Real Estate Legislation Expected in Autumn 2024
The Government has published its Autumn 2024 Legislation Programme. Real estate-related legislation is summarised below.
LEGISLATION FOR PRIORITY PUBLICATION IN THIS SESSION | STATUS |
Housing (Miscellaneous Provisions) Bill
Miscellaneous amendments and additions to reflect Government housing priorities to the Housing (Regulation of Approved Housing Bodies) Act 2019 and the Affordable Housing Act 2021. |
Bill published 27 September 2024 and has completed Dáil Éireann First Stage. |
LEGISLATION FOR PRIORITY DRAFTING IN THIS SESSION | STATUS |
Energy Performance of Buildings Bill
To partly transpose the requirements of the recast Energy Performance of Buildings Directive. |
Heads in preparation.
See our Q&A briefing on the Directive here. |
Registration of Short-Term Tourism Letting Bill
To provide for new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland with a view to ensuring that houses are used to best effect in areas of housing need. Guidelines on planning requirements for the short-term letting sector are to be published by the Department of Housing, Local Government and Heritage simultaneously with the publication of the Bill. |
Work is ongoing.
The Government originally aimed to have the register in place by Q2 2024. However, the Bill has been the subject of ongoing engagement with the EU Commission to achieve alignment between the Bill and EU law, in particular the new EU Short Term Rental Regulation (STR) which all member states are required to transpose by 20 May 2026. |
Heat (Networks and Miscellaneous Provisions) Bill
To establish a regulatory model for district heating that ensures consumer protection and the delivery of a vibrant district heating industry, and to mandate all public sector buildings and facilities to connect to district heating where it is available and is technically, and economically feasible. |
Heads in preparation. |
Remediation of Defects in Apartments and Duplexes Bill
To provide for the establishment of a remediation scheme for apartments and duplexes with fire safety, structural safety, and water ingress defects, constructed between 1991 and 2013. |
Heads of Bill approved in September 2024.
See Government press release. |
Building Standards Regulatory Authority Bill
To establish a Building Standards Regulatory Authority to strengthen the oversight role of the State in respect of the design and construction of buildings and the marketing and use of construction products. |
Heads in preparation. |
ALL OTHER LEGISLATION | STATUS |
Fire Services Bill
Legislation to consolidate and update the Fire Services Acts. |
Work is ongoing. |
Industrial Development (Miscellaneous Provisions) Bill
The primary purpose of the Bill is to amend the Industrial Development Act 1986 to strengthen IDA’s provision of: (i) environmental aid grants; and (ii) consultancy grants. The Bill will also permit IDA Ireland to establish jointly owned Designated Activity Companies, with the sole purpose of developing critical industrial, commercial property and infrastructure. |
Heads of Bill approved in July 2024. |
Other real estate-related legislation currently going through the legislative process is summarised below.
*Land (Zoning Value Sharing) Bill
To permit the State to secure a proportion of the uplift in land values resulting from rezoning decisions. Where rezoned land is developed, and the uplift in land value is realised, a proportion of that value being 25% of the zoning value of the land (reduced from 30% in the General Scheme), will be payable to the relevant planning authority as a condition of the grant of planning permission before the commencement notice is lodged with the building control authority. |
Bill published 12 September 2024 and has completed Dáil Éireann First Stage.
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Planning and Development Bill 2023
Measures to address delay and improve efficiencies in supporting the delivery of housing and infrastructure relating to:
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Due to be enacted in October 2024. Commencement may be rolled out in phases thereafter or commenced in one phase by the end of the year.
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*Residential Tenancies (Amendment) (No. 3) Bill 2024
To require a landlord terminating a residential tenancy on the grounds of intention to sell, to serve a notice inviting the tenant to make a bid on the dwelling during a 90-day period. The Bill also amends procedures relating to the conduct of mediations, adjudications and Tribunal hearings by the Residential Tenancies Board (RTB) and the sharing of certain information by the Revenue Commissioners with the RTB. |
Bill published 24 July 2024 and has completed Dáil Éireann First Stage.
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*A more detailed briefing on this Bill will be published shortly.
It remains to be seen how much of the above legislation the Government can progress and/or enact before the end of the current Dáil term.