Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026: Report and Final Stages
Dail Éireann — 2026-07-08
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James Browne (FF), Wexford

I move amendment No. 5:
In page 5, line 13, after “2004;” to insert “to provide that the Residential Tenancies Act 2004 shall not apply to certain dwellings;”.
Amendment No. 5 is a technical drafting amendment to ensure the Long Title of the Bill more accurately describes the content and purpose of the Bill, taking account of amendment No. 25, which proposes to insert a new section into the Bill to disapply the 2024 Act in respect of detached auxiliary dwellings that are developed as exempted development under the forthcoming amendments to the planning and development regulations SI 600/2021. Such detached auxiliary dwellings must be constructed, erected or placed to the rear of a person's principal house, that is, their principal private residence. The 2024 Act shall not apply to a detached auxiliary dwelling in a rear garden that is such an exempted development where the principal house is the owner-occupied principal private residence of the landlord of the auxiliary dwelling.
Section 3(2) of the 2024 Act provides a list of dwellings to which the Act does not apply. Section 13 of the Bill proposes to expand this list to include paragraph (j) to disapply the Residential Tenancies Act in respect of the aforementioned detached auxiliary dwelling, subject to certain conditions, as outlined. The intention is to disapply the 2024 Act from the same day that the related exempted development provisions under the forthcoming amendments to the planning and development regulations, PDR, come into operation. On and after that date, the 2024 Act will disapply in respect of such detached auxiliary dwellings that might be developed in the future. It is the intention for a detached auxiliary dwelling that is developed having availed of the new exemption from planning permission to remain outside the scope of the 2024 Act, irrespective of any future amendment to the PDR requiring planning permission for such new structures.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-07-08/debate/main
Retrieved: 2026-09-14T01:01:07+00:00
Sitting date: 2026-07-08