Statutory responsibility for the making of agreements under Part V of the Planning and Development Acts 2000-2007 rests with the relevant planning authority.
Local authorities have been advised that where Part V agreements are in place but the development has not been completed, local authorities should, in the context of the proposed transfer of units, be satisfied that the development will be completed in accordance with the planning permission and Part V agreement. This would include any provisions relating to phasing, particularly with a view to avoiding any undue "front loading" of Part V units, where appropriate provisions in this regard are specified in the planning permission or the Part V agreement. In the absence of specific provisions in the planning permission or the Part V agreement governing the timing of the transfer of affordable units, authorities could express a preference for the deferral of the transfer of these units pending the completion of the overall development. Local authorities should have regard to this issue and the issue of possible "front loading" of Part V units in negotiating future Part V agreements.