IE-2015-act-33 — Urban Regeneration and Housing Act 2015 | Law Reform

PART 1 Preliminary and General 1. (1) This Act may be cited as the Urban Regeneration and Housing Act 2015. (2) The Planning and Development Acts 2000 to 2014 and this Act may be cited together as the Planning and Development Acts 2000 to 2015 and shall be construed together as one. (3) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. 2. In this Act— “Act of 2000” means Planning and Development Act 2000 ; “Act of 2010” means Planning and Development (Amendment) Act 2010 ; F1 [ “ Act of 2024 ” means the Planning and Development Act 2024 ; ] “Minister” means Minister for the Environment, Community and Local Government. PART 2 Vacant Site Levy 3. In this Part— F2 [ “ Board ” means An Coimisiún Pleanála; ] F3 [ "core strategy" means a core strategy in— (a) a development plan— (i) continued in force by virtue of section 68 of the Act of 2024, or (ii) prepared, or varied, in accordance with section 69 of that Act, or (b) an integrated overall strategy under section 43 of that Act; ] “housing” includes social and affordable housing; F4 [ "housing strategy" has the same meaning as it has in section 2 of the Act of 2024; ] F4 [ "local area plan" means a plan continued in force by section 81 of the Act of 2024; ] “market value”, in relation to a site, shall, other than in section 21 , be construed in accordance with section 12 ; “owner” means— (a) in relation to land that is registered land within the meaning of the Registration of Title Act 1964 , the registered owner, and (b) in relation to all other land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let; F5 [ … ] “register” has the meaning given to it by section 6 ; F6 [ “ regeneration land ” means land identified, after the coming into operation of section 28 , by a planning authority— (a) in a development plan or local area plan made under the Act of 2000, in accordance with section 10(2)(h) of that Act, with the objective of development and renewal of areas in need of regeneration, and includes any structures on such land, or (b) in its development plan, priority area plan, coordinated area plan or urban area plan made under the Act of 2024, with the objective of development and renewal of areas in need of regeneration, and includes any structures on such land; ] F6 [ “ residential land ” means land that is included by a planning authority— (a) in a development plan or local area plan under the Act of 2000 in accordance with section 10(2)(a) of that Act, or (b) in a development plan, priority area plan, coordinated area plan or urban area plan made under the Act of 2024,with the objective of zoning for use solely or primarily for residential purposes, and includes any structures on such land; ] “Tribunal” means Valuation Tribunal; “vacant site” has the meaning given to it by section 5 ; “vacant site levy” has the meaning given to it by section 15 . 4. F8 [ … ] 5. F9 [ … ] 6. F10 [ … ] 7. F11 [ … ] 8. F12 [ … ] 9. F13 [ … ] 10. F14 [ … ] . 11. F15 [ … ] 12. F16 [ … ] 13. F17 [ … ] 14. F18 [ … ] 15. F19 [ … ] 16. F20 [ … ] 17. F21 [ … ] 18. F22 [ … ] 19. Where vacant site levy for a year is due and owing, the amount of vacant site levy shall on the day on which it becomes so due and payable, become and shall remain until payment thereof, a charge on the land concerned. 20. A person who for the purposes of this Part makes any submission, or provides any evidence or information, which he or she knows, or ought reasonably know, to be false or misleading in a material aspect commits an offence and is liable on summary conviction to a class A fine or to a term of imprisonment not exceeding one month or to both. 21. (1) Where a person pays a vacant site levy or an instalment of a vacant site levy to a planning authority, the planning authority shall give the person a receipt in writing in respect of the payment. (2) Where a planning authority receives payment in full of a vacant site levy, it shall, on application to it in writing by or on behalf of the owner of the site concerned, within 14 days of the application, give the owner a certificate (in this section referred to as a “certificate of discharge”) confirming that vacant site levy in respect of the year concerned has been paid. (3) The vendor of a vacant site entered on the register shall, before the completion of the sale of the site, pay to the relevant planning authority any vacant site levy due and owing to the relevant planning authority in respect of that site. (4) On or before the completion of the sale of a vacant site standing entered on the register, the vendor of the site shall, in respect of that site, give to the purchaser a certificate of discharge for each year in respect of which the site was a vacant site. (5) As against a bona fide purchaser or mortgagee of a site for full consideration in money or money’s worth without notice, or a person deriving title from or under such a purchaser or mortgagee, a certificate of discharge shall discharge the property concerned from liability for any vacant site levy due by the owner of that property for each year in respect of which the site was a vacant site. (6) A planning authority— (a) shall not charge a fee in respect of the issue by it of a receipt or a certificate of discharge, and (b) may charge a fee in respect of the issue by it of a duplicate of such receipt or certificate not exceeding the reasonable cost of issuing the duplicate. (7) In this section— “purchaser” includes, in relation to a residential property, a transferee under a transfer referred to in the definition of “sale” in this subsection; “residential property” means any building or structure which is in use as, or is suitable for use as, a dwelling and includes any shed, outhouse, garage or other building or structure and any yard, garden or other land, appurtenant to or usually enjoyed with that building, save that so much of any such yard, garden or other land that exceeds one acre shall not be taken into account for the purposes of this definition; “sale” includes, in relation to a residential property, the transfer of the residential property by the owner to another person— (a) in consequence of— (i) the exercise of a power under any enactment to compulsorily acquire land, or (ii) the giving of notice of intention to exercise such power, or (b) for no consideration or consideration that is significantly less than the estimated market value of the residential property concerned at the time of its transfer; “vendor” includes, in relation to a residential property— (a) a person who transfers the property to another person— (i) in consequence of— (I) the exercise of a power under any enactment to compulsorily acquire land, or (II) the giving of notice of intention to exercise such power, or (ii) for no consideration or consideration that is significantly less than the estimated market value of the residential property concerned at the time of its transfer, and (b) an agent of the owner of the residential property who— (i) receives the proceeds of the sale of the property or part thereof on behalf of the owner, or (ii) provides legal advice to the owner in connection with a transfer referred to in subparagraph (ii) of paragraph (a) of the property by the owner. 22. (1) A person who forges or utters knowing it to be forged a certificate or other document purporting to be issued under this Part (in this section referred to as “a forged document”) commits an offence. (2) A person who alters with intent to defraud or deceive, or utters knowing it to be so altered, a certificate or other document issued under this Part (in this section referred to as “an altered document”) commits an offence. (3) A person who has, without lawful authority, in his or her possession a forged document or an altered document commits an offence. (4) A person who aids or abets the commission of an offence under this section commits an offence. (5) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term of not exceeding one month or to both. 23. (1) Any money received by a planning authority pursuant to section 15 shall be spent by it— (a) where the vacant site comprises residential land, on the provision of housing on residential land in the vicinity of the site, and (b) where the vacant site comprises regeneration land, on the development and renewal of regeneration land in the vicinity of the site. (2) Money referred to in subsection (1) may, in particular, be used— (a) for the payment of any costs, up to a total of 10 per cent of the total money received by the authority pursuant to section 15 , incurred by the planning authority in giving effect to this Part, and (b) where the vacant site comprises regeneration land, for— (i) the preservation and protection of structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, (ii) the provision, or facilitation of the provision, of services and facilities for the local community, including education, training, childcare, recreational, leisure, artistic and cultural facilities and the renovation and extension of existing services and facilities, (iii) the preservation, improvement and extension of amenities and recreational amenities in or on the land, (iv) civic improvements, and (v) projects, services and works for the benefit of streets in urban areas, including the improvement of streets or footpaths in local shopping streets and business areas and the removal of graffiti. 24. F23 [ … ] 25. F24 [ … ] 26. An offence under section 20 or 22 may be prosecuted summarily by the local authority in whose functional area the offence is committed. PART 3 Amendment of section 23 of Derelict Sites Act 1990 27. Section 23 of the Derelict Sites Act 1990 is amended— (a) in subsection (1), by substituting “Subject to subsection (1A), there shall be charged” for “There shall be charged”, and (b) by inserting after subsection (1) the following: “(1A) The derelict sites levy shall not be payable in respect of any land in respect of which vacant site levy is payable in accordance with the Urban Regeneration and Housing Act 2015.”. PART 4 Amendment of Parts II and III of Act of 2000 28. Section 10(2) (as amended by section 7(b) of the Act of 2010) of the Act of 2000 is amended by substituting for paragraph (h) the following: “(h) the development and renewal of areas, identified having regard to the core strategy, that are in need of regeneration, in order to prevent— (i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land, (ii) urban blight and decay, (iii) anti-social behaviour, or (iv) a shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses;”. 29. Section 48 (as amended by section 30 of the Act of 2010) of the Act of 2000 is amended by inserting after subsection (3) the following: “(3A) Where a permission which includes conditions referred to in subsection (1) has been granted under section 34 in respect of a development and the basis for the determination of the contribution under subsection (1) has changed— (a) where the development is one to which Part II of the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ) applies and a commencement notice within the meaning of that Part in respect of the development has not been lodged, or (b) where the development comprises houses and one or more of those houses has not been sold, the planning authority shall apply that change to the conditions of the permission where to do so would reduce the amount of the contribution payable. (3B) Where a development referred to in subsection (3A) comprises houses one or more of which has not been sold the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of the unsold houses. (3C) Where the planning authority applies a change in the basis for the determination of a development contribution under subsection (3A) it may amend a condition referred to in subsection (1) in order to reflect the change.”. 30. Section 49 of the Act of 2000 is amended by inserting the following after subsection (3A): “(3AA) Subsections (3A), (3B) and (3C) of section 48 shall apply where the basis for the determination of a contribution under subsection (1) has changed subject to— (a) the modification that references in those subsections to a contribution shall be construed as references to a contribution to a supplementary development contribution scheme, (b) any other necessary modifications, and (c) the provisions of this section.”. PART 5 Amendment of Part V of Act of 2000 31. Section 94 of the Act of 2000 is amended— (a) by substituting for subsection (2) the following: “(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.”, and (b) in paragraphs (c) and (d) of subsection (4), by substituting “10 per cent” for “20 per cent” in each place. 32. Section 95(1)(a) of the Act of 2000 is amended by inserting “, 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,” after “a planning authority shall”. 33. (1) Section 96 (inserted by section 3 of the Planning and Development (Amendment) Act 2002 ) of the Act of 2000 is amended— (a) in subsection (2), by inserting “prior to the lodgement of a commencement notice within the meaning of Part II of the Building Control Regulations 1997,” after “to which the application relates,”, (b) in subsection (3)(b) — (i) by deleting subparagraphs (ii) and (iii), (ii) by substituting for subparagraph (iv) the following: “(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,”, (iii) by inserting after subparagraph (iv) the following: “(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,”, (iv) by deleting subparagraphs (v) and (vi), (v) by substituting for subparagraph (viii) the following: “(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to (iva),”, and (vi) by substituting for all the words from “but, subject, in every case” to the end of the paragraph, the following: “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) (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).”, (c) by substituting for subsection (3)(d) the following: “(d) Where houses are to be transferred to the planning 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.”, (d) in subsection (3)(e), by substituting “land or houses” for “land, houses or sites” and “the houses” for “the houses or sites”, (e) in subsection (3)(f), by deleting “or sites” and by inserting “, or to be the subject of a lease,” after “to be transferred”, (f) in subsection (6)(b), by substituting “on the date on which the permission referred to in subsection (2) is granted” for “on the date of the transfer of ownership of the land to the planning authority concerned”, (g) in subsection (7)(a) — (i) by inserting after subparagraph (i) the following: “(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;”, and (ii) by deleting subparagraph (ii), (h) in subsection (8), by inserting “the planning authority,” after “the date of the grant of permission,”, and (i) in subsection (9), by deleting “or sites” in each place. (2) Where, on the date of the coming into operation of subsection (1) , a permission has been granted subject to a condition referred to in section 96(2) of the Act of 2000 but a commencement notice within the meaning of Part II of the Building Control Regulations 1997 has not been lodged, any existing agreement under section 96 of the Act of 2000 may be amended prior to the lodgement of such commencement notice with the consent of all parties to such agreement provided that the agreement so amended complies with the provisions of section 96 on the date on which the agreement is amended. (3) Part V of the Act of 2000 applies to an agreement amended in accordance with subsection (2) . 34. (1) Section 96 (as amended by section 33 ) of the Act of 2000 is amended— (a) by inserting after subsection (3)(b)(iva) (inserted by section 33 (1)(b) (iii)) the following: “(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,”, (b) in subsection (3)(b)(viii) (inserted by section 33 (1)(b)(v) ), by substituting “(ivb)” for “(iva) ”, (c) in subsection (3)(b) (as amended by section 33 (1)(b)(vi) ), by substituting “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)” for “(excluding any reduction for maintenance, management and void periods specified in such lease)”, (d) in subsection (3)(f), by inserting “or rental accommodation availability agreement” after “or to be the subject of a lease”, and (e) in subsection (7)(a)(ia) (inserted by section 33 (1)(g) ), by inserting “or (ivb)” after “in the case of an agreement referred to in subsection 3(b)(iva) ”. (2) Where, on the date of the coming into operation of subsection (1) , a permission has been granted subject to a condition referred to in section 96(2) of the Act of 2000 but a commencement notice within the meaning of Part II of the Building Control Regulations 1997 has not been lodged, any existing agreement under section 96 of the Act of 2000 may be amended prior to the lodgement of such commencement notice with the consent of all parties to such agreement provided that the agreement so amended complies with the provisions of section 96 on the date on which the agreement is amended. (3) Part V of the Act of 2000 applies to an agreement amended in accordance with subsection (2) . 35. Section 38 of the Act of 2010 is repealed. 36. Section 97(3)(a) of the Act of 2000 is amended by substituting “9 or fewer” for “4 or fewer”. PART 6 Amendment of Housing (Miscellaneous Provisions) Act 2009 37. Section 31 of the Housing (Miscellaneous Provisions) Act 2009 is amended by substituting the following for subsection (1): “(1) This section applies to a dwelling provided under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000 — (a) of which the housing authority is the owner, (b) of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement, or (c) in respect of which housing assistance is being provided under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 .”.