect from the date on which the site was entered under section 6(2).

10. Obligation to owners to notify

10. (1) The owner of a vacant site that stands entered on the register under section 6(2) shall notify the planning authority in whose functional area the site is located if it is no longer vacant or idle.

(2) If, at any time, a planning authority is satisfied that a site that stands entered on the register under section 6(2) is no longer a vacant site it shall cancel the entry on the register in respect of that site.

11. Notice to owners of sites on register

11. (1) Every planning authority shall, before 1 June 2018, or such later date in that year as the Minister may specify by order, give a written notice to the owner of any vacant site that stands entered on the register on 1 January 2018—

(a) stating that the site stands entered on the register,

(b) setting out such matters as are entered in the register in respect of the site,

(c) stating that there shall be charged and levied for each year beginning with 2018 in respect of each vacant site in relation to which a market value has been determined and that stands entered on the register a levy in accordance with section 15, and

(d) informing the owner that he or she may make submissions in respect of the entry to the planning authority in writing within 28 days after the date of such notice.

(2) Where a planning authority receives submissions in accordance with a notice under subsection (1) it shall consider those submissions and if it is satisfied that the site is no longer a vacant site it shall cancel the entry on the register in respect of that site.

(3) Where a planning authority receives submissions in respect of a site in accordance with a notice under subsection (1) and after considering those submissions does not cancel the entry on the register in respect of the site it shall give written notice to the owner and the owner may appeal that decision to the Board within 28 days after the date of the notice.

(4) On an appeal under this section the burden of showing that the site, or a majority of the site, is no longer a vacant site sh all be on the owner of the site.

(5) Where the Board determines that a site is no longer a vacant site it shall give written notice to the planning authority who shall cancel the entry on the register in respect of that site.

12. Market value of vacant site

12. (1) A planning authority shall determine, as soon as may be after it is entered on the register, and at least once every 3 years thereafter, the market value of a vacant site by estimating or causing to be estimated the price which the unencumbered fee simple of such site would fetch if it was sold on the open market on the date of the determination in such manner and in such conditions as might reasonably be calculated to obtain for the vendor the best market price for the site.

(2) The market value of the vacant site shall be estimated by the planning authority and it shall authorise a person it considerssuitably qualified for that purpose to inspect the site and report to it the value thereof and the person having possession or custody of the site shall permit the person so authorised to inspect at such reasonable times as the planning authority considers necessary.

(3) Where a person authorised under subsection (2) is not permitted to inspect a property for the purposes of providing an estimate, he or she shall make an estimate of the market value of the site based on his or her knowledge of the site and property and the prevailing local market conditions.

(4) Where the planning authority has determined the market value of a vacant site it shall enter particulars of the determination in the register (together with the date of entry in the register), and give written notice to the owner of the vacant site of the valuation or the revised valuation, as the case may be, which it has placed on the site and inform the owner of his or her right to appeal under section 13.

13. Appeal of market value determination

13. (1) The owner of a vacant site may appeal to the Tribunal against a determination made by a planning authority under section 12(1) within 28 days after the date of the notice given under section 12(4).

(2) The Tribunal shall hear and determine appeals under subsection (1).

(3) Subject to a right of appeal to the High Court on a question of law, the determination of the Tribunal under this section shall be final.

(4) An appeal to the Tribunal shall contain a statement of the specific grounds for the appeal.

(5) The Tribunal shall transmit a copy of every appeal received by it to the planning authority by whom the market value of the property was determined (who shall be the respondent in, and be entitled to be heard and adduce evidence at the hearing of, the appeal concerned) and to any other person appearing to the Tribunal to be affected directly by the determination and any such person shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

(6) The Tribunal shall, where any amendment falls to be made to the valuation of a vacant site pursuant to a determination of the Tribunal or a decision of the High Court in relation to an appeal under this section, give written notice of the amendment to the owner of the site and to the planning authority concerned who shall cause the appropriate entry in the register to be amended with effect from the date of entry referred to in section 12(4) and shall give written notice to the owner of the making of the amendment and of the date from which the amendment has e ffect.

(7) Sections 4 and 39 of the Valuation Act 2001 shall apply to the determination of an appeal under this section as they apply to the determination of appeals under that Act.

(8) The planning authority shall not make a demand for payment of vacant site levy under section 15 —

(a) before the expiry of the period during which an appeal may be brought under that subsection, and

(b) where an appeal is brought under subsection (1), before the appeal is finally determined or withdrawn.

14. Determination of zero market value

14. A planning authority, and the Tribunal on appeal under section 13, may, where it considers it appropriate in all the circumstances, deem that a vacant site has a zero market value, in particular where—

(a) no market exists for the site,or

(b) the site is situated on contaminated lands and the estimated costs of remedial works necessary in order to use or develop the site exceed the market value of the site itself.

15. Vacant site levy

15. (1) Subject to subsection (2), there shall be charged and levied for each year beginning with 2018 in respect of each vacant site in relation to which a market value has been determined in accordance with section 12 and that stands entered on the register a levy to be known as vacant site levy.

(2) Vacant site levy shall not be payable in respect of any land in respect of which the derelict sites levy within the meaning of the Derelict Sites Act 1990 is payable in accordance with that Act.