Ireland’s revised National Planning Framework (NPF) was recently approved by the Government, and (subject to Oireachtas approval) will set the strategic vision for Ireland’s growth and development out to 2040.

This is the first revision of the National Planning Framework as required under the Planning and Development Act 2000 (as amended). There is substantial overlap between the first and the revised NPF, and indeed the overarching National Strategic Outcomes remain the same. But there have been some key changes to the detail of these strategic outcomes that reflect:

  • how Ireland has changed over the last five years
  • changes to Ireland’s legislative and regulatory frameworks
  • some real imperatives in terms of housing.

Housing

The revised NPF targets the delivery of 50,000 new homes a year, doubling the previous goal set by the first NPF. Whilst this is a significant increase in ambition, the overarching NPF strategy in relation to housing largely remains the same. What has changed is that where the first NPF set out ideas or goals for new regulation, policy and legislation to support the strategy, the revised NPF fills in some blanks with the actions of the Government over the past seven years.  In that respect, the revised NPF (and the subsequent guidance the Government intends to provide) provides a more concrete roadmap for how Ireland might achieve this ambitious housing goal.

National Strategic Outcome 1 – Compact Growth provides a clear example of this shift. In the years since the first NPF, the Government has established the Urban Regeneration and Development Fund and the Rural Regeneration and Development Fund. Outcome 1 has also been expanded to include the Residential Zoned Land Tax, which comes into effect in 2025 and aims to activate suitably zoned and serviced land for development. Similarly, the first NPF set out the Government’s objective to establish a strategic and centrally-managed approach to realising the development potential of state owned/influenced lands – and now, with the Land Development Agency fully operational, the revised NPF provides a specific Objective for the LDA’s role in the future.

There are some completely new additions to the overall strategy – for example, an increased focus on how to evaluate land for zoning. Local authorities should not zone land for development if it cannot be serviced within the life of the relevant plan. Given the last zoning update was 2022/2023, there may be a question of whether an interim rezoning is now required. As expected, the revised NPF refers to the Planning and Development Act 2024, and expects that it will provide key legislative tools to achieve Ireland’s housing goals.

For further information in relation to this topic, please contact Brendan Curran, senior associate, Alan Roberts, partner, Alison Fanagan, consultant, Jason Milne, partner or any member of ALG’s Environmental & Planning team.

The Planning and Development Act 2024 (the 2024 Act), signed into law on 17 October 2024, represents a significant overhaul of Ireland’s planning system.  The 2024 Act aims to enhance clarity, improve consistency, and increase confidence in the planning system.  Key reforms include mandatory decision-making timelines, reorganisation of An Bord Pleanála, alignment of plan-making tiers, and changes to the judicial review process.  On 4 March 2025, the Department of Housing, Local Government and Heritage (the Department) published an implementation plan to set out the phased commencement of the 2024 Act.  

Phased Commencement

The 2024 Act will be commenced on a phased basis, with the existing provisions of the Planning and Development Act 2000 (the 2000 Act) remaining in place until the relevant provisions of the 2024 Act are commenced and the corresponding provisions of the 2000 Act are repealed. The 2024 Act includes a number of ‘transitional provisions’ which will be important in navigating this period of transition. The phased commencement is divided into four blocks (A, B, C, and D).

Block A (early Q2 2025): Aspects of the 2024 Act covered in this first commencement stage are to include the following: concept of Development in section 15, Chapters 1 & 3 of Part 9 relating to judicial review, Part 16 (Events and Funfairs) and Part 17 providing for the establishment of An Coimisiún Pleanála.

Block B (mid-2025): The second commencement phase will include the following: Part 3 (Plans, Policies and Related Matters), Chapters 1 & 2 of Part 6 (Environmental Assessments), Chapter 1 of Part 7 (Housing Strategy and Supply), Part 18 (Office of the Planning Regulator) and Part 22 (Urban Development Zones).

The remaining sections of the 2024 Act will be commenced in Blocks C and D with further details as to timing to be provided once Blocks A and B have been commenced.

The commencement timeline will be updated regularly and confirmation of specific dates will be issued in advance of any provisions coming into effect.

Revised Planning and Development Regulations

In September 2023, the Department began examining existing regulations to identify alignment with the new Act, any new regulations required, and the scope of work needed.  This task was substantial, involving over 100 existing regulations amounting to approximately 1,200 pages.  The review identified areas needing major revision or entirely new regulations, while many existing regulations require updates to reflect the structure and language of the new Act. It is envisaged that revised Planning and Development Regulations (the Regulations) will be finalised to align with the commencement of the relevant provisions of the 2024 Act which they support.

The proposed structure of the Regulations is detailed in a table within the implementation plan.
Public consultation will be undertaken for certain regulations, including exempted development regulations and EIA screening threshold regulations.  Regulations dealing with the new judicial review legal costs regime under Part 9, Chapter 2 are the responsibility of the Department of Climate, Environment & Energy.

Conclusion

The commencement of, and transition to, the 2024 Act is a task of “considerable scale and complexity” and the publication of the phased implementation plan is to be welcomed. The Department recognises the imperative of ensuring a smooth transition to the new planning regime.  It is envisaged that the Department will have a dedicated website for the rollout of the 2024 Act and the associated revised regulations which will include commencement information, general guidance material, updated commencement schedules etc. On 7 March 2025, the Department published a helpful Correlation Table listing each section of the 2000 Act and identifying a section, or sections, of the 2024 Act which corresponds closest to that provision. Our Environment & Planning Team will provide further updates as commencement of the 2024 Act proceeds.

For further information in relation to this topic, please contact Alison Fanagan, Consultant,  Alan Roberts, Partner, Jason Milne, Partner, Rachel Kemp, Senior Knowledge Lawyer, or your usual ALG Environmental & Planning contact.

The Irish press has reported this week that Taoiseach and head of the incoming government, Micheál Martin, has indicated that rent pressure zones (RPZs) may be phased out when their current designation expires at the end of 2025.

Mr Martin said on Sunday that “we have time to see if we can develop an alternative system which protects renters but also a clear, stable environment in which to invest” and that the State needs to “pivot more strongly to getting private sector investment into the market”.

This aligns with the recent Programme for Government which emphasises the need for private investment in the housing market, calling out the need to:

  • Achieve stable and predictable policy to attract and retain private investment combined with record state levels of funding to finance the €24 billion per annum needed to build 60,000 homes annually by 2030.
  • Develop new financing sources, especially for brownfield sites and small builders, with support from Home Building Finance Ireland (HBFI), the Housing Finance Agency (HFA) and domestic banks as well as state support of equity investment.

The Irish Times is today reporting that a review of the RPZ system is being carried out by the Housing Agency and is expected to be completed by the end of Q1. It indicates that one of the options being considered is a “reference rent” system, which was a recommendation of the Housing Commission in its report published in May 2024. The proposal is that, under such a system, rent increases would be determined by a reference rent for local homes of a similar quality, as opposed to the 2% cap currently imposed by the RPZ system. It remains to be seen whether this, or alternative options, will be favoured by Government.

We will follow developments in this area closely over the coming months. In the meantime, should you have any queries please contact Aoife Smyth, Knowledge Consultant, or your usual ALG Real Estate contact.

The Dáil is expected to elect a new Taoiseach tomorrow, which will mark the formal commencement of the new coalition government. The government parties have agreed a new Programme for Government (the Programme), the “Accelerating Housing Supply” section of which outlines a comprehensive strategy aimed at tackling housing supply issues. This post sets out what you need to know.

A step-change in housing supply

The government acknowledges the critical need to increase housing supply to meet both current and future demand. It intends to introduce a successor to the “Housing for All” plan and aims to build over 300,000 new homes by the end of 2030. This ambitious target is underpinned by a multi-annual funding commitment and a stated intention to “ramp up construction capacity”.

Planning and active land management

To facilitate the intended increase in housing supply, the Programme emphasises streamlining the planning process by:

  • implementing the Planning and Development Act 2024, which became law in October 2024 but which is to be commenced in stages;
  • strengthening and streamlining compulsory purchase order (CPO) powers with a view to activating under-utilised land;
  • fully resourcing the Ministerial Action Plan on Planning Resources, recruiting additional planning staff and creating a public audit of zoned, serviced and unzoned land;
  • enhancing the resources of the Planning and Environment Court to address litigation efficiency; and
  • local authorities facilitating pre-planning meetings for significant developments.

The aspiration is that these measures should promote a faster and more predictable planning environment for the benefit of all stakeholders, to include developers and investors.

Investment in infrastructure

Recognising the critical link between infrastructure housing development, the government is to support Uisce Éireann in delivering key strategic projects. This includes various proposals to ensure large developments can proceed without delay, for example a new procedure for large developments above 100 units whereby a developer can meet local authority planners and Uisce Éireann on site to iron out issues at pre-planning stage. Additional capital is also to be invested, prioritising water and wastewater infrastructure.

These changes should address infrastructure bottlenecks that have historically delayed housing delivery.

Reducing delays and red tape

A National Housing Procurement Strategy will support housing standardisation with a view to reducing costs and delays, while a Central Housing Construction Supply Unit will also be established to co-ordinate and monitor all major public sector construction projects. It is also intended that a Land Price Register will be established, although there is currently no further detail as to what this will entail.

Modern methods of construction (MMC)

The Programme for Government includes several initiatives under its commitment to MMC, aimed at driving innovation and efficiency in housing delivery. Key elements include:

  • The establishment of an MMC Innovation Fund to fund new housing factories and expand existing ones;
  • The introduction of binding MMC targets, whereby at least 25% of all state-backed housing projects must utilise MMC;
  • An overhaul of the National Standards Authority of Ireland, aligning Irish regulations with EU standards; and
  • Promotion of the use of sustainable materials, to include multi-storey timber-frame residential units.

Land Development Agency (LDA)

The LDA will be further capitalised and its housing delivery targets increased up to 2030. It will also be granted strengthened CPO powers to activate under-utilised land for home building. Efforts are also to be accelerated to transfer under-utilised State lands appropriate for residential development to the LDA.  

The rental market

The Programme outlines a framework designed to support the rental market, with key points including:

  • Expansion of cost rental units through the LDA, local authorities, and Cost Rental Equity Loan funding to Approved Housing Bodies, embedding cost rental as a permanent tenure category;
  • Ongoing review of income criteria for cost rental to ensure broader tenant eligibility;
  • Continued support for affordable rents via the Secure Tenancy Affordable Rental scheme, with criteria under review to encourage greater private developer participation;
  • Establishment of a Rent Price Register;
  • Enhanced enforcement powers for the Residential Tenancies Board, including statutory timelines for complaint resolutions; and
  • Continued review of the effectiveness of Rent Pressure Zones.

Conclusion

The Programme sets out an aspirational vision for transforming Ireland’s housing landscape, with numerous ambitious initiatives designed to address the housing crisis. However, it remains to be seen which elements will take priority and how they will be implemented. An updated legislative programme, expected in the coming weeks, should provide clarity on the Government’s immediate priorities and the focus areas for the months ahead.

For more information, please contact Aoife Smyth, Knowledge Consultant, or any member of ALG’s Real Estate team.

Our Annual Knowledge Report 2024 is now available for viewing. This is the ninth year that the A&L Goodbody Knowledge team has published its report looking at the year’s key legal developments and those in the pipeline for 2025. For the first time, the report has been produced as a digital publication.

The report covers legal developments in real estate and across a range of other areas including investment funds, finance and litigation and disputes. It also includes analysis of developments in data protection, employment, financial regulation, corporate and ESG, and EU and competition law. Additionally, we feature in-depth articles on knowledge management and the impact of the dissolution of the Dáil on legislation.

Each chapter of the report is laid out in three sections:

  • ‘2024 at a glance’ highlights the key themes of the past year.
  • This is followed by a review of the year’s legal developments.
  • We finish with a brief ‘looking ahead’ to developments on the horizon.

Also published this week was our Annual Knowledge Webinar. Available here is an extract from the webinar where Aoife Smyth, Knowledge Consultant with our real estate team, provides an update on proposed reforms to the Irish conveyancing process which have the potential to have implications for dealings in commercial property.

For further information on any of the topics raised, please reach out to your usual ALG Real Estate contact.

The Planning and Development Act 2024 (the Act) was passed by the Dáil on 9 October 2024 and signed into law by the President on 17 October 2024.   It replaces the Planning and Development Act 2000 (the 2000 Act), and the vast amount of legislation that has amended it since.

The Act is 906 pages long, divided into 26 parts, with seven Schedules. It is the third largest piece of legislation enacted in the State’s history. Although now signed into law, only Part 25 (which relates to Rent Pressure Zones) is currently in force. The remainder of the Act will need to be commenced by Ministerial Orders. This is likely to happen in phases, as it did over a 2 year period when the 2000 Act replaced the Local Government (Planning and Development) Act 1963. There will be some complexity in the meantime where elements of both the “old” and “new” planning law will apply. The Act includes “transitional provisions” which will be important in navigating this period of transition.

New Planning & Development Regulations are awaited, which will set out amongst other matters what types of development are exempted from the need to secure planning permission. Also, the detail of the new environmental legal aid costs regime is awaited with interest.

Overview of some of the key changes

Plans, policies and related matters

Part 3 reflects one of the central aims of the Act – to move towards a more strategic, national, plan-led approach to development by emphasising the planning policy hierarchy. This is said to be needed to ensure consistency and integration of national and regional plans into the local plan making process. The more strategic and long-term focus of the Act is reflected in a lengthening of the development plan cycle from six years to ten years.

Judicial review

The Act, in Part 9, makes some significant changes to judicial review (JR).

  • Removal of the application for leave stage. Previously, individuals or organisations had to make an “application for leave” to seek JR which acted as a preliminary screening stage. This requirement has now been removed.
  • Initiation of judicial review. To commence JR proceedings, an application must be made to the High Court by way of notice of motion, notifying relevant parties. The time-limit for bringing a JR remains the same (i.e. eight weeks from the date of the decision, the act or the failure to perform the particular function).
  • Appeal limited from High Court decisions to the Supreme Court only, and only if the case meets the Constitutional criteria for entry to that court.
  • Applicant must provide a statutory declaration. To commence JR proceedings, an applicant must provide the High Court with a statutory declaration confirming that the proceedings are not brought for the purpose of either (a) delaying the carrying out of any development or proposed development or (b) securing any payment to, or the doing of any other thing for the benefit of, any person.
  • Standing requirements. The Act places some restrictions on who can take a judicial review challenge to those who are “directly or indirectly materially affected” by the matter, and to certain representative bodies. For certain environmental cases, such as those involving Environmental Impact Assessment or Appropriate Assessment, an applicant will be regarded as having a sufficient interest (regardless of direct or material impact) where they meet any of the following criteria:
    • companies with environmental protection as a main goal and have been active for at least a year; or
    • organisations with at least ten members and approval from their governing body to bring the JR; or
    • individuals who made submissions “of a material nature” to the relevant body, in accordance with the requirements applicable to such submissions.

The Act introduces significant changes to costs in environmental legal proceedings. A pivotal feature of the Act is the establishment of the “environmental legal costs financial assistance mechanism,” designed to support individuals or groups involved in environmental legal proceedings who do not fully win their cases.  The details of this new legal costs regime will be set out in regulations, which have yet to be published. It is expected that the new JR provisions will not be commenced until that regime is in place.

An Coimisiún Pleanála

Part 17 of the Act provides for the re-structuring and re-organisation of An Bord Pleanála (the Board) under the new name of An Coimisiún Pleanála (the Commission). This entity will have broadly similar powers to the Board, with an increased focus on efficiency, compressed timelines for decision making, and transparency. It is anticipated that this Part will be commenced shortly to enable the establishment of the Commission.

New offence

Part 20 of the Act provides for a new criminal offence of requesting payments or benefits in exchange for not opposing a development or for withdrawing opposition to a development. Requests made in good faith for compensation for loss of enjoyment of land or a maritime site by an owner or occupier are, however, exempted.

Statutory declarations

The Act also introduces a new requirement for submissions, observations, appeals and JR proceedings to be accompanied by a statutory declaration that they are not being made, or taken, to delay the development or secure any benefits. Withdrawals of such submissions and proceedings must also be accompanied by a statutory declaration to the effect that they are not made to secure any benefits. Failure to comply with these requirements, or making false declarations, is an offence.

Conclusion

We await further detail of commencement orders and a ‘comprehensive implementation strategy’ for the Act which is expected to be published by the Department for Housing, Local Government and Heritage soon. The new Planning and Development Regulations will also require detailed scrutiny once published. The passing of the Act marks a significant milestone in the overhaul of the planning system, which the Government committed to deliver within its lifetime. However it is inevitable with such substantial new legislation, that there will be some complexity around its provisions which will lead to issues being raised in cases in the future.

You will recall that earlier this year we provided an update regarding the Joint Committee on Housing, Local Government and Heritage’s PLS report on the Residential Tenancies (Right to Purchase) Bill 2023. The full bill has now been published, renamed as the Residential Tenancies (Amendment) (No.3) Bill 2004 (the Bill). This post considers the various scenarios where the legislation may apply, if it were to become law in its current form.

Background

By way of reminder, the Bill actions the Government’s stated policy of introducing a tenant right of first refusal where their home is being sold by the landlord and the landlord is seeking to terminate the tenancy for that reason. The General Scheme of the Bill indicated that the requirement to issue an invitation to bid to the tenant would not apply to:

  • student-specific accommodation,
  • dwellings within a build-to-rent development, and
  • a dwelling which is one of 2 or more dwellings comprised in the same property which the landlord intends to sell in its entirety.

Current draft and potential application

However, the Bill which has been published doesn’t precisely reflect the exclusions anticipated by the General Scheme and we have therefore summarised below a number of scenarios and how they would be affected by the current wording of the Bill.

Sale of investment property where the tenants are to remain in situ post-sale

The most important thing to bear in mind in the context of this legislation is that the tenant right of first refusal is only of relevance where a landlord is seeking to serve a notice of termination on the grounds of the prospective sale of the property. It therefore will not affect sales of fully-tenanted investments where the tenants are remaining in situ. The only scenario where it may become of relevance is if a landlord is for some reason seeking vacant possession in order to facilitate the sale – see below scenarios for further detail on where this may bite.

Student-specific accommodation

This is, as expected, exempted from the legislation – the right of first refusal provisions do not apply and a landlord can therefore terminate on the grounds of the sale of the property without first having to offer the property to the tenant.

Cost-rental accommodation

Also exempted from the legislation – the right of first refusal provisions do not apply and a landlord can therefore terminate on the grounds of the sale of the property without first having to offer the property to the tenant.

PRS scheme where the landlord owns the entire and no management structure in place

Again, exempted from the legislation – the right of first refusal provisions do not apply and a landlord can therefore terminate on the grounds of the sale of the property without first having to offer the property to the tenant. This analysis is based on the following wording in the Bill:

“This Chapter shall not apply where the dwelling […] is one of 2 or more dwellings contained in a property owned entirely by the landlord and the landlord intends to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of the landlord’s interest in the property”.

PRS scheme with a management structure (MUDs or otherwise) where the common areas are held by a management company

Arguably the current drafting of the Bill would mean that these schemes are not exempt from the notice of invitation to bid provisions – i.e. if a landlord of one of these schemes is selling it will need to offer to the tenants first if it is seeking to terminate the tenancies on the grounds of the sale. Where the landlord intends to sell the scheme fully-let, no issue arises.

“Pepper pot” arrangement where a landlord owns a number of discreet units within a scheme

Again, such an arrangement is not exempt from the notice of invitation to bid provisions and if the landlord wishes to sell the units it will need to offer them to tenants first if it is seeking to terminate the tenancies on the grounds of the sale. Again, where the landlord intends to sell the units fully-let, no issue arises.

Impact on bulk sales

Note overall that the so-called Tyrrellstown amendment continues to apply i.e. where 10 or more units within a development are sold together, the sale is subject to the existing tenants remaining in situ.

Next steps

The Bill remains at the very early stages of the legislative process and has yet to be debated in either house. The pace of its passage through the Oireachtas is likely to be determined by the timing of any general election, which is as yet uncertain.

We will continue to keep its provisions under review and will provide further updates in due course. For more information in the meantime, please contact Aoife Smyth, Knowledge Consultant, or any member of ALG’s Real Estate team.

The Government published the Housing (Miscellaneous Provisions) Bill 2024 (the Bill) on 27 September 2024. It introduces amendments to the Housing (Regulation of Approved Housing Bodies) Act 2019 and the Affordable Housing Act 2021. The primary objectives of the Bill are to ensure the permanent registration of Approved Housing Bodies (AHBs), redefine “alleviation of housing need”, and establish new allocation plans for cost rental homes.

Below is a summary of the key provisions:

Amendments to the Housing (Regulation of Approved Housing Bodies) Act 2019

  1. Permanent registration of AHBs
    • The Bill removes the requirement for “deemed” AHBs to apply for registration, ensuring their permanent registration unless an action is taken to cancel their registration by the Approved Housing Bodies Regulatory Authority (AHBRA) or through an application by the AHB itself.
    • This amendment is stated to have the aim of preventing the cliff-edge cancellation of the largest 20 AHBs on 1 January 2025.
  2. Redefinition of “alleviation of housing need”
    • The Bill removes references linking specific AHB constitutional objects to AHBRA’s powers.
    • The Bill amends the definition of “alleviation of housing need” to ensure all properties ever funded by the State under Section 6 of the Housing Act 1992 and properties designated as Cost Rental under the Affordable Housing Act 2021 fall under AHBRA’s powers.

Amendments to the Affordable Housing Act 2021

  1. Household composition and income eligibility
    • The Minister is empowered to prescribe the composition of a “household” in the context of cost rental eligibility requirements, including considerations of tenant income in shared households.
  2. Allocation plans for cost rental homes
    • The Bill allows for the creation of allocation plans for cost rental homes, which can include alternatives to the standard allocation process and additional selection criteria for tenants, subject to the Minister’s approval.
    • It also provides for the allocation of cost rental tenancies to tenants in-situ and the transition of homes already acquired into the cost rental sector at the commencement of the legislation. 

The Bill is available here and is scheduled for all stages in the Dáil this week (8 and 9 October).

We will continue to track this Bill as it moves through the legislative process. In the meantime, if you have any queries please reach out to your usual ALG Real Estate contact.

The Department of Housing, Local Government and Heritage has this week published a report reviewing the private rented sector in Ireland. This report arises from the Housing for All Action Plan Update, published in November 2022, which included a commitment to “review the operation of the private rental sector and report on policy considerations”.

The review is published by the Department of Housing, Local Government and Heritage. As part of the review process the Government “invited households, other market participants and commentators to provide their perspectives and describe their experiences of market renting”. It also takes into account information relating to stakeholder sentiment gathered through research undertaken on behalf of the RTB and “the experiences of public institutions in their respective roles interacting with the private rental market”.

It covers the following key themes:

  • Composition of the Rental Market: Providing data and analysis on the size and composition of the sector, as well as on rental levels of and the impact of the COVID-19 pandemic and the RPZ legislation on rents.
  • Sectoral Policy Objectives: Outlining the main policy objectives for the sector, which include creating economic conditions to support investment in the sector, increasing supply and affordability, enhancing security of tenure, and ensuring appropriate standards and regulation.
  • Potential Avenues for Policy Change: Suggesting some potential avenues for policy change, such as incentivising investment in the rental sector, supporting affordability through increased supply of cost rental homes, reviewing rental regulation, undertaking a periodic critical review of the RTB, and ensuring appropriate rental standards.

For more information please contact Aoife Smyth, Knowledge Consultant, or your usual ALG Real Estate contact.

A short update to confirm that the legislation referred to in our last post, which limits the letting / licensing of student-specific accommodation to the academic year, passed all remaining stages of the legislative process on Thursday 11 June, without amendment.

The Seanad has also passed a motion for early signature by the President, and we therefore expect the Act to be published in very short order.

Commencement of the legislation will require further ministerial order. Given the stated intention of Government of having the legislation in force before the commencement of the new academic year, we expect this ministerial order to be made very quickly once the Act is published.

We will provide a further update on commencement in due course. In the meantime, should you have any questions please contact Aoife Smyth, Knowledge Consultant, or your usual ALG Real Estate contact.