(LRC Revised)

Number 27 of 2020

PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020

REVISED

Updated to 9 July 2021

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, and Residential Tenancies, Act

2020

. 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

Residential Tenancies (No. 2) Act 2021

(17/2021), enacted 9 July 2021, and all statutory instruments up to and including

the

Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures

concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and

Al-Qaida Organisations) (No.2) Regulations 2021

(S.I. No. 338 of 2021), made 9

July 2021, 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

27

of

2020

PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020

REVISED

Updated to 9 July 2021

CONTENTS

PART 1

Preliminary and General

1. Short title, collective citations and commencement

2. Definitions

PART 2

Planning and Development

3. Definitions (Part 2)

4. Amendment of section 11 of Principal Act

5. Emergency periods

6. Amendment of section 177E of Act of 2000

7. Amendment of section 177H of Act of 2000

8. Amendment of section 177K of Act of 2000

PART 3

Residential Tenancies

9. Interpretation (Part 3)

10. Application of Part

11. Disapplication of Part

12. Notices of termination

13. Prohibition on rent increases during emergency period

14. Service of declaration under section 10 or 11

15. Amendment of Act of 2004

16. Proceedings before Tenancy Tribunal under Act of 2004

Acts Referred to

Building Control Act 1990

(No. 3)

Building Control Acts 1990 to 2014

Comhairle Act 2000

(No. 1)

Companies Act 2014

(No. 38)

Derelict Sites Act 1990

(No. 14)

Emergency Measures in the Public Interest (Covid-19) Act 2020

(No. 2)

Health (Preservation and Protection and other Emergency Measures in the Public Interest)

Act 2020

(No. 1)

Local Government Act 2001

(No. 37)

Planning and Development (Housing) and Residential Tenancies Act 2016

(No. 17)

Planning and Development Act 2000

(No. 30)

Planning and Development Acts 2000 to 2019

Residential Tenancies (Amendment) Act 2019

(No. 14)

Residential Tenancies Act 2004

(No. 27)

Residential Tenancies and Valuation Act 2020

(No. 7)

Social Welfare (Miscellaneous Provisions) Act 2008

(No. 22)

Social Welfare Consolidation Act 2005

(No. 26)

Urban Regeneration and Housing Act 2015

(No. 33)

Number

27

of

2020

PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020

REVISED

Updated to 9 July 2021

An Act to amend

section

11

of the

Planning and Development Act 2000

; to provide, in connection with the

crisis occasioned by the spread of the disease known as Covid-19, for the disregard,

during

such period or periods as are specified by order or orders of the Government made

in the

public interest, of certain periods of time mentioned in the

Planning and Development Act 2000

and

certain other enactments; to amend Part XA of the

Planning and Development Act 2000

for

the purpose of requiring An Bord Pleanála to refuse an application for substitute

consent in the absence of exceptional circumstances and enabling members of the public

to

make submissions and observations in relation to the question as to whether such

circumstances exist; to increase notice periods in relation to notices of termination

served on tenants under tenancies of dwellings during the period from 11 January 2021

to 12

April 2021 for failure to pay rent due and to prohibit increases in rents on tenancies

of

dwellings during that period and, for those purposes, to amend the

Residential Tenancies

Act 2004

; and to provide for matters connected therewith.

[19

th December

, 2020]

WHEREAS the disease known as

Covid-19 continues to present a serious risk to public health, and the transmission

thereof

has proven difficult to prevent;

WHEREAS it continues to be necessary for the State to be in a position to respond

quickly to surges in transmission of the disease by the adoption of extraordinary

measures and safeguards aimed at containing that disease and preventing, minimising

and reducing the risk of infection of persons with the disease, and to put in place

contingency measures in order to ensure the continued effective operation of certain

enactments during any period or periods when such surges in transmission occur or

such extraordinary measures and safeguards are in effect;

WHEREAS the crisis occasioned by the spread of the said disease is causing and will

continue to cause significant harm to the economy of the State and has, thus far,

resulted in a substantial increase in the number of persons who have become unemployed;

WHEREAS the rise in unemployment among persons who reside in residential tenancy accommodation

has had an adverse impact on the ability of such persons to meet their obligations

to pay rent due, thereby presenting an imminent risk that a significant number of

residential tenancies will be terminated by landlords;

WHEREAS any significant increase in terminations of residential tenancies accommodation

by landlords increases the likelihood that the former occupants of such accommodation

would have great difficulty securing alternative accommodation which could cause acute

aggravation of difficulties in the residential accommodation sector including difficulties

relating to overcrowding, thereby presenting a substantial risk of spread of that

disease with a consequent need for measures to counter its spread that would likely

have further adverse economic consequences for the State;

WHEREAS the State has already taken significant measures to deal with the aforementioned

crisis including measures to support the economy that have required and continue to

require substantial disbursement and expenditure of public moneys;

WHEREAS the Oireachtas has, with regard to

sections 5

and

16

of this Act, taken account of the matters referred to in the first and second of

the foregoing recitals; and

WHEREAS the Oireachtas has, with regard to

Part 3

of this Act, taken account of the matters referred to in the first, third, fourth,

fifth and sixth of the foregoing recitals;

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

1. Short title, collective citations and commencement

2. Definitions

PART 2

Planning and Development

3. Definitions (Part 2)

4. Amendment of section 11 of Principal Act

5. Emergency periods

6. Amendment of section 177E of Act of 2000

7. Amendment of section 177H of Act of 2000

8. Amendment of section 177K of Act of 2000

PART 3

Residential Tenancies

9. Interpretation (Part 3)

10. Application of Part

11. Disapplication of Part

12. Notices of termination

13. Prohibition on rent increases during emergency period

14. Service of declaration under section 10 or 11

15. Amendment of Act of 2004

16. Proceedings before Tenancy Tribunal under Act of 2004

Number

27

of

2020