Planning and Development (Housing) and Residential Tenancies Act 2016

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Number 17 of 2016


PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Definitions (general)

PART 2

Planning and Development

Chapter 1

Strategic Housing Developments

3. Definitions (Chapter 1)

4. Strategic housing developments and planning applications

5. Request for consultations before making application under section 4

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

7. Requests to Board after consultation meeting has been held

8. Requirements relating to application for permission under section 4

9. Decisions by Board on applications under section 4

10. Supplemental provisions to section 9

11. Strategic Housing Division

12. Regulations (sections 4 to 10)

13. Construction of section 2 (interpretation) of Act of 2000 during specified period

14. Construction of section 41 (power to vary appropriate period) of Act of 2000 during specified period

15. Construction of section 96 (provision of social and affordable housing, etc.) of Act of 2000 during specified period

16. Construction of section 104 (Board to consist of chairperson and 7 other members) of Act of 2000 during specified period

17. Construction of section 125 (appeals, referrals and applications with which the Board is concerned) of Act of 2000 during specified period

18. Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period

19. Construction of section 144 (fees payable to Board) of Act of 2000 during specified period

20. Construction of section 172 (requirement for environmental impact statement) of Act of 2000 during specified period

21. Construction of section 174 (transboundary environmental impacts) of Act of 2000 during specified period

22. Construction of sections 176A, 176B and 176C (screening for environmental impact assessment) of Act of 2000 during specified period

23. Construction of section 177R (interpretation) of Act of 2000 during specified period

24. Construction of section 191 (right to compensation) of Act of 2000 during specified period

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

Chapter 2

Environmental impact assessment - screening

26. Screening for environmental impact assessment

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

Chapter 3

Miscellaneous constructions and amendments to Planning and Development Act 2000

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

29. Amendment of section 179 (local authority own development) of Act of 2000

PART 3

Amendments to Residential Tenancies Act 2004

30. Definition (Part 3)

31. Amendment of section 3 (application of Act) of Act of 2004

32. Amendment of section 4 (interpretation generally) of Act of 2004

33. Amendment of section 12 (obligations of landlords) of Act of 2004

34. Amendment of section 19 (setting of rent above market rent prohibited) of Act of 2004

35. Amendment of section 22 (tenant to be notified of new rent) of Act of 2004

36. Rent pressure zones and areas deemed to be rent pressure zones

37. Part 4 tenancies and extension of period from 4 years to 6 years

38. Amendment of section 34 (grounds for termination by landlord) of Act of 2004

39. Amendment of section 35 (Table to section 34: interpretation and supplemental) of Act of 2004

40. Restriction on termination of certain tenancies by landlords

41. Repeal of section 42 (termination of additional rights) of Act of 2004, transitional provisions and consequential amendments

42. Amendment of section 62 (requirements for a valid notice of termination) of Act of 2004

43. Amendment of section 100 (appeal to Tribunal against adjudicator’s determination) of Act of 2004

44. Amendment of section 103 (membership of Tribunal, etc.) of Act of 2004

45. Amendment of section 104 (determination of disputes by Tribunal: procedures generally) of Act of 2004

46. Publication of certain statistics by Board

47. Amendment of section 115 (redress that may be granted on foot of determination) of Act of 2004

48. Amendment of section 121 (determination orders) of Act of 2004 and consequential amendments

49. Amendment of section 124 (enforcement of determination orders) of Act of 2004

50. Amendment of section 151 (functions of Board) of Act of 2004

PART 4

Amendments to Housing Finance Agency Act 1981

51. Amendments to Housing Finance Agency Act 1981

PART 5

Amendments to Local Government Act 1998

52. Amendments to Local Government Act 1998

SCHEDULE

Consequential Amendments to Residential Tenancies Act 2004

PART 1

Amendments relating to Amendment of section 28 of Act of 2004

PART 2

Amendments relating to repeal of section 42 of Act of 2004

PART 3

Amendments relating to the Board and the Director


Acts Referred to

Environment (Miscellaneous Provisions) Act 2015 (No. 29)

Higher Education Authority Act 1971 (No. 22)

Housing (Miscellaneous Provisions) Act 2014 (No. 21)

Housing Finance Agency Act 1981 (No. 37)

Interpretation Act 2005 (No. 23)

Landlord and Tenant (Amendment) Act 1980 (No. 10)

Local Government Act 1998 (No. 16)

Local Government Act 2001 (No. 37)

Local Government Acts 1925 to 2014

Motor Vehicle (Duties and Licences) Act 2013 (No. 9)

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2015

Pyrite Resolution Act 2013 (No. 51)

Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)

Residential Tenancies Act 2004 (No. 27)

Residential Tenancies Acts 2004 to 2015

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Number 17 of 2016


PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016


An Act to facilitate the implementation of the document entitled “Rebuilding Ireland - Action Plan for Housing and Homelessness” that was published by the Government on 19 July 2016, and for that and other purposes to amend the Planning and Development Acts 2000 to 2015, the Residential Tenancies Acts 2004 to 2015 and the Housing Finance Agency Act 1981 , to amend the Local Government Act 1998 in relation to the Local Government Fund and to provide for connected matters.

[23rd December, 2016]

Be it enacted by the Oireachtas as follows: