IRELAND Law and Practice Contributed by: Diarmuid Mawe, Craig Kenny, Katelin Toomey and William Fogarty, Maples Group
Residential and Student Housing The residential and student housing sectors are characterised by significant demand and lim - ited supply, driving competition among lenders and investors. The successful transactions in student housing highlight the sector’s potential for growth, while the broader residential market continues to grapple with supply constraints. Addressing the housing shortage remains a key challenge for the government moving forward. 1.3 Proposals for Reform Reform of Planning Law The Planning and Development Act 2024 (the “2024 Act”) The 2024 Act aims to modernise and reform planning law in Ireland. The reforms include: • significant restructuring and resourcing of the current planning appeals board, • An Bord Pleanála (the “Bord” ), which will be renamed An Coimisiún Pleanála • the introduction of statutory timelines for decision-making, including for An Coimisiún Pleanála • new strategic ten-year development plans for local authorities; • reform of the planning judicial review; and • new provisions for urban development zones. The 2024 Act was enacted in October 2024, but only some parts of the 2024 Act have been com - menced to date. Any planning process initiated under the previous legislation will remain gov - erned by that legislation, even after the relevant provision is repealed by the 2024 Act. The 2024 Act is not expected to commence in its entirety until 2026. Energy Performance of Buildings Bill The Energy Performance of Buildings Bill is to be enacted by May 2026 and will introduce signifi -
cant changes to real estate legislation. This bill transposes the Recast Energy Performance of Buildings Directive. Key features include the following. • Zero-Emission Building (ZEB) Standard: build - ings must have high energy performance, with a substantial portion of energy needs met by renewable sources, ideally produced onsite or nearby. This standard builds on the current Nearly Zero-Energy Building (NZEB) standard, which has been in place since December 2020. All new buildings must meet ZEB standards by 2030, starting with new public buildings by 2028. All buildings must comply by 2050. • Energy Performance Certificates (EPCs): a new EU-wide system will rate buildings from A (ZEB) to G (worst performing), replacing the current BER certification by 29 May 2026. • Minimum Energy Performance Standards: member states must ensure that 16% of the worst-performing non-residential buildings are renovated by 2030, and a further 26% are renovated by 2033. 2. Sale and Purchase 2.1 Categories of Property Rights The following categories of property rights can be acquired in Ireland: • freehold title, which confers absolute owner - ship; or • leasehold title, which confers ownership for the period of years granted by the relevant lease.
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