Dáil Éireann Debate, Tuesday - 25 April 2023
344. Deputy Willie O'Dea asked the Minister for Housing, Local Government and Heritage if he intends to use legislation to protect tenants of purpose-built retirement villages to ensure they cannot be evicted, unless a tenant breaches the tenancy agreement; if he will ensure that purpose-built retirement villages remain retirement villages under planning law; and if he will make a statement on the matter. [19511/23]
View answerThe Residential Tenancies Acts 2004-2022 (the RTA) regulate tenancies in the residential rental sector covering private renters, cost renters, social renters with Approved Housing Bodies (AHBs) as well as regulating tenancies and licences in student specific accommodation, in addition to setting out the rights and obligations of landlords and tenants. The RTA applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions which are provided for under section 3(2) of the RTA. The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to facilitate the resolution of tenancy disputes between landlords and tenants.
Where the owner of a dwelling enters into a letting agreement with a person for the occupation of that dwelling, it is a private contractual matter between the parties as to whether that agreement is a licence agreement or a tenancy agreement. Accommodation arrangements in a particular retirement village would need to be examined to determine whether they fall within the remit of the RTA. If a dispute arises as to whether a purported licence agreement is in fact a tenancy agreement, the RTB can determine on the matter. If the accommodation arrangement is determined to be a tenancy agreement, the RTA protections apply.
Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. An application for planning permission is made to the relevant planning authority under section 34 of the Act.
It is possible under the Act to apply for planning permission for the change of use of a building or buildings which have been previously been granted planning permission, including purpose built retirement villages. Any proposal for a change of use to another use would be subject to assessment by the relevant planning authority as part of the planning application process. It is a matter for the relevant planning authority to consider each such application on a case-by-case basis and to decide to whether to grant permission, subject to or without conditions, or to refuse permission.
Under section 30 of the Act, as Minister with responsibility for planning, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
