Housing Conditions

Table of Contents

Planning and Development Act PART V

Housing Supply

Annotations

Modifications (not altering text):

C107
Application of Part extended (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 5(2)(b), S.I. No. 270 of 2017.

Request for consultations before making application under section 4

5. …

(2) …

(b) those consultations shall have regard to so much of Part V of the Act of 2000 as would be relevant to the proposed strategic housing development.

…

Editorial Notes:

E235
Arrangements in relation to the purchase of affordable dwellings provided for (18.06.2018 in part) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), Part 5 (ss. 78-96), S.I. No. 206 of 2018.

E236
Arrangements in relation to the purchase of houses by tenants provided for (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), ss. 21-34, S.I. No. 482 of 2015.

Interpretation.

93.—(1) In this Part—

F489[“cost rental housing” means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021;]

F490[“housing strategy” means a strategy included in a development plan in accordance with section 94(1);

F491[“market value”—

(a) in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market, and

(b) in relation to land in respect of which planning permission is granted, means the price which the unencumbered fee simple of the land would have fetched if it had been sold on the open market on the date of the grant of planning permission;]

“mortgage” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house.]

(2) F492[…]

(3) F492[…]

(4) For the avoidance of doubt, it is hereby declared that, in respect of any planning application or appeal, compliance with the housing strategy and any related objective in the development plan shall be a consideration material to the proper planning and sustainable development of the area.

Annotations

Amendments:

F489
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 43(a), S.I. No. 450 of 2021.

F490
Substituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 1(a), S.I. No. 350 of 2018.

F491
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 43(b), S.I. No. 450 of 2021.

F492
Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 1(b), S.I. No. 350 of 2018.

Editorial Notes:

E237
Previous affecting provision: definition of “housing strategy” deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 37, S.I. No. 405 of 2010; substituted as per F-note above.

Housing strategies.

94.—(1) (a) Each planning authority shall include in any development plan it makes in accordance with section 12 a strategy for the purpose of ensuring that the proper planning and sustainable development of the area of the development plan provides for the housing of the existing and future population of the area in the manner set out in the strategy.

(b) (i) Subject to subparagraph (ii), any development plan made by a planning authority after the commencement of this section shall include a housing strategy in respect of the area of the development plan.

(ii) Where before the commencement of this section a planning authority has given notice under section 21A(2) (inserted by the Act of 1976) of the Act of 1963 of a proposed amendment of a draft development plan, it may proceed in accordance with section 266 without complying with subparagraph (i), but where a development plan is so made, the planning authority shall take such actions as are necessary to ensure that, as soon as possible and in any event within a period of 9 months from the commencement of this section, a housing strategy is prepared in respect of the area of the development plan and the procedures under section 13 are commenced to vary the development plan in order to insert the strategy in the plan and to make such other changes as are necessary arising from the insertion of the strategy in the plan pursuant to this Part.

(c) A planning authority shall take such actions as are necessary to ensure that, as soon as possible and in any event within a period of 9 months from the commencement of this section, a housing strategy is prepared in respect of the area of the development plan and the procedures under section 13 are commenced to vary the development plan in order to insert the strategy in the plan and to make such other changes as are necessary arising from the insertion of the strategy in the plan pursuant to this Part.

(d) A housing strategy shall relate to the period of the development plan or, in the case of a strategy prepared under paragraph (b)(ii) or paragraph (c), to the remaining period of the existing development plan.

(e) A housing strategy under this section may, or pursuant to the direction of the Minister shall, be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans and such a joint strategy shall be included in any development plan that relates to the whole or any part of the area covered by the strategy and the provisions of this Part shall apply accordingly.

F493[(2) In preparing a housing strategy, a planning authority shall—

(a) have regard to the most recent summary of social housing assessments prepared under section 21(a) of the Housing (Miscellaneous Provisions) Act 2009 that relate to the area of the development plan,

(b) consult with any body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 in its functional area, and

(c) have regard to relevant policies or objectives for the time being of the Government or any Minister of the Government that relate to housing and, in particular, social integration in the provision of housing services.]

(3) A housing strategy shall take into account—

(a) the existing need and the likely future need for housing to which subsection (4)(a) applies,

(b) the need to ensure that housing is available for persons who have different levels of income,

(c) the need to ensure that a mixture of house types and sizes is developed to reasonably match the requirements of the different categories of households, as may be determined by the planning authority, and including the special requirements of elderly persons and persons with disabilities, F494[…]

(d) the need to counteract undue segregation in housing between persons of different social backgrounds F495[, and]

F496[(e) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers.]

(4) (a) A housing strategy shall include an estimate of the amount of—

F497[(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, F498[…]]

F500[(ii) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021, and]

F501[(iii) cost rental housing,]

required in the area of the development plan during the period of the development plan and the estimate may state the different requirements for different areas within the area of the development plan.

(b) F502[…]

F500[(c) Subject to paragraph (d), a housing strategy shall provide that as a general policy a specified percentage, not being more than 20 per cent, of—

(i) the land zoned for residential use, or for a mixture of residential and other uses, and

(ii) any land which is not zoned for residential use, or for a mixture of residential and other uses, but in respect of which permission for the development of houses is granted,

shall be reserved under this Part for the provision of housing for the purposes of one or more of subparagraphs (i), (ii) and (iii) of paragraph (a).]

F500[(d) Paragraph (c) shall not operate to prevent any person (including a local authority) from using more than 20 per cent of land in respect of which permission for the development of houses is granted for the provision of housing to which paragraph (a) applies.]

(5) (a) When making an estimate under subsection (4)(a)(ii), the planning authority shall have regard to the following:

(i) the supply of and demand for houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;

(ii) the price of houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;

(iii) the income of persons generally or of a particular class or classes of person who require houses in the area of the development plan;

(iv) the rates of interest on mortgages for house purchase;

(v) the relationship between the price of housing under subparagraph (ii), incomes under subparagraph (iii) and rates of interest under subparagraph (iv) for the purpose of establishing the affordability of houses in the area of the development plan;

F503[(va) F504[…]]

(vi) such other matters as the planning authority considers appropriate or as may be prescribed for the purposes of this subsection.

(b) Regulations made for the purposes of this subsection shall not affect any housing strategy or the objectives of any development plan made before those regulations come into operation.

F505[(6) (a) When making an estimate under subsection (4)(a)(iii), the planning authority shall have regard to the following:

(i) the supply of and demand for houses for rent in the whole or part of the area of the development plan;

(ii) the cost of rents applicable to houses generally, or to houses of a particular class or classes, in the whole or part of the area of the development plan;

(iii) the income of persons generally, or of a particular class or classes of person, who require houses for rent in the area of the development plan;

(iv) the relationship between the cost of rents referred to in subparagraph (ii) and incomes referred to in subparagraph (iii) for the purpose of establishing the affordability of housing for rent in the area of the development plan;

(v) such other matters as the planning authority considers appropriate or as may be prescribed for the purposes of this subsection.

(b) Regulations made for the purposes of this subsection shall not affect any housing strategy or the objectives of any development plan made before those regulations come into operation.

(7) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—

(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subparagraphs (ii) and (iii) of subsection (4)(a) required in the area of the development plan during the period of the development plan,

(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and

F496[(8) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—

(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subsection (3)(e) required in the area of the development plan during the period of the development plan,

(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and

Annotations

Amendments:

F493
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 31, S.I. No. 364 of 2015.

F494
Deleted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(I), S.I. No. 715 of 2021.

F495
Substituted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(II), S.I. No. 715 of 2021.

F496
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(III), (ii), S.I. No. 715 of 2021.

F497
Substituted (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7, item no. 2(a) and (b)(i), S.I. No. 83 of 2011.

F498
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(I), (b), S.I. No. 450 of 2021.

F499
Substituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(i), S.I. No. 350 of 2018.

F500
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(II), (ii), (iii), S.I. No. 450 of 2021.

F501
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(III), S.I. No. 450 of 2021.

F502
Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(ii), S.I. No. 350 of 2018.

F503
Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item no. 2(c), S.I. No. 350 of 2018.

F504
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(b), S.I. No. 450 of 2021.

F505
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(c), S.I. No. 450 of 2021.

Editorial Notes:

E238
Previous affecting provision: subs. (4)(a)(ii) subsituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(i), S.I. No. 350 of 2018; substituted as per F-note above.

E239
Previous affecting provision: subs. (4)(c), (d) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 31, S.I. No. 364 of 2015; substituted as per F-note above.

E240
Previous affecting provision: subs. (2) amended (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7 item no. 2(a), S.I. No. 83 of 2011; substituted as per F-note above.

Housing strategies and development plans.

95.—(1) (a) In conjunction with the inclusion of the housing strategy in its development plan, a planning authority shall F506[, having regard to the overall strategy for the proper planning and sustainable development of the area of the development plan referred to in section 10,] ensure that sufficient and suitable land is zoned for residential use, or for a mixture of residential and other uses, to meet the requirements of the housing strategy and to ensure that a scarcity of such land does not occur at any time during the period of the development plan.

(b) A planning authority shall include objectives in the development plan in order to secure the implementation of the housing strategy, in particular, any of the matters referred to in section 94(3), including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing referred to in F507[section 94(3)(e) and] section 94(4)(a).

(c) Specific objectives as referred to in paragraph (b) may be indicated in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under section 94(4)(a), different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in section 94(4)(c) not being exceeded.

(d) In order to counteract undue segregation in housing between persons of different social backgrounds, the planning authority may indicate in respect of any particular area referred to in paragraph (c) that there is no requirement for housing referred to in section 94(4)(a) in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required.

F508[(2) Nothing in subsection (1) or section 96 shall prevent any land being developed exclusively for housing referred to in section 94(4)(a)(i) or (ii).]

(3) (a) The report of the F509[chief executive] under section 15(2) shall include a review of the progress achieved in implementing the housing strategy and, where the report indicates that new or revised housing needs have been identified, the F509[chief executive] may recommend that the housing strategy be adjusted and the development plan be varied accordingly.

(b) The F509[chief executive] of a planning authority shall, where he or she considers that there has been a change in the housing market, or in the regulations made by the Minister under section 100, that significantly affects the housing strategy, give a report on the matter to the members of the authority and, where he or she considers it necessary, the F509[chief executive] may recommend that the housing strategy be adjusted and the development plan be varied accordingly.

Annotations

Amendments:

F506
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 32, S.I. No. 364 of 2015.

F507
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(b), S.I. No. 715 of 2021.

F508
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 45, S.I. No. 450 of 2021.

F509
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 58, S.I. No. 436 of 2018.

Editorial Notes:

E241
Variation of housing services plan in context of adjustment of a housing strategy pursuant to subs. (3) provided for by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 17(1), not commenced as of date of revision.

F510[

Provision of social and affordable housing, etc.

96.—(1) Subject to subsection (13) and section 97, F511[the provisions of this section shall apply to an application for permission for the development of houses on land], or where an application relates to a mixture of developments, to that part of the application which relates to the development of houses on such land, in addition to the provisions of section 34 F512[and, where applicable, Part 9 of the Land Development Agency Act 2021].

(2) A planning authority, or the Board on appeal, shall require as a condition of a grant of permission that the applicant, or any other person with an interest in the land to which the application relates, F513[prior to the lodgement of a commencement notice within the meaning of Part II of the Building Control Regulations 1997,] enter into an agreement under this section with the planning authority, providing, in accordance with this section, for the matters referred to in paragraph (a) or (b) of subsection (3).

(3) F511[(a) Subject to paragraphs (b) and (j), an agreement under this section shall provide for the transfer to the planning authority of the ownership of 20 per cent of the land that is subject to the application for permission for the provision of housing referred to in section 94(4)(a).]

(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for—

(i) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on the land which is subject to the application for permission of such number and description as may be specified in the agreement,

(ii) F514[…]

(iii) F514[…]

F515[(iv) the transfer to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,]

F513[(iva) the grant to the planning authority F516[, or persons nominated by the authority in accordance with this Part,] of a lease under the Housing Acts 1966 to 2014 of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]

(v) F514[…]

(vi) F514[…]

(vii) a combination of a transfer of land referred to in paragraph (a) (but involving a lesser amount of such land than if the agreement solely provided for a transfer under that paragraph) and the doing of one or more of the things referred to in the preceding subparagraphs,

F517[(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to (iva),]

F517[but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate of the net monetary value of the property transferred, or the reduction in rent payable over the term of a lease referred to in F511[subparagraph (iva)] (excluding any reduction for maintenance, management and void periods specified in such lease), by virtue of the agreement being equivalent to the net monetary value, that is to say, the open market value less the existing use value, of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).]

F516[(bb) Where property is transferred to a planning authority under paragraph (a) or (b) or there is a reduction in rent payable over the term of a lease referred to in paragraph (b)(iva) (excluding any reduction for maintenance, management and void periods specified in such lease), the planning authority shall use at least half of the aggregate of the net monetary value of that property and of any reduction in rent calculated in accordance with paragraph (b) for the provision of housing referred to in section 94(4)(a)(i).]

(c) In considering whether to enter into an agreement under paragraph (b), the planning authority shall consider each of the following:

(i) whether such an agreement will contribute effectively and efficiently to the achievement of the objectives of the housing strategy;

(ii) whether such an agreement will constitute the best use of the resources available to it to ensure an adequate supply of housing and any financial implications of the agreement for its functions as a housing authority;

(iii) the need to counteract undue segregation in housing between persons of different social background in the area of the authority;

(iv) whether such an agreement is in accordance with the provisions of the development plan;

(v) the time within which housing referred to in section 94(4)(a) is likely to be provided as a consequence of the agreement.

F517[(d) Where houses are to be transferred to the planning authority F516[or persons nominated by the authority] in accordance with an agreement under paragraph (b), the price of such houses shall be determined on the basis of—

(i) the site cost of the houses (calculated in accordance with subsection (6)), and

(ii) the costs, including normal construction and development costs and profit on those costs, calculated at open market rates that would have been incurred by the planning authority had it retained an independent builder to undertake the works, including the appropriate share of any common development works, as agreed between the authority and the developer.]

(e) Where an agreement under this section provides for the transfer of F517[land or houses], F517[the houses] or the land, whether in one or more parts, shall be identified in the agreement.

(f) In so far as it is known at the time of the agreement, the planning authority shall indicate to the applicant its intention in relation to the provision of housing, including a description of the proposed houses, on the land F514[…] to be transferred F518[, or to be the subject of a lease,] in accordance with paragraph (a) or (b).

(g) Nothing in this subsection shall be construed as requiring the applicant or any other person (other than the planning authority) to enter into an agreement under paragraph (b) instead of an agreement under paragraph (a).

(h) For the purposes of an agreement under this subsection, the planning authority shall consider—

(i) the proper planning and sustainable development of the area to which the application relates,

(ii) the housing strategy and the specific objectives of the development plan which relate to the implementation of the strategy,

(iii) the need to ensure the overall coherence of the development to which the application relates, where appropriate, and

(iv) the views of the applicant in relation to the impact of the agreement on the development.

(i) Government guidelines on public procurement shall not apply to an agreement made under paragraph (a) or (b) except in the case of an agreement which is subject to the requirements of Council Directive No. 93/37/EEC1 on the co-ordination of procedures relating to the award of Public Works Contracts and any directive amending or replacing that directive.

F516[(j) Where—

(i) the permission is granted before 1 August 2021, or

(ii) the permission is granted during the period beginning on 1 August 2021 and ending on 31 July 2026 and the land to which the application for permission relates was purchased by the applicant, or the person on whose behalf the application is made, during the period beginning on 1 September 2015 and ending on 31 July 2021,

the reference to “20 per cent of the land” in paragraph (a) shall be read as “10 per cent of the land” and the reference in paragraph (bb) to “at least half of the aggregate of the net monetary value” shall be read as “all of the aggregate of the net monetary value.]

(4) An applicant for permission shall, when making an application to which this section applies, specify the manner in which he or she would propose to comply with a condition to which subsection (2) relates, were the planning authority to attach such a condition to any permission granted on foot of such application, and where the planning authority grants permission to the applicant subject to any such condition it shall have regard to any proposals so specified.

(5) In the case of a dispute in relation to any matter which may be the subject of an agreement under this section, other than a dispute relating to a matter that falls within subsection (7), the matter may be referred by the planning authority or any other prospective party to the agreement to the Board for determination.

(6) Where ownership of land is transferred to a planning authority pursuant to subsection (3), the planning authority shall, by way of compensation, pay to the owner of the land a sum equal to—

(a) (i) in the case of—

(I) land purchased by the applicant before 25 August 1999, or

(II) land purchased by the applicant pursuant to a legally enforceable agreement entered into before that date or in exercise of an option in writing to purchase the land granted or acquired before that date,

the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon (including, in circumstances where there is a mortgage on the land, interest paid in respect of the mortgage) as may be determined by the property arbitrator,

(ii) in the case of land the ownership of which was acquired by the applicant by way of a gift or inheritance taken (within the meaning of the Capital Acquisitions Tax Act, 1976) before 25 August 1999, a sum equal to the market value of the land on the valuation date (within the meaning of that Act) estimated in accordance with section 15 of that Act,

(iii) in the case of—

(I) land purchased before 25 August 1999, or

(II) land purchased pursuant to a legally enforceable agreement to purchase the land entered into before that date, or in exercise of an option, in writing, to purchase the land granted or acquired before that date,

(where the applicant for permission is a mortgagee in possession of the land) the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon calculated from that date (including any interest accruing and not paid in respect of the mortgage) as may be determined by the property arbitrator,

(b) the value of the land calculated by reference to its existing use F517[on the date on which the permission referred to in subsection (2) is granted] on the basis that on that date it would have been, and would thereafter have continued to be, unlawful to carry out any development in relation to that land other than exempted development,

whichever is the greater.

(7) (a) Subject to paragraph (b), a property arbitrator appointed under section 2 of the Property Values (Arbitration and Appeals) Act, 1960, shall (in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919), in default of agreement, fix the following where appropriate:

(i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);

F513[(ia) in the case of an agreement referred to in subsection (3)(b)(iva), the number of houses and the rent payable under such an agreement;]

(ii) F514[…]

(iii) the compensation payable under subsection (6) by a planning authority to the owner of land;

(iv) the payment of an amount to the planning authority under subsection (3)(b)(vi), (vii) or (viii); and

(v) the allowance to be made under section 99(3)(d)(i).

(b) For the purposes of paragraph (a), section 2(2) of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall not apply and the value of the land shall be calculated on the assumption that it was at that time and would remain unlawful to carry out any development in relation to the land other than exempted development.

(8) Where it is a condition of the grant of permission that an agreement be entered into in accordance with subsection (2) and, because of a dispute in respect of any matter relating to the terms of such an agreement, F519[parties are unable to reach an agreement], F513[the planning authority,] the applicant or any other person with an interest in the land to which the application relates may—

(a) if the dispute relates to a matter falling within subsection (5), refer the dispute under that subsection to the Board, or

(b) if the dispute relates to a matter falling within subsection (7), refer the dispute under that subsection to the property arbitrator,

and the Board or the property arbitrator, as may be appropriate, shall determine the matter as soon as practicable.

(9) (a) Where ownership of land F514[…] is transferred to a planning authority in accordance with subsection (3), the authority may—

(i) provide, or arrange for F519[the provision on the land of, housing of the type] referred to in section 94(4)(a),

(ii) make land F514[…] available to F519[persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021] for the development of houses by them for their own occupation, or

(iii) make land F514[…] available to a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the F519[provision on the land of housing of the type] referred to in section 94(4)(a).

(b) Pending the provision of houses or sites in accordance with paragraph (a)(i), or the making available of land or sites in accordance with paragraph (a)(ii) or (iii), the planning authority shall maintain the land or sites in a manner which does not detract, and is not likely to detract, to a material degree from the amenity, character or appearance of land or houses in the neighbourhood of the land or sites.

(10) (a) Where a house is transferred to a planning authority or its nominees under subsection (3)(b), it shall be used for the housing of F519[persons eligible under regulations under section 31 (3) of the Affordable Housing Act 2021 to be tenants of cost rental dwellings, persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021].

F519[(b) A nominee of a planning authority may be a person eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 , an eligible applicant within the meaning of Part 2 of the Affordable Housing Act 2021 or a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 for the provision of housing of the type referred to in section 94(4)(a).]

F512[(10A) A dwelling that is the subject of an agreement referred to in section 75 of the Land Development Agency Act 2021 shall not be reckoned in determining whether or not the condition imposed by this section has been complied with.]

(11) Notwithstanding any provision of this or any other enactment, if a planning authority becomes satisfied that land, a site or a house transferred to it under subsection (3) is no longer required for the purposes specified in subsection (9) or (10), it may use the land, site or house for another purpose connected with its functions or sell it for the best price reasonably obtainable and, in either case, it shall pay an amount equal to the market value of the land, site or house or the proceeds of the sale, as the case may be, into the separate account referred to in subsection (12).

F520[(12) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (3)(b)(vi), (vii) or (viii) shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2009 F521[…].]

(13) This section shall not apply to applications for permission for—

(a) development consisting of the provision of F522[cost rental housing or] houses by a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the provision of housing F523[required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support], where such houses are to be made available for letting or sale,

(b) the conversion of an existing building or the reconstruction of a building to create one or more dwellings, provided that 50 per cent or more of the existing external fabric of the building is retained,

(d) development of houses pursuant to an agreement under this section.

(14) A planning authority may, for the purposes of an agreement under this section, agree to sell, lease or exchange any land within its ownership to the applicant for permission, in accordance with section 211.

(15) In this section, “owner” means—

(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the land, and

(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the land.]

Annotations

Amendments:

F510
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 3, commenced on enactment.

F511
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(a), (b)(i), (iii), S.I. No. 450 of 2021.

F512
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(a)(i), (ii), S.I. No. 143 of 2022.

F513
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(a), (b)(iii), (g)(i) and (h), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).

F514
Deleted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(i), (iv), (g)(ii) and (i), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).

F515
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(ii), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).

F516
Inserted (9.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(b)(ii), (iv), (v), (vi), S.I. No. 450 fo 2021.

F517
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(v), (c), (d) and (f), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).

F518
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(e), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).

F519
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(c),(d)(i)-(iii), (e)(i), (ii), S.I. No. 450 of 2021.

F520
Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item no. 3(a), S.I. No. 350 of 2018 art. 3(b)(iii)(III).

F521
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(f), S.I. No. 450 of 2021.

F522
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(g), S.I. No. 450 of 2021.

F523
Substituted (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7, item no. 3(b), S.I. No. 83 of 2011.

F524
Inserted by Urban Regeneration and Housing Act 2015 (33/2015), s. 34(1)(a), (d) and (e), not commenced as of date of revision, subject to transitional provisions in subss. (2) and (3).

F525
Substituted by Urban Regeneration and Housing Act 2015 (33/2015), s. 34(1)(b) and (c), not commenced as of date of revision, subject to transitional provisions in subss. (2) and (3).

F526
Inserted by Planning and Development (Amendment) Act 2010 (30/2010), s. 38(a)(i) and (iii), (b), not commenced as of date of revision.

F527
Substituted by Planning and Development (Amendment) Act 2010 (30/2010), s. 38(a)(ii) and (c), not commenced as of date of revision.

Modifications (not altering text):

C108
Prospective affecting provisions: subss. (3)(b)(ivb) inserted and (3)(b)(viii), (3)(b), (3)(f) and (7)(a)(ia) amended by Urban Regeneration and Housing Act 2015 (33/2015), s. 34(1), not commenced as of date of revision, subject to transitional provisions in subss. (2) and (3).

(3) …

(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for—

(ii) F514[…]

(iii) F514[…]

F513[(iva) the grant to the planning authority of a lease under the Housing Acts 1966 to 2014 of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]

F524[(ivb) the entry into a rental accommodation availability agreement (which term shall, in this section, have the meaning given to it by section 2 of the Housing (Miscellaneous Provisions) Act 2009) with the planning authority, under Part 2 of that Act, in respect of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]

(v) F514[…]

(vi) F514[…]

F517[(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to F525[(ivb)],]

F517[but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate of the net monetary value of the property transferred, or the reduction in rent payable over the term of a lease referred to in paragraph (iva) F525[or of an agreement referred to in paragraph (ivb) (excluding any reduction for maintenance, management and void periods specified in such lease or such agreement)], by virtue of the agreement being equivalent to the net monetary value, that is to say, the open market value less the existing use value, of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).]

…

(i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);

F513[(ia) in the case of an agreement referred to in subsection (3)(b)(iva) F524[or (ivb)], the number of houses and the rent payable under such an agreement;]

C109
Prospective affecting provisions: subs. (3)(b)(viii) and (8) amended and subss. (3)(b)(via), (da) and (7)(a)(iia) inserted by Planning and Development (Amendment) Act 2010 (30/2010), s. 38, not commenced as of date of revision.

Provision of social and affordable housing, etc.

F510[96.— …

(3) …

(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for— …

(vi) a payment of such an amount as specified in the agreement to the planning authority,

F526[(via) one of the following—

(I) the entry into a rental accommodation availability agreement (which term shall, in this section, have the meaning given to it by section 2 of the Housing (Miscellaneous Provisions) Act 2009) with the planning authority, under Part 2 of that Act, in respect of, or

(II) a grant of a lease to the planning authority of,

houses on the land which is subject to the application for permission, or any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,]

(viii) a combination of the doing of 2 or more of the things referred to in F527[in subparagraphs (i) to (via)],

but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate monetary value of the property or amounts or both, as the case may be, transferred or paid by virtue of the agreement being equivalent to the monetary value of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).

…

F526[(da) Where a planning authority proposes to enter into a rental accommodation availability agreement or to take a lease in accordance with an agreement under paragraph (b), then, to the extent as may be appropriate the payment to be made, or the rent payable by the planning authority as the case may be shall be reduced (without prejudice to any other relevant discount or allowance) by such amount as may be agreed or in default of agreement as may be prescribed by the Minister as takes account of the obligations imposed by this section and in particular the attribution to the site cost of the houses of a value calculated in accordance with subsection (6).]

…

(i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);

(ii) the number and price of sites to be transferred under subsection (3)(b)(ii), (v), (vii) or (viii);

F526[(iia) the number of houses, and the amount to be paid, or rent payable, therefor under a rental accommodation availability agreement or a lease under subsection (3)(b)(via)]

(iii) the compensation payable under subsection (6) by a planning authority to the owner of land;

(iv) the payment of an amount to the planning authority under subsection (3)(b)(vi), (vii) or (viii); and

(v) the allowance to be made under section 99(3)(d)(i).

(8) Where it is a condition of the grant of permission that an agreement be entered into in accordance with subsection (2) and, because of a dispute in respect of any matter relating to the terms of such an agreement, the agreement is not entered into before the expiration of 8 weeks from the date of the grant of permission, F527[the planning authority, applicant or any other person] with an interest in the land to which the application relates may—

(a) if the dispute relates to a matter falling within subsection (5), refer the dispute under that subsection to the Board, or

(b) if the dispute relates to a matter falling within subsection (7), refer the dispute under that subsection to the property arbitrator,

and the Board or the property arbitrator, as may be appropriate, shall determine the matter as soon as practicable.

(9) …]

C110
Section construed during specified period (3.07.2017 to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 15, S.I. No. 270 of 2017 and S.I. No. 598 of 2019.

Definitions (Chapter 1)

3. In this Chapter— …

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4(2);

…

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

15. Section 96 of the Act of 2000 has effect during the specified period—

(a) as if in subsection (1) there were substituted “section 34, or section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” for “section 34”, and

(b) as if in subsection (4) there were substituted “the planning authority or the Board, as the case may be,” for “the planning authority” in both places where it occurs.

Editorial Notes:

E242
Previous affecting provision: subs. (8)(a)(i), (ii) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(i), (iv), (g)(ii) and (i), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3); substituted as per F-note above.

E243
Sale of house transferred to housing authority in accordance with agreement under section restricted (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 4(e), in effect as per reg. 2.

1O.J. No. L 199/54, 9.7.1993

F528[

Restoration of normal limit of duration for certain permissions.

96A.—Sections 40 to 42 shall apply to permissions granted under Part IV of the Act of 1963 or under Part III of this Act pursuant to an application made after 25 August 1999 and to which this Part would have applied if the application for permission had been made after the inclusion of a housing strategy in the development plan under section 94(1).]

Annotations

Amendments:

F528
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 4, commenced on enactment.

F529[Levy to be paid in consideration of restoration effected by section 96A.

96B.—(1) In this section—

“house” means—

(a) a building or part of a building which has been built for use as a dwelling, and

(b) in the case of a block of apartments or other building or part of a building comprising 2 or more dwellings, each of those dwellings;

“market value”, in relation to a house, means the price which the house might reasonably be expected to fetch on a sale in the open market;

“relevant house” means a house, permission for which would have ceased to have effect or expired but for section 4 of the Planning and Development (Amendment) Act, 2002.

(2) There shall be deemed to be attached to a permission referred to in section 96A a condition providing that there shall, in accordance with subsections (3) to (5), be paid to the planning authority an amount in respect of—

(a) unless paragraph (b) applies as respects the particular house, the first disposal of each relevant house built on foot of that permission,

(b) if, as respects a particular relevant house—

(i) it is built on foot of that permission by a person for his or her own occupation, or

(ii) it is built on foot of that permission for a person (‘the first-mentioned person’) by another for the first-mentioned person’s occupation and that other person is not the person from whom the first-mentioned person acquires his or her interest in the land on which the house is built,

the completion of the building of that relevant house on foot of that permission.

(3) In subsection (2) ‘first disposal’, in relation to a relevant house, means whichever of the following first occurs after the house is built—

(a) the sale, at arm’s length, of the house (whether the agreement for that sale is entered into before or after the building of the house is completed),

(b) the granting of a tenancy or lease in respect of the house for the purpose of the grantee of the tenancy or lease occupying the house, or

(c) the sale, otherwise than at arm’s length, of the house (whether the agreement for that sale is entered into before or after the building of the house is completed) or the transfer of the beneficial interest in the house.

(4) The amount of the payment referred to in subsection (2) shall be—

(a) where the disposal of the house concerned falls within subsection (3)(a)—

(i) if the consideration paid to the vendor by the purchaser equals or exceeds €270,000, an amount equal to 1 per cent of the consideration so paid,

(ii) if the consideration paid to the vendor by the purchaser is less than €270,000, an amount equal to 0.5 per cent of the consideration so paid,

(b) where either—

(i) the disposal of the house concerned falls within subsection (3)(b) or (c), or

(ii) subsection (2)(b) applies as respects the house concerned,

an amount equal to—

(I) if the market value of the house at the time of the disposal or upon the completion of its building, equals or exceeds €270,000, 1 per cent of the market value of the house at the time of that disposal or upon that completion,

(II) if the market value of the house at the time of the disposal or upon such completion is less than €270,000, 0.5 per cent of the market value of the house at the time of that disposal or upon such completion.

(5) The payment referred to in subsection (2) shall be made at such time as the planning authority specifies (and the time that is so specified may be before the date on which the disposal concerned of the relevant house is effected).

(6) Any amount paid to a planning authority in accordance with this section shall be accounted for in a separate account and shall only be applied as capital for its functions under this Part or by a housing authority for its functions in relation to the provision of housing under the Housing Acts, 1966 to 2002.

(7) (a) The planning authority shall issue, in respect of the payment to it of an amount (being the amount required to be paid under this section in a particular case), a receipt, in the prescribed form, to the payer stating that the liability for payment of that amount in the case concerned has been discharged.

(b) A document purporting to be a receipt issued under this subsection by the planning authority shall be prima facie evidence that the liability for the payment of the amount to which it relates has been discharged.

(8) Any of the following—

(a) a provision of a contract of sale of a house,

(b) a provision of a contract for the building for a person of a house for his or her occupation,

(d) a covenant or other provision of a lease or tenancy agreement in respect of a house,

(e) a provision of any other agreement (whether oral or in writing),

which purports to require the purchaser, the person referred to in paragraph (b), the grantee of the interest or the grantee of the lease or tenancy, as the case may be, to pay the amount referred to in subsection (2) or to indemnify another in respect of that other’s paying or liability to pay that amount shall be void.

(9) Any amount paid by the purchaser, person referred to in subsection (8)(b) or grantee of an interest or a lease or tenancy, pursuant to a provision or covenant referred to in subsection (8), may be recovered by him or her from the person to whom it is paid as a simple contract debt in any court of competent jurisdiction.

(10) This section shall not apply to permissions for development consisting of the provision of 4 or less houses, or for housing on land of 0.1 hectares or less.

(11) For the avoidance of doubt, in this section “sale”, in relation to a house, includes any transaction or series of transactions whereby the vesting by the builder in another person of the interest in the land on which the house is built by the builder is effected separately from the conclusion of the arrangements under which the house is built for that other person by the builder.]

Annotations

Amendments:

F529
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 4, commenced on enactment.

Editorial Notes:

E244
Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).

Development to which section 96 shall not apply.

97.—(1) In this section—

“applicant” includes a person on whose behalf a person applies for a certificate;

“the court” other than in subsections (19) and (21), means the Circuit Court for the circuit in which all or part of the development, to which the application under subsection (3) relates, is situated.

(2) For the purposes of this section—

(a) 2 or more persons shall be deemed to be acting in concert if, pursuant to an agreement, arrangement or understanding, one of them makes an application under subsection (3) or causes such an application to be made, and

(b) land in the immediate vicinity of other land shall be deemed in any particular case not to include land that is more than 400 metres from the land second-mentioned in this subsection.

(3) A person may, before applying for permission in respect of a development—

(a) consisting of the provision of F531[4 or fewer] houses, or

(b) for housing on land of F532[0.1 hectares] or less,

apply to the planning authority concerned for a certificate stating that section 96 shall not apply to a grant of permission in respect of the development concerned (in this section referred to as a “certificate”), and accordingly, where the planning authority grants a certificate, section 96 shall not apply to a grant of permission in respect of the development concerned.

(4) Subject to—

(a) subsections (6) and (12), and

(b) compliance by the applicant for a certificate with subsection (8),

a planning authority to which an application has been made under and in accordance with this section may grant a certificate to the applicant.

(5) An application for a certificate shall be accompanied by a statutory declaration made by the applicant—

(a) giving, in respect of the period of 5 years preceding the application, such particulars of the legal and beneficial ownership of the land, on which it is proposed to carry out the development to which the application relates, as are within the applicant’s knowledge or procurement,

(b) identifying any persons with whom the applicant is acting in concert,

(i) any interest that the applicant has, or had at any time during the said period, in any land in the immediate vicinity of the land on which it is proposed to carry out such development, and

(ii) any interest that any person with whom the applicant is acting in concert has, or had at any time during the said period, in any land in the said immediate vicinity, of which the applicant has knowledge,

(d) stating that the applicant is not aware of any facts or circumstances that would constitute grounds under subsection (12) for the refusal by the planning authority to grant a certificate,

(e) giving such other information as may be prescribed.

(6) (a) A planning authority may require an applicant for a certificate to provide it with such further information or documentation as is reasonably necessary to enable it to perform its functions under this section.

(b) Where an applicant refuses to comply with a requirement under paragraph (a), or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply, the planning authority concerned shall refuse to grant the applicant a certificate.

(7) A planning authority may, for the purpose of performing its functions under this section, make such further inquiries as it considers appropriate.

(8) It shall be the duty of the applicant for a certificate, at all times, to provide the planning authority concerned with such information as it may reasonably require to enable it to perform its functions under this section.

(9) The Minister may make regulations in relation to the making of an application under this section.

(10) Where a planning authority fails within the period of 4 weeks from—

(a) the making of an application to it under this section, or

(b) (in the case of a requirement under subsection (6)) the date of receipt by it of any information or documentation to which the requirement relates,

to grant, or refuse to grant a certificate, the planning authority shall on the expiry of that period be deemed to have granted a certificate to the applicant concerned.

(11) Particulars of a certificate granted under this section shall be entered on the register.

(12) A planning authority shall not grant a certificate in relation to a development if the applicant for such certificate, or any person with whom the applicant is acting in concert—

(a) has been granted, not earlier than 5 years before the date of the application, a certificate in respect of a development F533[on the land on which it is proposed to carry out the first-mentioned development or land in its immediate vicinity], and the certificate at the time of the application remains in force, or

(b) has carried out, or has been granted permission to carry out, a development referred to in subsection (3), not earlier than—

(i) 5 years before the date of the application, and

(ii) one year after the coming into operation of this section,

in respect of the land on which it is proposed to carry out the first-mentioned development, or land in its immediate vicinity, unless—

(I) the aggregate of any development to which paragraph (a) or (b) relates and the first-mentioned development would not, if carried out, exceed 4 houses, or

(II) (in circumstances where the said aggregate would exceed 4 houses) the aggregate of the land on which any development to which paragraph (a) or (b) relates, and the land on which it is proposed to carry out the first-mentioned development, does not exceed F534[0.1 hectares].

(13) Where a planning authority refuses to grant a certificate, it shall by notice in writing inform the applicant of the reasons for its so refusing.

(14) (a) Where a planning authority to which an application has been made under subsection (3) refuses to grant a certificate to the applicant, he or she may, not later than 3 weeks from the date on which the applicant receives notification of the refusal by the planning authority to grant the certificate, or such later date as may be permitted by the court, appeal to the court for an order directing the planning authority to grant to the applicant a certificate in respect of the development.

(b) The court may at the hearing of an appeal under paragraph (a)—

(i) dismiss the appeal and affirm the refusal of the planning authority to grant the certificate, or

(ii) allow the appeal and direct the planning authority to grant the applicant a certificate in respect of the development concerned.

(15) A planning authority shall comply with a direction of the court under this section.

(16) (a) Subject to paragraph (b), a planning authority shall revoke a certificate, upon application in that behalf being made to it by the owner of land to which the certificate related, or by any other person acting with the permission of such owner.

(b) A planning authority shall not revoke a certificate under this subsection where permission has been granted in respect of the development to which the certificate relates.

(17) A person who, knowingly or recklessly—

(a) makes a statutory declaration under subsection (5), or

(b) in purported compliance with a requirement under subsection (6), provides a planning authority with information or documentation,

that is false or misleading in a material respect, or who believes any such statutory declaration made, or information or documentation provided in purported compliance with such requirement, by him or her not to be true, shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding £500,000 or to imprisonment for a term not exceeding 5 years, or to both.

(18) A person who—

(a) forges, or utters, knowing it to be forged, a certificate purporting to have been granted under this section (hereafter in this subsection referred to as a “forged certificate”),

(b) alters with intent to deceive or defraud, or utters, knowing it to be so altered, a certificate (hereafter in this subsection referred to as an “altered certificate”), or

(c) without lawful authority or other reasonable excuse, has in his or her possession a forged certificate or an altered certificate,

shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding £500,000 or imprisonment for a term not exceeding 5 years, or to both.

(19) Where a person is convicted on indictment of an offence under subsection (17) or (18), the court may in addition to any fine or term of imprisonment imposed by the court under that subsection order the payment into court by the person of an amount that in the opinion of the court is equal to the amount of any gain accruing to that person by reason of the grant of a certificate on foot of the statutory declaration, information or documentation, as the case may be, to which the offence relates, and such sum shall, when paid in accordance with such order, stand forfeited.

(20) All sums that stand forfeited under subsection (19) shall be paid to the planning authority that granted the certificate concerned and shall be accounted for in the account referred to in section 96(13) and be applied only for the purposes specified in that section.

(21) Where a person is convicted of an offence under subsection (17), the court may revoke a certificate granted on foot of a statutory declaration, information or documentation to which the offence relates, upon application being made to it in that behalf by the planning authority that granted the certificate.

(22) A person shall not, solely by reason of having been granted a certificate, be entitled to a grant of permission in respect of the development to which the certificate relates.

Annotations

Amendments:

F530
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 36, S.I. No. 364 of 2015.

F531
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 47(a), S.I. No. 450 of 2021.

F532
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 5, commenced on enactment.

F533
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 47(b), S.I. No. 450 of 2021.

F534
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 5, commenced on enactment.

Editorial Notes:

E245
Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).

E246
Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).

E247
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.3007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E248
Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).

E249
Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).

E250
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E251
Previous affecting provision: subs. (3)(a) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 36, S.I. No. 364 of 2015; substituted as per F-note above.

Allocation of affordable housing.

98.—F535[…]

Annotations

Amendments:

F535
Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to transitional provision in s. 96(6).

Modifications (not altering text):

C111
Scheme under section preserved for period (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 85(7), S.I. No. 206 of 2018.

Scheme of priority for affordable dwelling purchase arrangements.

85.— …

(7) Notwithstanding the repeal by this Act of section 98 of the Planning and Development Act 2000 and section 8 of the Act of 2002, a scheme established under the said section 98 or the said section 8, as the case may be, and in force immediately before the coming into operation of this Part continues to have effect after such coming into operation and is deemed to have been made under this section until a scheme of priority made under this section comes into force.

…

Editorial Notes:

E252
Previous affecting provision: making and amending of a scheme which determines the order of priority for allocation of affordable houses is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 52 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014; section repealed as per F-note above.

Controls on resale of certain houses.

99.—F536[…]

Annotations

Amendments:

F536
Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to transitional provision in s. 96(6).

Editorial Notes:

E253
Previous affecting provision: subs. (3A) inserted (21.12.2004) by Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2, commenced on enactment; section repealed as per F-note above.

E254
Previous affecting provision: subs. (3A)(c) amended (1.12.2009) by Land And Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009; section repealed as per F-note above.

Regulations under this Part.

100.—F537[…]

Annotations

Amendments:

F537
Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to transitional provision in s. 96(6).

Editorial Notes:

E255
Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).

E256
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E257
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

Housing and planning authority functions.

101.—(1) Where a planning authority performing any function under this Part is not the housing authority for the area of the function, the planning authority shall consult with the housing authority for the area with respect to the performance of that function.

(2) In this section, a reference to a “housing authority” means a housing authority as defined pursuant to section 23(2) of the Housing (Miscellaneous Provisions) Act, 1992.

Housing Conditions

Planning and Development Act PART V

Interpretation.

Housing strategies.

Housing strategies and development plans.

Provision of social and affordable housing, etc.

Restoration of normal limit of duration for certain permissions.

Housing and planning authority functions.

Related Posts

Special Housing 2015

Special Housing 2017

100+ Housing 2021