Chop Chop! Plans to Accelerate Delivery of Housing and New Residential Tenant Protections
New legislation introduced to address rental sector issues and increase housing supply
 

Tenant Protection

 

Rent Control

 

Rent control measures are now in place for areas designated as Rent Pressure Zones (RPZs). Dublin and Cork City are designated as RPZs for 3 years from 24 December 2016. Further areas have been included for 3 years from 27 January 2017 including parts of Galway City and areas within Wicklow, Kildare, Meath and Cork. Orders may be made to include further areas.

Rent set for new tenancies or rent reviews for existing tenancies in RPZs on or after the relevant date of designation are capped by reference to a legislative formula (effectively 4% of rent previously paid for the dwelling) save in certain limited circumstances.

 

Extending Security of Tenure

Generally tenants renting dwellings for at least 6 months who haven't been served with a valid notice of termination acquire security of tenure entitling them to stay in the property for up to 4 years. After that first 6 month period the tenancy becomes known as a Part 4 tenancy.

Tenants of Part 4 tenancies created after 24 December 2016 are now entitled to remain for 6 years (extended from 4 years), assuming no valid notice of termination is served.

 

Constraining Landlords' Termination Rights

Landlords will no longer have the right to terminate without reason within the first 6 months of a new Part 4 tenancy.

Landlords' rights to terminate a tenancy on grounds of intending to sell the property are restricted where the landlord is seeking to sell (simultaneously or within a specified 6 month period) 10 or more properties, each being subject to a tenancy, within the same development. Limited exceptions apply.

Housing Supply

 

Fast Track Planning/

Streamlining Local Authority Approvals

A fast track planning procedure for residential developments of 100 units or more and large-scale student accommodation projects is to be introduced, following which such planning applications are to be made directly to An Bord Pleanála.

Existing arrangements for approval by local authorities of their own development proposals are to be streamlined.

 

Extending Planning Duration

A further extension of the duration of certain permissions will be permitted.

 

Pre-planning Environmental Impact Assessment

As part of the planning process, developers often have to conduct information-gathering exercises in order to understand the environmental effects of a development. For certain developments, a determination of whether or not such an assessment is required is to be permitted before a planning application has been submitted.

 

The date for commencement of the new arrangements on housing supply has yet to be set.

 

Contributed by Tara Rush

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Key Contacts

Andrew Muckian Partner

Conor Linehan Partner

Tara Rush Associate

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