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Reform history

Planning and Development (Housing) and Residential Tenancies Act 2016

2 versions · 2016-12-23

2025-12-31

IE-2016-act-17 — consolidated version 2025-12-31

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@@ -1,12 +1,10 @@

# Planning and Development (Housing) and Residential Tenancies Act 2016

## PART 1 Preliminary and General

##### 1. **Short title, collective citation, construction and commencement**

**1.** (1) This Act may be cited as the Planning and Development (Housing) and Residential Tenancies Act 2016.

(2) (a) The Planning and Development Acts 2000 to 2015, and this Act, other than *paragraphs (b)* and *(c)*, *Parts 3* to *5* and the *Schedule*, may be cited together as the Planning and Development Acts 2000 to 2016 and shall be construed together as one.

(2) (a) The Planning and Development Acts 2000 to 2015, and this Act, other than *paragraphs (b)* and *(c)*, Parts 3 to 5 and the *Schedule*, may be cited together as the Planning and Development Acts 2000 to 2016 and shall be construed together as one.

(b) The Residential Tenancies Acts 2004 to 2015, this paragraph, *Part 3* and the *Schedule* may be cited together as the Residential Tenancies Acts 2004 to 2016 and shall be construed together as one.

@@ -14,7 +12,7 @@

(3) (a) Subject to *paragraphs (b)* and *(c)*, 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 or different provisions.

(b) *Sections 33* to *37*, *sections 46*, *47* and *50* come into operation on the day following the passing of this Act.

(b) Sections 33 to 37, *sections 46*, *47* and *50* come into operation on the day following the passing of this Act.

@@ -24,18 +22,28 @@

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

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

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

## PART 2 Planning and Development

### Chapter 1 *Strategic Housing Developments*

##### 3. **Definitions (*Chapter 1*)**

### Chapter 1

##### 3. **Definitions (Chapter 1)**

**3.** In this Chapter—

F2["Board" means An Coimisiún Pleanála;]

“consultation meeting” means a meeting to which *section 6(5)* relates;

F3["development plan" has the same meaning as it has in section 2 of the Act of 2024;]

F4["gross floor space" means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building;]

F3["local area plan" means a plan continued in force by section 81 of the Act of 2024;]

“prospective applicant” means a person who—

(a) is the owner of the land concerned, or

@@ -44,6 +52,14 @@

and who intends to apply for permission under that section in respect of that land;

F4["shared accommodation" means a building or part thereof used for the provision of residential accommodation consisting of—

(a) communal living and kitchen facilities and amenities shared by the residents, and

(b) bedrooms rented by the residents,

but does not include student accommodation or a building, or part thereof, used for the provision of accommodation to tourists or visitors;]

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

@@ -56,43 +72,45 @@

(b) the development of student accommodation units which, when combined, contain 200 or more bed spaces, on land the zoning of which facilitates the provision of student accommodation or a mixture of student accommodation and other uses thereon,

(c) development that includes developments of the type referred to in *paragraph (a)* and of the type referred to in *paragraph (b)*, or

(d) the alteration of an existing planning permission granted under section 34 (other than under subsection (3A)) where the proposed alteration relates to development specified in *paragraph (a)*, *(b)* or *(c)*,

F4[(ba) development—

(i) consisting of shared accommodation units that, when combined, contain 200 or more bed spaces, and

(ii) on land the zoning of which facilitates the provision of shared accommodation or a mixture of shared accommodation thereon and its application for other uses,]

F5[(c) development that contains developments of the type to which all of the foregoing paragraphs, or any two of the foregoing paragraphs, apply, or]

each of which may include other uses on the land, the zoning of which facilitates such use, but only if—

(i) the cumulative gross floor area of the houses or student accommodation units, or both, as the case may be, comprises not less than 85 per cent, or such other percentage as may be prescribed, of the gross floor space of the proposed development or the number of houses or proposed bed spaces within student accommodation to which the proposed alteration of a planning permission so granted relates, and

(i) the cumulative F5[gross floor space] of the F5[houses, student accommodation units, shared accommodation units or any combination thereof] comprises not less than 85 per cent, or such other percentage as may be prescribed, of the gross floor space of the proposed development or the number of houses or proposed bed spaces within student accommodation F4[or shared accommodation] to which the proposed alteration of a planning permission so granted relates, and

(ii) the other uses cumulatively do not exceed—

(I) 15 square metres gross floor space for each house or 7.5 square metres gross floor space for each bed space in student accommodation, or both, as the case may be, in the proposed development or to which the proposed alteration of a planning permission so granted relates, subject to a maximum of 4,500 square metres gross floor space for such other uses in any development, or

(II) such other area as may be prescribed, by reference to the number of houses or bed spaces in student accommodation within the proposed development or to which the proposed alteration of a planning permission so granted relates, which other area shall be subject to such other maximum area in the development as may be prescribed;

(I) 15 square metres gross floor space for each house or 7.5 square metres gross floor space for each bed space in student accommodation F5[or shared accommodation] in the proposed development or to which the proposed alteration of a planning permission so granted relates, subject to a maximum of 4,500 square metres gross floor space for such other uses in any development, or

(II) such other area as may be prescribed, by reference to the number of houses or bed spaces in student accommodation F4[or shared accommodation] within the proposed development or to which the proposed alteration of a planning permission so granted relates, which other area shall be subject to such other maximum area in the development as may be prescribed;

“Strategic Housing Division” means the division of the Board referred to in *section 11(1)*;

“student accommodation” has the meaning provided for by *section 13*.

F4["student accommodation"—

(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of theQualifications and Quality Assurance (Education and Training) Act 2012), and that is not for use—

(i) as permanent residential accommodation, or

(ii) subject to*paragraph (b)*, as a hotel, hostel, apart-hotel or similar type accommodation,

and

(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times;]

##### 4. **Strategic housing developments and planning applications**

**4.** (1) Subject to *subsection (4)*, during the specified period and notwithstanding anything to the contrary contained in any other provision of the *Planning and Development Acts 2000* to *2016*—

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where *section 6(7)(b)* applies or, in the case that a request is made under *section 7(1)*, when the Board has complied with the request pursuant to *section 7(2)*,

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in *section 8*,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

**4.** (1) F8[…]

(2) (a) Not later than 30 October 2019, the Minister shall—

@@ -116,7 +134,7 @@

(b) it is duly carried out consequent to an election under *subsection (4)*.

##### 5. **Request for consultations before making application under *section 4***

##### 5. **Request for consultations before making application under section 4**

**5.**(1) Subject to *subsection (2)*, a prospective applicant shall, before making the application in accordance with *section 4(1)*, make a request to the Board to enter into consultations with the Board in relation to the proposed strategic housing development and any such request shall comply with *subsection (7)*.

@@ -132,7 +150,7 @@

(b) the period may be extended, at the discretion of the planning authority or planning authorities, as the case may be, by such specified period upon a second or subsequent such request.

(4) The failure by a planning authority to comply with the requirement to hold a consultation meeting for the purposes of section 247 of the Act of 2000 by virtue of *subsection (3)* within the time limits provided for by that subsection shall not prevent the Board from proceeding under this section to deal with the application concerned.

(5) A request to the Board by a prospective applicant to enter into consultations with the Board shall be in writing and shall include—

@@ -170,7 +188,7 @@

(8) Without prejudice to the generality of *subsection (5)(a)(vi)*, the matters that may be the subject of regulations under that subparagraph may include but shall not be limited to a brief description of—

(a) the proposed types of houses or student accommodation units, or both, as appropriate, and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect,

(a) the proposed types of houses F11[, student accommodation units or shared accommodation units] and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect,

(b) public and private open space provision, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant,

@@ -186,7 +204,7 @@

(h) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site.

##### 6. **Consideration of request under *section 5* by Board and consultations**

##### 6. **Consideration of request under section 5 by Board and consultations**

**6.**(1) (a) Within 2 weeks of the date of the receipt by the Board of the request of a prospective applicant under *section 5(1)* to enter into consultations the Board shall either—

@@ -198,7 +216,7 @@

(II) the Board decides that the request does not include some or all of the information, statements or appropriate fee to which *subsections (5)* and *(6)* of *section 5* relates.

(b) In any consultations under *paragraph (a)*, the Board may give advice to the prospective applicant regarding the procedures involved in making a planning application and in considering such an application.

(b) In any consultations under F13[under this section], the Board may give advice to the prospective applicant regarding the procedures involved in making a planning application and in considering such an application.

(2) Where the Board refuses under *subsection (1)(a)(ii)* to consider a request under *section 5(1)* by a prospective applicant to enter into consultations within 2 weeks from the date of the receipt of the request, then the Board shall—

@@ -232,7 +250,7 @@

(5) The Board shall convene a consultation meeting—

(a) to take place within 4 weeks of the date of the receipt by the Board of the request under *section 5(1)*, and

(a) to take place within 4 weeks of the date of the F13[notification under*subsection (4)(a)]*, and

(b) to be attended by—

@@ -246,7 +264,7 @@

(6) Each planning authority in whose area the proposed strategic housing development would be situated shall ensure that planning authority officials attending the consultation meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

(7) Within 3 weeks of the holding, in accordance with *subsection (5)*, of the consultation meeting or, if more than one such meeting, the last of the those meetings, the Board—

(7) Within 3 weeks of the holding, in accordance with *subsection (5)*, of the consultation meeting or, if more than one such meeting, the last of F14[…] those meetings, the Board—

(a) having regard to the consultation that has taken place for the purposes of this section and the submissions under *subsection (4)(b)* of each planning authority concerned, shall form an opinion as to whether the documents referred to in *section 5(5)*—

@@ -290,7 +308,7 @@

(a) (i) make a determination in relation to a proposed strategic housing development if one or both of the following applies:

(I) where the development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) that does not exceed the relevant quantity, area or other limit standing specified in that Part, whether it is likely to have significant effects on the environment;

(I) where the development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) that F17[does not equal or exceed, as the case may be,] the relevant quantity, area or other limit standing specified in that Part, whether it is likely to have significant effects on the environment;

(II) whether the development, individually or in combination with another project, is likely to have a significant effect on a European site;

@@ -298,31 +316,43 @@

(ii) inform the prospective applicant of the determination;

(b) give to the prospective applicant an opinion in writing prepared by the Board on what information will be required to be contained in an environmental impact statement or Natura impact statement or both of those statements, as the case may be, in relation to the proposed strategic housing development.

(b) give to the prospective applicant an opinion in writing prepared by the Board on what information will be required to be contained in an F18[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, in relation to the proposed strategic housing development.

(2) (a) On receipt of a request under either *paragraph (a)* or *(b)* of *subsection (1)*, which shall be accompanied by the appropriate fee,and except where *paragraph (b)* of this subsection applies, the Board shall, after consulting such bodies as may be prescribed for that purpose, comply with the request within 8 weeks of receipt of the request.

(b) Where a prospective applicant intends to make requests to the Board under *paragraphs (a)* and *(b)* of *subsection (1)*, then such requests shall, unless the Board otherwise approves, be made at the same time and, accordingly, on receipt of such a request the Board—

(i) shall comply with the request to which *subsection (1)(a)* relates within 8 weeks of its receipt, and

(ii) shall then comply with the request to which *subsection (1)(b)* relates within 16 weeks of its receipt.

(i) F17[subject to*subsection (2A)*, shall]comply with the request to which *subsection (1)(a)* relates within 8 weeks of its receipt, and

(ii) F17[subject to*subsection (2B)*, shall] then comply with the request to which *subsection (1)(b)* relates within 16 weeks of its receipt.

(c) A determination made by the Board for the purposes of *subsection (1)(a)(i)*, or an opinion given by the Board for the purposes of *subsection (1)(b)* (including the main reasons and considerations on which the determination or opinion are based, as the case may be) shall be placed and kept with the documents relating to the planning application concerned.

F19[(2A)(*a*) Subject to*paragraph (b)*, where a prospective applicant makes a request to the Board to which*clause (I)*of*subsection (1)(a)(i)*applies, the Board shall not be required to comply with*subsection (2)(b)(i)*within the period specified in*subsection (2)(b)(i)*where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(*b*) Where*paragraph (a)*applies, the Board shall, by notice in writing served on the prospective applicant before the expiration of the period referred to in*subsection (2)(b)(i)*, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify in the notice the date before which the Board intends that the determination concerned shall be made.]

F19[(2B)(*a*) The period referred to in*subsection (2)(b)(ii)*shall not apply where a notice under*subsection (2A)(b)*has been served.

(*b*) Where*paragraph (a)*applies, the Board shall comply with the request under*subsection (1)(b)*within 8 weeks of making the determination concerned under*subsection (1)(a)(i)(I)*.]

(3) A person shall not question the validity of a determination by, or opinion of, the Board under this section by reason only that the procedures as set out in *subsection (2)* were not completed within the time referred to in that subsection.

##### 8. **Requirements relating to application for permission under *section 4***

##### 8. **Requirements relating to application for permission under section 4**

**8.** (1) Before an applicant makes an application under *section 4(1)* for permission, he or she shall—

(a) have caused to be published, in one or more newspapers circulating in the area or areas in which it is proposed to carry out the strategic housing development, a notice—

(i) indicating the location and a brief outline of the proposed development, including—

(I) the number of proposed houses or student accommodation units, as the case may be, and

(II) in the case of student accommodation units, the combined number of bedspaces, and any other uses to which those units may be put,

F21[(i) specifying the location of the proposed development and containing a brief description of the proposed development, including a description—

(I) of the number of houses, student accommodation units or shared accommodation units of which the proposed development is intended to consist, and

(II) in the case of student accommodation units or shared accommodation units, of—

(A) the combined number of bed spaces of which the proposed development is intended to consist, and

(B) any other uses to which those units are intended to be put,]

(ii) stating that he or she proposes to make an application to the Board for permission for the proposed development,

@@ -332,15 +362,15 @@

(II) the period of 5 weeks from the receipt by the Board of the application,

during which a copy of the application and any environmental impact statement or Natura impact statement or both of those statements, if such is required, may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

during which a copy of the application and any F22[environmental impact assessment report or Natura impact statement or both that report and that statement], if such is required, may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

(iv) stating that the application contains a statement—

(I) setting out how the proposal will be consistent with the objectives of the relevant development plan or local area plan, and

(I) setting out how the proposal will be consistent with the objectives of the relevant development plan or local area F21[plan, or]

(II) where the proposed development materially contravenes the said plan other than in relation to the zoning of the land, indicating why permission should, nonetheless, be granted, having regard to a consideration specified in section 37(2)(b) of the Act of 2000,

(v) stating that in the case of an application referred to in *subsection (2)*, an environmental impact statement or Natura impact statement or both of those statements, as the case may be, has or have been prepared in respect of the proposed development,

(v) stating that in the case of an application referred to in *subsection (2)*, an F22[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, has or have been prepared in respect of the proposed development,

(vi) where relevant, stating that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention,

@@ -356,7 +386,9 @@

(x) stating where practical information on the review mechanism can be found,

(b) have sent a copy in both printed form and electronic form of the application and any environmental impact statement or Natura impact statement or both of those statements, if such is required, to—

F23[(*aa*) comply with section 172B of thePlanning and Development Act 2000,]

(b) have sent a copy in both printed form and electronic form of the application and any F22[environmental impact assessment report or Natura impact statement or both that report and that statement], if such is required, to—

(i) the planning authority or authorities in whose functional area or areas the proposed development would be situated, and

@@ -368,7 +400,7 @@

and

(c) in the case that the proposed strategic housing development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, have sent a prescribed number of copies of the application and the environmental impact statement to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in *paragraph (a)(iii)*, be made in writing to the Board.

(c) in the case that the proposed strategic housing development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, have sent a prescribed number of copies of the application and the F22[environmental impact assessment report] to the F21[appropriate authority] of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in *paragraph (a)(iii)*, be made in writing to the Board.

(2) In the case of a proposed strategic housing development that—

@@ -376,15 +408,15 @@

(b) is likely to have a significant effect on a European site,

the applicant shall prepare, or cause to be prepared, an environmental impact statement or Natura impact statement or both of those statements, as the case may be, in respect of the development.

(3) (a) The Board may decide to refuse to deal with any application made to it under *section 4(1)* where it considers that the application for permission, or the environmental impact statement or Natura impact statement if such is required, is inadequate or incomplete, having regard in particular to the permission regulations and any regulations made under *section 12*, or section 177 of the Act of 2000, or to any consultations held under *section 6*.

(b) Where *paragraph (a)* applies, the Board shall, within 2 weeks from the date of the receipt by it of the application—

the applicant shall prepare, or cause to be prepared, F22[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, in respect of the development.

(3) (a) The Board may decide to refuse to deal with any application made to it under *section 4(1)* where it considers that the application for permission, or the F22[environmental impact assessment report] or Natura impact statement if such is required, is inadequate or incomplete, having regard in particular to the permission regulations and any regulations made under *section 12*, or section 177 of the Act of 2000, or to any consultations held under *section 6*.

(b) Where *paragraph (a)* applies, the Board shall, F23[subject to*subsection (3A)*,] within 2 weeks from the date of the receipt by it of the application—

(i) return to the applicant concerned—

(I) subject to *paragraph (c)*, the originals of any documents or digital devices containing the information prescribed for the purposes of *subsection (1)(a)(iv)* of *section 4*, any environmental impact statement or Natura impact statement, or both of those statements, as the case may be, and any information prescribed under *section 12* to accompany the application, and

(I) subject to *paragraph (c)*, the originals of any documents or digital devices containing the information prescribed for the purposes of *subsection (1)(a)(iv)* of *section 4*, any F22[environmental impact assessment report or Natura impact statement, or both that report and that statement], as the case may be, and any information prescribed under *section 12* to accompany the application, and

(II) any fee received from the applicant for the purposes of *section 4(1)(a)(v)*,

@@ -398,10 +430,14 @@

(ii) retaining an electronic copy of a document, or

(iii) by agreement with the prospective applicant concerned, retaining a document,

(iii) by agreement with the F24[…] applicant concerned, retaining a document,

to which that clause relates.

F23[(3A)(*a*) Subject to*paragraph (b)*, the Board shall not be required to comply with*subsection (3)(b)*, in so far as an environmental impact assessment report is concerned (including the originals referred to in that subsection and the information prescribed under*section 12*referred to in that subsection to the extent that such originals or information relate to that report), within the period specified in the subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(*b*) Where*paragraph (a)*applies, the Board shall, by notice in writing served on the applicant before the expiration of the period referred to in*subsection (3)(b)*, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify in the notice the date before which the Board intends to comply with that subsection.]

(4) (a) In this subsection and *subsection (5)* “relevant elected members” means—

(i) in the case of a local authority referred to in *paragraph (b)*, the elected members of the Area Committee or Area Committees (established under section 50(1) of the Local Government Act 2001) in respect of the area or areas concerned, in which the proposed strategic housing development would be situated,

@@ -422,7 +458,7 @@

(vi) South Dublin County Council.

(c) On receipt, under *subsection (1)(b)(i)*, of a copy of the application and any environmental impact statement or Natura impact statement, or both of those statements, the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated shall—

(c) On receipt, under *subsection (1)(b)(i)*, of a copy of the application and any F22[environmental impact assessment report or Natura impact statement, or both that report and that statement], the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated shall—

(i) notify the relevant elected members of the making of that application, the information specified for the purposes of *subsection (1)(a)(iii)* and the information provided for the purposes of *subsection (1)(a)(vii)*, and

@@ -472,7 +508,7 @@

(7) A person shall not question the validity of a decision of the Board under this section by reason only that the procedures as set out in *subsection (3)* were not completed within the time referred to in that subsection.

##### 9. **Decisions by Board on applications under *section 4***

##### 9. **Decisions by Board on applications under section 4**

**9.** (1) The Board shall, before making a decision to which *subsection (4)* relates in respect of the proposed strategic housing development, consider—

@@ -494,7 +530,7 @@

(B) the likely effects on the environment or the likely effects on a European site, as the case may be, of the proposed development, if carried out,

(b) where required, an environmental impact statement or Natura impact statement or both of those statements, as the case may be, submitted to the Board pursuant to *section 8(2)*, and

(b) where required, an F26[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, submitted to the Board pursuant to *section 8(2)*, and

(c) any report or recommendation prepared in relation to the application in accordance with section 146 of the Act of 2000, including the report of the person conducting any oral hearing of the proposed development.

@@ -532,7 +568,7 @@

and may attach to a permission under *paragraph (a)*, *(b)* or *(c)* such conditions as it considers appropriate.

(5) Where the Board did not exercise its functions under *section 8(3)* to refuse to deal with an application, then nothing in that subsection shall be read so as to prevent the Board from refusing to grant permission for a proposed strategic housing development in respect of an application under *section 4* where the Board considers that development of the kind proposed would be premature by reference to the inadequacy or incompleteness of the environmental impact statement or Natura impact statement submitted with the application for permission, if such is required.

(5) Where the Board did not exercise its functions under *section 8(3)* to refuse to deal with an application, then nothing in that subsection shall be read so as to prevent the Board from refusing to grant permission for a proposed strategic housing development in respect of an application under *section 4* where the Board considers that development of the kind proposed would be premature by reference to the inadequacy or incompleteness of the F26[environmental impact assessment report] or Natura impact statement submitted with the application for permission, if such is required F27[, or where an environmental impact assessment report is required, the application was not accompanied by such report].

(6) (a) Subject to *paragraph (b)*, the Board may decide to grant a permission for a proposed strategic housing development in respect of an application under *section 4* even where the proposed development, or a part of it, contravenes materially the development plan or local area plan relating to the area concerned.

@@ -574,17 +610,17 @@

(d) In this subsection “appropriate sum” means a sum which is equal to the lesser amount of 3 times the fee paid by the applicant to the Board in respect of his or her application for permission or €10,000.

(14) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section, *sections 4* to *8* or in regulations made under *section 12* to the area in which the proposed strategic housing development would be situated includes, if the context admits, a reference to the 2 or more areas in which that development would be situated and cognate references shall be construed accordingly.

(14) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section, sections 4 to 8 or in regulations made under *section 12* to the area in which the proposed strategic housing development would be situated includes, if the context admits, a reference to the 2 or more areas in which that development would be situated and cognate references shall be construed accordingly.

(15) A person shall not question the validity of a decision of the Board under this section by reason only that the procedures as set out in *subsection (9)* were not completed within the time provided for by that subsection.

(16) The failure by the planning authority concerned to comply with the requirement to prepare and submit to the Board a report, under *subsection (5)* of *section 8*, within the time limits provided for by that subsection shall not prevent the Board from proceeding to make its decision under this section.

##### 10. **Supplemental provisions to *section 9***

##### 10. **Supplemental provisions to section 9**

**10.** (1) The Board shall send a copy of a decision under *section 9* to the applicant, to any planning authority in whose area the proposed strategic housing development would be situated and to any person who made submissions or observations on the application for permission.

(2) (a) The Board shall cause to be published in one or more newspapers circulating in the area a notice informing the public of a decision under *section 9*.

(2) F29[(a) The Board shall publish on its website both a notice and a copy of a decision under*section 9*.]

(b) The notice shall state that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A of the Act of 2000.

@@ -594,9 +630,19 @@

(a) the main reasons and considerations on which the decision is based,

(b) where the Board grants a permission in accordance with *section 9(6)(a)*, the main reasons and considerations for contravening materially the development plan or local area plan, as the case may be, and

F30[(*aa*) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

(*ab*) if that decision arises from the Board’s consideration of the environmental impact assessment report concerned and is different from the recommendation in a report of a person assigned to report on the application concerned on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to refuse permission,]

F30[(*d*) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition, and

(*e*) in relation to the granting or refusal of a permission in respect of an application accompanied by an environmental impact assessment report, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision.]

F30[(3A) A decision given under*section 9(4)*in respect of an application accompanied by an environmental impact assessment report and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

(4) A grant of permission under *section 9(4)* shall be furnished to the applicant as soon as may be after the making of the relevant decision.

@@ -610,9 +656,9 @@

**11.** (1) A division of the Board, to be known as the Strategic Housing Division, is established on the commencement of this section.

(2) The Strategic Housing Division is in addition to any division for the time being constituted under section 112 of the Act of 2000 and to the Strategic Infrastructure Division.

(3) The Strategic Housing Division shall, subject to *subsections (8)*, *(9)* and *(10)*, determine any matter falling to be determined by the Board under the *Planning and Development Acts 2000* to *2016* in relation to strategic housing development other than development to which *section 4(4)* relates.

(2) The Strategic Housing Division is in addition to any division for the time being constituted under section 112 of the Act of 2000 F35[or section 514 of theAct of 2024] and to the Strategic Infrastructure Division.

(3) The Strategic Housing Division shall, subject to *subsections (8)*, *(9)* and *(10)*, determine any matter falling to be determined by the Board under the *Planning and Development Acts 2000* to *2016* F35[or theAct of 2024] in relation to strategic housing development other than development to which *section 4(4)* relates.

(4) For the purpose of *subsection (3)*, the Strategic Housing Division has all the functions of the Board.

@@ -642,15 +688,15 @@

(i) by the Board, or

(ii) to the extent that it may be assigned to the Strategic Infrastructure Division or to that Division or to one or more than one division under section 112(1) of the Act of 2000, by each such division so assigned,

(ii) to the extent that it may be assigned to the Strategic Infrastructure Division or to that Division or to one or more than one division under section 112(1) of the Act of 2000 F35[or section 514 of theAct of 2024], by each such division so assigned,

as if the Board or each such division, as the case may be, were the Strategic Housing Division for the purposes of *section 4(3)* and, where appropriate, *section 7(2)(a)* shall be read accordingly.

(c) The Minister shall cause notice of the making of the direction under *paragraph (b)* to be published in *Iris Oifigiúil* and such notice shall include the date of dissolution.

##### 12. **Regulations (*sections 4***to***10*)**

**12.** (1) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of matters to which *sections 4* to *10* relate, including—

##### 12. **Regulations (sections 4 to 10)**

(a) consultations with planning authorities for the purposes of *section 5(2)*,

@@ -666,9 +712,9 @@

(a) the procedure for the making of an application under *section 4*, including the erection or fixing of a site notice, the giving of public notice and the making of applications in electronic form or otherwise;

(b) the proportion of the fee payable to the Board under section 144(1A)(b) of the Act of 2000 in respect of an application under *section 4* that shall, on the making of a decision under *section 9* on the application, be paid by the Board to the planning authority or authorities concerned, as the case may be, and the circumstances in which the Board shall not pay any proportion of the fee to such planning authority or authorities;

(c) the making available for inspection in electronic form by members of the public, at the offices of the Board or the relevant planning authority or authorities in whose area or areas the development will be situated, of any specified documents, particulars, plans or other information with respect to applications under *section 4*;

(b) the proportion of the fee payable to the Board under section 144(1A)(b) of the Act of 2000 F37[or section 376 of theAct of 2024] in respect of an application under *section 4* that shall, on the making of a decision under *section 9* on the application, be paid by the Board to the planning authority or authorities concerned, as the case may be, and the circumstances in which the Board shall not pay any proportion of the fee to such planning authority or authorities;

F38[(c) the making available for inspection by members of the public, at the offices of the Board or the relevant planning authority or authorities in whose area or areas the development will be situated, and in electronic form, of any specified documents, particulars, plans or other information with respect to applications under*section 4*;]

(d) the making of submissions or observations to the Board in relation to applications under *section 4*;

@@ -686,19 +732,7 @@

“(aa) any proposed development referred to in *section 4* (other than development in respect of which an election has been exercised under *subsection (4)* of that section) of the *Planning and Development (Housing) and Residential Tenancies Act 2016*,”,

(d) as if the following definition were inserted after the definition of “structure”:

“ ‘student accommodation’—

(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of Qualifications and Quality Assurance (Education and Training) Act 2012), and that is not for use—

(i) as permanent residential accommodation, or

(ii) subject to paragraph (b), as a hotel, hostel, apart-hotel or similar type accommodation,

and

(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times;”,

(d) F40[…]

(e) as if “or under *section 9* of the *Planning and Development (Housing) and Residential Tenancies Act 2016*,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised structure”, and

@@ -818,225 +852,21 @@

##### 25. **Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period**

**25.** The Fourth Schedule to the Act of 2000 has effect during the specified period as if the following were inserted after paragraph 18:

“18A. In the case of a proposed strategic housing development (within the meaning of *Chapter 1* of the *Planning and Development (Housing) and Residential Tenancies Act 2016*), the environmental impact statement or Natura impact statement, or both, submitted with the application for permission under *section 4* of that Act is or are inadequate or incomplete.”.

### Chapter 2 *Environmental impact assessment - screening*

**F53[25.**The Fourth Schedule to theAct of 2000has effect as if the following were inserted after paragraph 18:

“18A. In the case of a proposed strategic housing development (within the meaning of Chapter 1 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ), the environmental impact assessment report or Natura impact statement, or both, submitted with the application for permission under section 4 of that Act is or are inadequate or incomplete.”.]

##### 25A. **F55[Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Act of 2000 during specified period**

**25A.**The Fifth Schedule to theAct of 2000has effect during the specified period as if in paragraph 1‘orsection 9(4) of thePlanning and Development (Housing) and Residential Tenancies Act 2016’were inserted after‘section 34(4)(g)’.

(2) Section 1(3) of the Act of 2016 (which relates to commencement of provisions of that Act) applies to the commencement of the amendment provided for by*subsection (1)*.]

### Chapter 2

##### 26. **Screening for environmental impact assessment**

**26.** The Act of 2000 is amended by inserting the following section after section 176:

**“Application for screening for environmental impact assessment**

**176A.** (1) In this section—

‘screening determination for environmental impact assessment’ means a determination made as part of a screening for environmental impact assessment;

‘screening for environmental impact assessment’ means a determination—

(a) as to whether a proposed development would be likely to have significant effects on the environment, and

(b) if the development would be likely to have such effects, that an environmental impact assessment is required.

(2) (a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not exceed the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.

(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.

(3) An application under subsection (2) shall contain—

(a) the name and address of the applicant,

(b) where the applicant is not the owner or occupier of the land the subject of the proposed development, the name and address of the owner and, where the owner is not the occupier of the land, the occupier,

(d) a description of the nature and extent of the proposed development and its likely effects on the environment, and

(e) any such other information as may be prescribed by the Minister,

and be accompanied by such fee as may be prescribed under section 246(1)(ca).

(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—

(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and

(b) consult any body prescribed by the Minister for the purposes of this subsection and consider any views of that body,

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.

(5) Where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—

(a) the owner to make a submission on an application made under subsection (2), and

(b) where the owner is not the occupier of the land, the occupier of that land to make such a submission,

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.

(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.

(7) Where a planning authority rejects an application in accordance with subsection (6) it shall—

(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, together with any fee received from the applicant, and

(b) give reasons for its decision to the applicant,

and, where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority shall also notify the owner and, where the owner is not the occupier of the land, the occupier of its decision under subsection (6).

(8) Subsection (7) is without prejudice to the planning authority—

(a) making a copy of a document,

(b) retaining an electronic copy of a document, or

to which that subsection relates.

**Screening for environmental impact assessment**

**176B.**(1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment (within the meaning of section 176A(1)) in respect of the development under subsection (2).

(2) Subject to subsection (1), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment (within the meaning of section 176A(1)) in respect of the proposed development—

(a) where further information, views or submissions—

(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and

(ii) are duly received by the authority within the period specified under the said subsection (4) or (5),

within the period of 3 weeks from the date that such information, views or submissions are so received, or

(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).

(3) Before making a decision on an application under section 176A(2), the planning authority shall—

(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001, and

(b) have regard to any information, views or submissions received in accordance with section 176A(4) and, where relevant, section 176A(5).

(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment (within the meaning of section 176A(1)) made under this section to—

(a) the applicant,

(b) any person or body consulted under section 176A(4), and

and the notice shall include—

(i) the planning authority’s reasons for that decision, and

(ii) information concerning referral of the determination to the Board for review under section 176C.

(5) A planning authority shall publish the screening determination for environmental impact assessment (within the meaning of section 176A(1)), either or both—

(a) on its website, and

(b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

(i) stating that the determination may be referred to the Board for review by—

(I) the applicant,

(II) the owner of the land, where he or she is not the applicant,

(III) the occupier of the land, where he or she is not the applicant or the owner of the land, and

(IV) any person or body consulted by the planning authority about the application,

(ii) stating that a person may question the validity of either or both—

(I) the screening determination for environmental impact assessment by the planning authority, and

(II) any determination by the Board of the said screening determination,

by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A of the Act of 2000, and

(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

Review of screening determination for environmental impact assessment and referral of application for screening for environmental impact assessment

**176C**. (1) Where a screening determination for environmental impact assessment (within the meaning of section 176A(1)) is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a ‘determination review’) by the Board.

(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment (within the meaning of section 176A(1)) has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—

(a) the person who made the application may—

(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and

(ii) on payment to the Board of the appropriate fee,

refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and

(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).

(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—

(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and

(b) any information, views or submissions received in accordance with section 176A(4) and, where relevant, section 176A(5) in respect of the application to the planning authority.

(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.

(5) Before making a determination under this section, the Board shall—

(b) have regard to any information, views or submissions made in accordance with subsection (4) of section 176A and, where relevant, subsection (5) of that section and any determination made by the planning authority under section 176B.

(6) The Board shall make a determination on the determination review or the application referral—

(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or

(b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.

(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—

(a) as to whether a proposed development would be likely to have significant effects on the environment, and

(b) if the development would be likely to have such effects, that an environmental impact assessment is required.

(8) The Board shall give notice in writing of its determination under this section to—

(a) the planning authority,

(b) the applicant,

(d) where section 176A(5) applies, either or both the owner and the occupier, as appropriate in the circumstances, and

(e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.

(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination, either or both—

(a) on its website, and

(b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

(i) indicating the place or places at which the documents relating to the making of its determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,

(ii) stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A of the Act of 2000, and

(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

(10) The Board shall—

(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,

(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and

and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.”.

**26.** F57[…]

##### 27. **Consequential amendments (Chapter 2) to Act of 2000**

@@ -1068,51 +898,61 @@

“(ca) the payment to planning authorities of prescribed fees in relation to applications for determinations under section 176A,”.

### **Chapter 3** *Miscellaneous constructions and amendments to Planning and Development Act 2000*

### Chapter 3

##### 28. **Amendment, etc., of section 42 (power to extend appropriate period) of Act of 2000**

**28.** (1) Section 42 of the Act of 2000 is amended—

(a) in subsection (1)—

(i) by substituting “Subject to subsection (8), on application to it in that behalf” for “On application to it in that behalf”,

(ii) in paragraph (a)(ii) by inserting “and” at the end of clause (II), substituting “section,” for “section, and” in clause (III) and deleting clause (IV), and

(iii) by inserting the following after paragraph (a):

“(aa) an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted,”,

and

(b) by inserting the following after subsection (7):

“(8) Subparagraph (ii) of subsection (1)(a) does not apply in the case of a permission granted under *section 9* of the *Planning and Development (Housing) and Residential Tenancies Act 2016*.”.

**28.**F58[(1) Section 42 of theAct of 2000is amended—

(a) in subsection (1) by substituting the following for paragraph (a):

‘(a) (i) the authority is satisfied that—

(I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

(II) an environmental impact assessment or an appropriate assessment, or both of those assessments, was or were not required before the permission was granted,

(III) substantial works were carried out pursuant to the permission during that period, and

(IV) the development will be completed within a reasonable time,’,

and

(b) by substituting the following for subsection (4):

‘(4) A decision to extend the appropriate period of a permission shall be made not more than twice under this section and a planning authority shall not further extend the appropriate period. Where a second decision to extend an appropriate period is made under this section, the combined duration of the 2 extensions of the appropriate period shall not exceed 5 years.’.]

(2) During the period from the passing of this Act until 31 December 2021, section 42 of the Act of 2000 has effect—

(a) as if the following subsection were inserted after subsection (1):

“(1A) (a) Notwithstanding anything to the contrary in subsection (1) or (4), a planning authority shall—

(i) as regards a particular permission in respect of a development of the type referred to in subsection (1)(a)(i) that relates to 20 or more houses and in respect of which an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted, and

(ii) upon application being duly made to the authority,

F59[(a) as if the following subsection were inserted after subsection (1):

‘(1A) (a) Notwithstanding anything to the contrary in subsection (1) or (4), a planning authority shall—

(i) as regards a particular permission in respect of a development that relates to 20 or more houses and in respect of which an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted, and

(ii) upon application being duly made to the authority setting out the reasons why the development cannot be reasonably completed within the appropriate period,

further extend the appropriate period by such additional period not exceeding 5 years, or until 31 December 2021, whichever first occurs, but the authority shall only so extend that period where the authority—

(I) considers it requisite to enable the development to which the permission relates to be completed,

(II) is satisfied that the application is in accordance with such regulations under the *Planning and Development Acts 2000* to *2016* as apply to the application,

(III) is satisfied that any requirements of, or made under those regulations are complied with as regards the application, and

(IV) is satisfied that in the case of a permission—

(A) where the expiry of the appropriate period as extended occurred or occurs during the period from 19 July 2016 to the day preceding the day that *section 28* of the *Planning and Development (Housing) and Residential Tenancies Act 2016* comes into operation, the application is duly made within 6 months of the said commencement date, and

(B) where the appropriate period as extended has not expired on the date of the commencement of *section 28* of the *Planning and Development (Housing) and Residential Tenancies Act 2016*, the application is duly made prior to the end of the expiration of the period by which the appropriate period was extended.”,

(II) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2016 as apply to the application,

(III) is satisfied that any requirements of, or made under those regulations are complied with as regards the application,

(IV) is satisfied that the development to which the permission relates was—

(A) commenced, and

(B) substantial works were carried out,

before the expiration of the appropriate period or any extension of that period, and

(V) is satisfied that in the case of a permission—

(A) where the expiry of the appropriate period as extended occurred or occurs during the period from 19 July 2016 to the day preceding the day thatsection 28(2) of thePlanning and Development (Housing) and Residential Tenancies Act 2016comes into operation, the application is duly made within 6 months of the said commencement date, or

(B) where the appropriate period as extended expires on or after the date of commencement ofsection 28(2) of thePlanning and Development (Housing) and Residential Tenancies Act 2016, the application is duly made within the period prescribed for the purposes of section 43(2).’,]

(b) as if in subsection (2) there were substituted “subsection (1) or (1A)” for “subsection (1)”, and

@@ -1136,7 +976,7 @@

## PART 3 Amendments to Residential Tenancies Act 2004

##### 30. **Definition (*Part 3*)**

##### 30. **Definition (Part 3)**

**30.** In this Part and the Schedule “Act of 2004” means the Residential Tenancies Act 2004.

@@ -1330,7 +1170,7 @@

**40.** The Act of 2004 is amended by inserting the following section after section 35:

**“35A.** (1) In this section—

“**35A.** (1) In this section—

‘development’ means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared;

@@ -1534,63 +1374,3 @@

“(c) The total amount of all payments made under paragraph (a) shall not exceed €420 million in respect of the year ending 31 December 2016.”.

## SCHEDULE Consequential Amendments to Residential Tenancies Act 2004

*Section 37*

## **PART 1** **Amendments relating to Amendment of section 28 of Act of 2004**

| Reference No | Provision | Amendment |

| --- | --- | --- |

| (1) | (2) | (3) |

| 1 | Section 34(b)(ii) | Substitute “6 years” for “4 years”. |

| 2 | Section 40(1) | Substitute “6 year period” for “4 year period”. |

| 3 | Section 41 Subsection (1) | Substitute “6 year period” for “4 year period”. |

| 4 | Subsection (3) | Substitute “6 year period” for “4 year period”. |

| 5 | Subsection (4) | Substitute “6 years” for “4 years” in both places where it occurs. |

| 6 | Section 43 | Substitute “6 years” for “4 years” in both places where it occurs. |

| 7 | Section 45 Subsection (1) | Substitute “6 years” for “4 years”. |

| 8 | Subsection (4) | Substitute “6 years” for “4 years” in both places where it occurs. |

| 9 | Section 47(5) | Substitute “6 years” for “4 years” in both places where it occurs. |

| 10 | Table | Substitute “6 years” for “4 years” in paragraph 2. |

## **PART 2** **Amendments relating to repeal of section 42 of Act of 2004**

*Section 41*

| Reference No. | Provision | Amendment |

| --- | --- | --- |

| (1) | (2) | (3) |

| 1 | Section 40(2) | Substitute “A reference in section 41(4) to section 34 or Chapter 3 is a reference” for “References in sections 41(4) and 42 to section 34 or Chapter 3 are references”. |

| 2 | Section 41 Subsection (4) | Delete “(b) or” in paragraph (a). |

| 3 | Subsection (4) | Delete paragraph (b). |

| 4 | Section 44 | Substitute “section 34 or Chapter 3” for “section 34, Chapter 3 or section 42”. |

| 5 | Section 45 Subsection (4) | Delete “(b) or” in paragraph (a). |

| 6 | Subsection (4) | Delete paragraph (b). |

| 7 | Section 47 Subsection (4) | Delete. |

| 8 | Subsection (6) | Delete. |

| 9 | Table | Delete “or 42” in paragraph 1. |

| 10 | Section 55(2) | Substitute: “(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.”. |

## **PART 3** **Amendments relating to the Board and the Director**

*Section 48*

| Reference No. | Provision | Amendment |

| --- | --- | --- |

| (1) | (2) | (3) |

| 1 | Section 95(5) | Substitute “Director” for “Board”. |

| 2 | Section 96 Subsection (1) | Substitute in paragraph (a) “Director” for “Board”. |

| 3 | Subsection (1) | Substitute “the Director shall prepare” for “the Board shall prepare”. |

| 4 | Subsection (2) | Substitute in paragraph (b) “to the Director” for “to the Board”. |

| 5 | Section 99(4) | Substitute “Director” for “Board”. |

| 6 | Section 109 Subsection (2) | Substitute in paragraph (d)(vi) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”. |

| 7 | Subsection (2) | Substitute in paragraph (d)(ix) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”. |

| 8 | Section 123 | |

| | Subsection (5) | Substitute “direct the Director” for “direct the Board”. |

| 9 | Subsection (5) | Substitute “the Director shall cancel” for “the Board shall cancel”. |

| 10 | Subsection (6) | Substitute “Director” for “Board” in each place where it occurs. |

| 11 | Subsection (7) | Substitute in paragraph (a) “issued by the Director” for “issued by it”. |

| 12 | Section 125(2) | Insert “direct the Director to” after “The powers mentioned in subsection (1) are to”. |

| 13 | Section 159(1) | Delete “, 121”. |

| 14 | Section 176(3) | Delete in paragraph (b) “sealed and”. |

2016-12-23

Planning and Development (Housing) and Residential Tenancies Act 20

original version Text at this date