(LRC Revised)

Number 17 of 2016

PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

REVISED

Updated to 31 December 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Planning and Development (Housing) and Residential Tenancies Act 2016

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

National Training Fund (Amendment) Act 2025

(21/2025), enacted 23 December 25, and all statutory instruments up to and including

the

European Union (Restrictive Measures concerning Iraq) Regulations 2026

(S.I. No. 1 of 2026), made 6 January 2026,

were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

17

of

2016

PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

REVISED

Updated to 31 December 2025

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

25A. 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

Chapter 2

Environmental impact assessment - screening

26. Screening for environmental impact assessment

(Repealed)

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

Number

17

of

2016

PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

REVISED

Updated to 31 December 2025

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.

[23

rd December

, 2016]

Be it enacted by the Oireachtas as follows

Annotations

Modifications (not altering text)

C1

Rights under collectively cited

Residential Tenancies Acts

not affected in certain circumstances (1.01.2019) by

Domestic Violence Act 2018

(6/2018), s. 32, S.I. No. 532 of 2018.

Orders not to affect rights under certain enactments or estate or interest

32. (1) Where, by reason only of an interim barring order, emergency barring order

or a barring order, a person is not residing at a place during any period, that person

shall be deemed, for the purposes of any rights under the Statutes of Limitations,

the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings)

Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing

at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place

to which a barring order, an interim barring order or an emergency barring order relates

is suspended by virtue of the order, that order shall not affect any estate or interest

in that place of that respondent or any other person.

Annotations

Modifications (not altering text)

C1

Rights under collectively cited

Residential Tenancies Acts

not affected in certain circumstances (1.01.2019) by

Domestic Violence Act 2018

(6/2018), s. 32, S.I. No. 532 of 2018.

Orders not to affect rights under certain enactments or estate or interest

32. (1) Where, by reason only of an interim barring order, emergency barring order

or a barring order, a person is not residing at a place during any period, that person

shall be deemed, for the purposes of any rights under the Statutes of Limitations,

the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings)

Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing

at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place

to which a barring order, an interim barring order or an emergency barring order relates

is suspended by virtue of the order, that order shall not affect any estate or interest

in that place of that respondent or any other person.

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

25A. 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

Chapter 2

Environmental impact assessment - screening

26. Screening for environmental impact assessment

(Repealed)

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