LEGISLATION
Execution of Deeds
During COVID-19 lockdowns there was a temporary measure to facilitate the execution of instruments under seal on separate counterparts. It is now planned to reinstate this measure. Read more on this and other amendments to the Companies Act 2014 in our briefing here: Draft Legislation to Amend the Companies Act 2014 Published
Due Diligence Obligations
The Corporate Sustainability Due Diligence Directive means that in-scope companies will be subject to due diligence obligations related to adverse environmental and human rights impacts with respect to companies' own operations, those of their subsidiaries and of their chains of activities. Member States must transpose the Directive by 26 July 2026. Read more in our briefing here: New Due Diligence Obligations for Corporates Enter into Force
Construction Products Regulation
The European Commission initiated an infringement procedure against Ireland for not carrying out market surveillance as required by the Construction Products Regulation, which requires authorities to monitor the manufacturing and placing on the market of construction products before they are used. The Commission considers that Irish authorities limited their monitoring activities to finished buildings or finalised civil engineering projects, endangering the free circulation of safe construction products in the EU. Ireland has two months to respond to address the shortcomings identified by the Commission.
Energy Efficiency First
In addition to the guidance we mentioned last month, further guidance has been published on implementation of the Recast Energy Efficiency Directive. It includes Commission Recommendation (EU) 2024/2143 on the interpretation of Article 3. Article 3 requires Member States to ensure the assessment of energy efficiency solutions in planning, policy and major investment decisions in both energy and non-energy sectors. The guidance notes that: "The practical application of the EE1st principle depends on the decision-making context and the actors involved. Even though the implementation of the principle embodied in Directive (EU) 2023/1791 is vested in the Member States, the relevant decisions on planning, policy and investment are taken by a large number of actors".
Building Regulations
Building Control (Amendment) Regulations 2024 have been made to re-instate the obligation to submit a commencement notice and follow building control processes for the construction of a dwelling house, regardless of planning exempted development status.
STANDARD FORM CONTRACTS
JCT
JCT published a list of documents in its Standard Building Contract 2024 suite to be published on 21 August 2024.
SUSTAINABILITY
RIAI
The RIAI published a report on Supporting the Circular Economy Transition in the Irish Construction Sector. It sets out a roadmap of short, medium, and long-term actions, as well as several case studies.
MMC
Skills needed in Ireland to adopt Modern Methods of Construction are examined in a report by the Expert Group on Future Skills Needs.
Investment Guidelines
The European Commission adopted New European Bauhaus (NEB) Investment Guidelines, intended to illustrate how public and private investment can integrate the values of sustainability, inclusion and aesthetics to transform Europe's built environment.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.