Decarbonisation of Buildings
Energy Performance of Buildings Directive Adopted by
The Recast Energy Performance of Buildings Directive has been adopted by the Council and will be published in the
The Directive is the culmination of years of work by the EU to provide a legal framework for the reduction of greenhouse gas emissions from buildings and improving their energy performance to achieve a zero-emission building stock by 2050. The Directive will have significant implications for developers, investors, landlords and tenants, who now have a clearer line of sight of the obligations to be transposed into Irish law, and who will need to factor these obligations into investment strategies and leases.
Our Q&A briefing on the Directive sets out the background and key obligations as well as answering questions in relation to the technical requirements of the Directive.
The
The Green Lease Toolkit contains legal clauses in nearly 20 key areas, covering topics such as building management, circular economy, waste and renewable energy. It offers suggested drafting variations categorised as "light", "medium" or "dark", accommodating users at various stages of their green leasing journey.
The BBP has also launched an enhanced Acquisitions Sustainability Toolkit, designed to support commercial property owners in assessing the sustainability characteristics of buildings during the acquisition phase. The refreshed toolkit provides a detailed sustainability checklist for assessing buildings during due diligence, covering topics including net zero carbon, climate resilience, environmental regulation, and biodiversity.
Whilst the BBP materials have been prepared for the
The Irish green lease clauses drafted by the
Commercial Rates
Commercial Rates Guidance Delayed
Government guidance on the new commercial rates regime, which has been in place since
*Vacancy rates refunds vary from one rating authority to another. For example, in 2024, vacant properties in
Our summary of the new commercial rates rules is here.
PRS, Student Accommodation and Housing
Legislation Confining Student-Specific Accommodation Leases to the Academic Year
The Government recently announced its intention to legislate against requiring students to sign up to tenancies/licences for longer than the academic term.
The draft Bill has not yet been published but there is clear Government support to progress legislative changes to ensure student-specific accommodation leases are confined to the academic year.
The Government's Q1 2024 Housing for All Update notes that "work is also ongoing on legislative changes to ensure student-specific accommodation leases are confined to the academic year".
Real Estate Finance
The
A recent Supreme Court judgment contains bad news for local authorities and good news for banks.
The
Our briefing explains why using the conveyancing process to assist in tax collection does not advance the cause of making the conveyancing process more efficient or transparent.
Planning and Development Bill
The Planning and Development Bill has completed Committee Stage in the Oireachtas. It will now move to Report Stage where amendments arising out of Committee Stage are considered.
The Bill aims to enhance clarity, improve consistency, and increase confidence in the Irish planning system. Some core changes include:
- the introduction of statutory timelines for decision-making;
- new long-term strategic development plans which will last for 10 years;
- reform of planning judicial review, including the removal of the leave application process, the introduction of statutory judicial review timelines and a revised legal costs system, which includes a legal costs scheme;
- empowering the courts to order decision makers to correct errors in permissions instead of quashing them; and
- new provisions for Urban Development Zones to facilitate strategic development and regeneration initiatives in designated areas.
Amended
Two new sets of
S.I. No. 108/2024 - Building Regulations (Part B Amendment) Regulations 2024: These regulations amend the
S.I. No. 122/2024 - Safety, Health and Welfare at Work (Carcinogens, Mutagens and Reprotoxic Substances) Regulations 2024: These regulations have been made to give effect to Directive (EU) 2022/431 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. They apply where carcinogens, mutagens or reprotoxic substances are present or may be present at the workplace.
Government Summer 2024 Legislation Programme
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
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
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
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
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.
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
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
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.
Cases Round Up
Enforcement of Restrictive Covenant in Retail Lease - the 'Price' of Doing Business
Retail landlord and tenants, particularly those occupying shopping centres and retail parks, will be interested in the outcome of
The case is good news for landlords and anchor tenants as it illustrates that exclusivities and restrictive covenants in leases will be enforced by the courts. For tenants, the case emphasises the importance of careful drafting of restrictive covenants and defined terms in retail leases given the significant implications for tenants on what they can and cannot sell where another tenant (usually an anchor tenant) benefits from an exclusivity in relation to the sale of certain products which is implemented by way of restrictive covenant in the other tenants' leases. Our briefing on the case is here.
Court orders specific performance of Agreement for Lease
In
The Court of Appeal, in proceedings whereby the
Landlord can reasonably withhold consent to assignment on the ground of good estate management
In
The court held that the withholding of consent was not informed by an ulterior motive and was consistent with good estate management. The proposed use as a community centre was deemed unsuitable for the shopping centre. The court accepted the expert evidence provided by the landlord and the tenant failed to provide contrary evidence.
No Lease Frustration by Covid-19
In
Wind Turbine Noise Amounts to Nuisance
In line with the law of nuisance, the court found that having a planning permission does not immunise developers from a claim of nuisance although it accepted that compliance with noise levels in a planning permission can be a factor in determining if there is a nuisance or not.
The plaintiffs' complaints were found to be objectively justified and the court found they are entitled to damages (the amount of which will be determined at a later date).
Footnotes
1. [2024] IESC 14.
2. [2024] IECA 37.
3. [2024] IECA 6.
4. [2024] IEHC 61.
5. [2024] IECA 65.
Read the full update here.
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.
Mr
Ten
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