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Information for Property Developers

If you are a property developer and are planning to build a residential development, then you must become familiar with Part V of the Planning and Development Act 2000.  The following is some information on this legal obligation for developments of five or more houses.

If you apply for planning permission for a development of nine or fewer houses or a development on land of less than 0.1 hectare then your proposed development may be exempt from Part V.  You will need to obtain an 'Exemption Certificate' by applying to the planning authority.  This is covered in Section 97 of the Planning and Development Acts 2000 - 2016.

What is Part V ?

Part V is a mechanism, introduced by the Government, through which local authorities can obtain up to 10% of land zoned for housing development at “existing use value” rather than “development value” for the delivery of social and affordable housing.

Part V refers to the provisions relating to Housing Supply in the Planning and Development Act 2000, as amended by subsequent legislation.  It contains 9 sections (93 – 101).  These sections relate to the development of housing strategies and the provision of social and affordable housing.

The objective of Part V is to ensure an adequate supply of housing for all sectors of the existing and future population.

Part V Agreement

A Part V agreement refers to the agreement between a developer (applicant) and the planning authority outlining how the developer will meet his/her obligations under Part V.

When submitting a planning application, developers must specify the manner in which they intend to comply with their Part V obligations.

Compliance Options include:

Section 96(3)(a) Planning and Development Act 2000 - 2016

  • Transfer of land – the default option (for the developer) as underlined by section 96 (3)(g)

Section 96(3)(b) Planning and Development Act 2000 - 2016

  • Building and transfer of houses
  • Transfer of houses on land off-site
  • Grant of a lease of houses on or off-site
  • A combination of transfer of land under s.96(3)(a) and options under s.96(3)(b)
  • A combination of 2 or more of the options under s.96(3)(b).

In selecting an option, you should have regard to the planning authority’s requirement to consider the proposal under Section 96(3) (c ) which requires the planning authority to have regard to its Housing Strategy and other matters.

If you do not specify how you intend to comply with Part V, the planning application may be considered invalid by the planning authority and you will be notified accordingly.

Engage in Pre-Planning Consultation

It is recommended that you meet with both planning and housing staff to ensure that the Part V option agreed meets the objectives of the relevant housing strategy. There may be a need for further meetings with housing staff to ascertain more detailed requirements. Where possible an agreement in principle should be reached prior to the submission of a planning application.

Developments that are exempt from Part V

The following developments are except from Part V:

  • Provision of housing by an approved body for social housing and/or affordable housing.
  • The conversion of an existing building or the reconstruction of a building to create one or more dwellings provided that at least 50% of the external fabric is retained.
  • Carrying out works to an existing house.
  • Development of houses under a Part V agreement.
  • If the development is for nine houses or less.
  • Housing on land of 0.1 hectares or less.

The last two exemptions listed above require an Exemption Certificate.

Part V Appeals

Appeals have been made to An Bord Plean├íla in relation to Part V.  Details of these cases can be found on the An Bord Plean├íla website.