Section 17 of the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 disapplies the Residential Tenancies Act 2004, as amended, (the RTA) in respect of a detached auxiliary dwelling that is developed as an exempted development under the Planning and Development Act 2000 or 2024, as the case may be, in the rear garden of a landlord’s owner-occupier, principal private residence.
The Planning and Development (Exempted Development (Act of 2000)) (No. 3) Regulations 2026 (S.I. No. 340 of 2026) provides for such exempted development from 27 July 2026. Such exempted development, under the Regulations referred to above, is outside of the scope of the RTA and accordingly, tenancies in such new detached auxiliary dwellings are not required to be registered with the Residential Tenancies Board (RTB).
Detached auxiliary dwellings developed prior to 27 July 2026 when the Planning and Development (Exempted Development (Act of 2000)) (No. 3) Regulations 2026 (S.I. No. 340 of 2026) came into operation that are subject to a tenancy fall within the scope of the RTA and must be registered with the RTB.
