Legislative Measures

Thursday, 19 February 2026

Ceisteanna (399)

James Geoghegan

Ceist:

399. Deputy James Geoghegan asked the Minister for Housing, Local Government and Heritage if he will outline each section of enacted legislation, where the responsibility lies in the Minister to commence that section, that has not been commenced; if he will outline each section of enacted legislation which provides for the making of regulations by the Minister that have not been made by the Minister; if he will outline all sections of enacted legislation or secondary legislation which provide for the publication of guidelines by the Minister that have not been published, in tabular form; and if he will make a statement on the matter. [13509/26]

Amharc ar fhreagra

Freagraí scríofa

Minister for Housing, Local Government and Heritage

The information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.

The following deferred reply was received under Standing Orders.

Details of sections of enacted legislation yet to be commenced, where responsibility lies with me to commence them, are set out in Table 1. I wish to note that some areas for which I hold policy responsibility may span several Acts of a historic nature. In order to prepare the information requested in the timeframe of this Parliamentary Question, my response is restricted to consolidated primary legislation enacted in the last 25 years.

In regard to the making of regulations, the information sought is not readily available and its compilation would involve a disproportionate amount of time and work.

Details of enacted primary legislation, which include a provision stating that I as Minister shall publish guidelines, and where those guidelines have not yet been published, are set out in Table 2. In regard to secondary legislation, the information sought regarding guidelines is not readily available and its compilation would involve a disproportionate amount of time and work.

Table 1 Name of Enacted Legislation:			Uncommenced Section(s):		Further Information:
		Affordable Housing Act 2021			Section 6(6); Section 6(7); and Section 42
Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023			Section 7; Section 8 - 89; Section 95 - 116; Section 125 - 130; Section 133; Section 135 &136; Section 148; Section 175(1), (2) insofar as they apply to ss. 27(1), 30 , 116(2), 128(2), 129(2), 136(2); Section 175(3), (4) except insofar as they apply to ss. 43(1), 82(2), 99(1), 99(5)(b), 103(1), 105(6), 113(1), 113(2), 114(1), 148(1) ; S. 175(5), (6) insofar as they apply to ss. 13(2)(b), 13(3)(a), 13(4)(b), 101(2)(b), 101(3)(a), 101(4)(b), 114(4)(b), 148(2), 148(4); Section 175(9)-(19); Sections 176, 177; Section 178(1); Section 178(3)-(5); Sections 180, 181; Sections 185-187; Sections 191, 192; Section 206; Section 219; Section 224; Section 226 - 228; Sections 229 & 230; Section 231 - 234; Sections 235 - 237; Section 238; Sections 239, 240; Sections 241 - 243; Schedule 1 ,2,4,6 and 8.		Work has been ongoing since 2024 to commence this legislation and will continue with regard to the outstanding sections over the next 12 - 18 months, until the Act is fully commenced.
		Housing (Miscellaneous Provisions) Act 2009			Part 2 - Chapter 2 - Sections 14-18; Part 2 - Chapter 5 - Section 28 -31; Part 2 - Chapter 5 - Section 32(9); and Part 4 - Section 64(9)(a)
		Housing (Miscellaneous Provisions) Act 2009			Section 99
Housing (Miscellaneous Provisions) Act 2014			Part 4 - Section 41(4): Designation of areas where no further dwellings will be approved for housing assistance		Need for commencement kept under review.
Housing (Miscellaneous Provisions) Act 2014			Part 4 - Section 44: Payment to housing authority by HAP beneficiary of rent contribution under s. 31 of 2009 Act (ss. (1)) and Prescription of manner of payment of rent contribution (ss. (2))		Dependent on the commencement of section 31 of the 2009 Act concerning rent schemes and charges.
Housing (Miscellaneous Provisions) Act 2014			Part 4 - Section 47: Payment of HAP in respect of certain beneficiaries under the Capital Assistance Scheme		Provision has been made for such households through the RAS scheme.
Housing (Miscellaneous Provisions) Act 2014			Part 4 - Section 48: Internal review, on request, of HAP decisions in prescribed decision classes		Appeals are currently being dealt with under a local authority’s Customer Charter.
	Housing (Miscellaneous Provisions) Act 2014			Part 2 - Section 20; Part 5 - Section 53; and Part 5 - Section 54(1)
	Local Government Act 2001			Sections 22, 212-214, and 223
	Part III of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025			Section 38
	Part III of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025.			Sections 34; 35; 36; 40; 41; and 42
	Planning and Development (Amendment) (Large-scale Residential Development) Act 2021			Subsection (6) of section 17
	Planning and Development (Amendment) Act 2010			Sections 5; 35; 36; 38; 43; 47; 48; 52; 60; 61; 63; 65(b), (c) & (d); 69; and 74(e)
	Planning and Development (Amendment) Act 2018			5 (to the extent that it relates to the amendments specified in column (3) of that Schedule 1 opposite reference numbers 3, 4, 5, 6, 11, 12 and 16 in column (1) of that Schedule; 21(c ); 33; 34; 40; 42; 49; Schedule 1 to the extent that it relates to the amendments specified in column (3) of that Schedule opposite reference numbers 3, 4, 5, 6, 11, 12 and 16 in column (1) of that Schedule
	Planning and Development (Housing) and Residential Tenancies Act 2016			26; 44; and 45
	Planning and Development Act 2024			Sections 7-14; 16; Subsections (8) & (9) of section 25; 82-179; 181-194; 208-241; 244-277; 291-302; 305-345; 347-352; Subsections (1), (3), (4), (5), (6), (7) & (9) of 353; Subsections (1), (2), (3), (5), (6), (7), (8), (9), (10) & (11) of 354; Subsections (5), (6), (7), (8) & (9) of section 355; Subsections (4), (5) & (7) of section 356; 357; 359-375; 377-387; 392-395; 404-482; Subsection (1) of section 485; 486; Subsection (1) & (2)(b) of section 492; 493; 532; 533; 550; 572; 579; 583-585; Subsection (1) & (4) of section 586); 587-595; 601-623; 626; 628; 629; Schedule 7, references 2, 3, 4, 5, 6, 7, 9, 10, 11 (partial), 12, 13 (partial), 14, 15, 16, ,17, 18 (partial), 19 (partial) 20, 21, 22, 24, 25, 26, 28, 29 (partial), 30, 31 (partial), 32 (partial), 33

(partial), 34 (partial), 36, 37, 38, 39, 40

(partial), 41, 42, 44

(partial), 46 (partial), 47, 49, 50, 51, 52, 53

(partial), 54 (partial) , 55, 56, 57

(partial), 58 (partial), 60, 62, 65

(partial), 66 (partial), 67 (partial);

	Planning and Development Act 2025		Sections 27; 29; 30; and 31
	Planning and Development, Maritime and Valuation (Amendment) Act 2022		Subsection (1), (2), (3), (4), (5), (6) & (7) of section 41
Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022		Part 4 to Part 6 Sections 55 to 59, 61,62,64,65 Section 60 except in so far as it relates to an offence under paragraph 2(10) of Schedule 2, and paragraph 7(2) of Schedule 2; Section 63 except in so far as it relates to an offence under paragraph 2(10) of Schedule 2; Schedule 1.	These provisions are expected to come into operation in Q3.
	Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025		Sections 5 (a), 7, 14 (a) (b) ( c ) , 15, 17, 18, 21, 29, 30, 31, 34, 35, 36, 38
	Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022		Section 45 (2) (d)
	Urban Regeneration and Housing Act 2015		34
Valuation (Amendment) Act 2015		Section 14	Commencement requires the clearance of arrears of casework which is currently underway further to the establishment of Tailte Éireann, and will be the subject of ongoing engagement with Tailte Éireann.
Water Services Act 2007		Sections 4(2), 58(2) 63-67, 69, 77-90, 92(1)-(7), 104, and 107(a) (part), and schedule 1 (part) and schedule 2.	Water services legislation continues to be under active review in the light of the ongoing water sector transformation programme, and legislative provisions are commenced, as and when appropriate.
Water Services Act 2013		Sections 28 and 29.	Water services legislation continues to be under active review in the light of the ongoing water sector transformation programme, and legislative provisions are commenced, as and when appropriate.
Water Services (No.2) Act 2013		Sections 4(2)(part) and 29.	Water services legislation continues to be under active review in the light of the ongoing water sector transformation programme, and legislative provisions are commenced, as and when appropriate.
Water Services Act 2017		Sections 5(1)(b)(IV).	Water services legislation continues to be under active review in the light of the ongoing water sector transformation programme, and legislative provisions are commenced, as and when appropriate.
	Wildlife (Amendment) Act 2000		Section 36
Residential Tenancies (Amendment) Act 2015		Paragraph (g) of section 16; paragraphs (d) and (e) of section 17; and paragraphs (b) and (c) and, in so far as it relates to the insertion of subsection (8) into section 139 of the Residential Tenancies Act 2004, paragraph (d) of section 63.	Repealed by section 36 of the Residential Tenancies (Amendment) Act 2019.
	Section 16 (d); Sections 22-24; Section 37; Section 57(1)(b); Section 59; Sections 60(a), (b)[(4)(c)], (c) and (e)[(7)]; Section 61; Section 62(b)(iii); Sections 63(d)[(5),(6)]; Sections 64-		These provisions relate to the introduction of a Deposit Protection Scheme. Commencement is delayed pending a review of the legislative

	65; Sections 70-72		provisions from an operational perspective.
	Sections 34-35; Section 38; Section 43; Section 46; Section 48; Section 51(1)(b); Section 52 (6); Section 53; Section 73;		Sections 34-35, 38, 43, 46, 48, 51(1)(b), 52(6), 53 and 73 provide for the insertion of a new Section 76A and consequential amendments regarding referral of complaints to the Board for resolution in respect of non-compliance with Section 86(1)(a), i.e. the requirement to continue to pay rent pending the determination of a dispute. Commencement is delayed pending a review of the legislative provisions from an operational perspective.
Planning and Development (Housing) and Residential Tenancies Act 2016		Sections 44 and 45	Sections 44 and 45 provide for one-person Tribunals, rather than three-person Tribunals, in the Residential Tenancies Board (RTB) for certain categories of cases. Technical amendment is expected to be made in Q4 2026 to enable their commencement.

Table 2 Title of Enacted Legislation with not yet published Guidelines:	Further Information – Guidelines:
Planning and Development Act 2024	Section 25 National Planning Statements (NPS); Section 25 has been commenced. Existing section 28 guidelines Ministerial Guidelines under the Planning and Development Act 2000 are deemed to be NPS under the Act of 2024 by way of a transitional provision at section 27 of the 2024 Act, but no NPS have been issued using the section 25 Act of 2024 procedures to date
Planning and Development Act 2024	Section 480 Code of practice in relation to events - Section 480 has not yet been commenced.
Local Government Act 2001 (as amended)	Section 68
Affordable Housing Act 2021	Section 10(6)