Real Estate-Related Legislation
The Government has published the Summer 2024 Legislation Programme which includes two property-related Bills for priority publication in this session. We will provide further updates as each Bill progresses through the legislative process.
Real estate-related legislation for priority publication
Land Value Sharing Bill: This legislation will permit the State to secure a proportion of the uplift in land values resulting from zoning and designation to facilitate provision of infrastructure. The pre-legislative scrutiny (PLS) report was published in September 2023. The Government's latest Housing for All update notes the delay in the publication of the Bill from Q1 2024 to Q2.
Residential Tenancies (Right to Purchase) Bill: This legislation will give tenants in rental properties a first right of refusal to purchase a property when it is put forward for sale. The Government's latest Housing for All update notes the delay in the publication of the Bill from Q1 2024 to Q2, stating that the Government is considering the current draft Bill and the pre-legislative screening report published in December 2023 which made several recommendations in relation to the proposed legislation.
Real estate-related legislation for priority drafting
Registration of Short-Term Tourism Letting Bill: This will provide for new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland with a view to ensuring that houses are used to best effect in areas of housing need. Heads of Bill were approved in December 2022 and work on the Bill is ongoing. The Government has previously stated that it is aiming to have the register in place by Q2 2024. The latest Q1 2024 'Housing for All' Update states that the Government will "soon publish legislation on Short Term Lets following approval of Ireland's approach by the European Commission".
Housing (Miscellaneous Provision) Bill: This includes Miscellaneous amendments and additions to the Housing Acts in respect of social housing, regulation of Approved Housing Bodies and amendments to the Building Control Acts. Heads of Bill were approved in January 2024.
Remediation of Defects in Apartments and Duplexes Bill: This will establish a remediation scheme for apartments and duplexes with fire safety, structural safety, and water ingress defects, constructed between 1991 and 2013. Heads are currently in preparation.
Heat Bill: This will establish a regulatory model for district heating that ensures consumer protection and the delivery of a vibrant district heating industry. It will mandate all public sector buildings and facilities to connect to district heating where it is available and technically, and economically feasible. Heads are currently in preparation.
Other real estate-related legislation in the programme
Fire Services Bill: This will consolidate and update the Fire Services Act. Work on the Bill is ongoing.
Industrial Development (Miscellaneous Provisions) Bill: This will equip IDA Ireland with the legislative powers required to establish a body corporate with a third party for the specific purpose of developing or procuring new industrial or commercial buildings or infrastructure. The Bill also deals with grants to IDA companies. Revised heads are currently in preparation.
The partnership, co-operative and insolvency legislation listed below is also included in the programme.
Miscellaneous Provisions (Transparency and Limited Partnerships and Businesses Names) Bill 2023: This will reform the Limited Partnership Act 1907 and the Registration of Business Names Act 1963, strengthening Ireland's regulatory framework and responding to concerns raised in relation to the transparency of Limited Partnerships. Heads are currently in preparation.
Co-operative Societies Bill: This will place the co-operative model on a more favourable and clearer legal basis, thereby creating a level playing field with companies and encouraging the consideration of the co-operative model as an attractive formation option for entrepreneurs. PLS was completed in May 2023.
Personal Insolvency (Amendment) (No.2) Bill: This will update aspects of personal insolvency legislation, following a statutory review of the Personal Insolvency Acts. Work on the Bill is underway.
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.