Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th January, 2017.

I, SIMON COVENEY, Minister for Housing, Planning, Community and Local Government, in exercise of the powers conferred on me by section 1 (3) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016), hereby order as follows:

1. This Order may be cited as the Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2017.

2. The 17th day of January 2017 is appointed as the day on which the following provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) come into operation:

(a) in so far as it is not already in operation, Part 1;

(b) in so far as it is not already in operation, Part 3, other than sections 44, 45, 48 and 49, and the Schedule, other than Part 3.

GIVEN under my Official Seal,

16 January 2017.

SIMON COVENEY,

Minister for Housing, Planning, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order appoints 17th January 2017 as the date on which specified provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 come into effect.

The Order commences Part 1 of the Act, insofar as it is not already in operation, in relation to the short title, collective citation, construction and commencement of the Act.

In addition, the Order commences Part 3 (Amendments to the Residential Tenancies Act 2004 ) insofar as it is not already in operation, other than sections 44, 45, 48 and 49, as follows:

• Section 30 provides for the definition of certain terms in Part 3;

• Sections 31 and 32 provide clarification on the application of the Residential Tenancies Act to certain Approved Housing Body tenancies;

• Sections 38 to 40, inter alia, provide that where a landlord proposes to sell 10 or more units within a single development at the same time, the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances;

• Sections 41 and 42 provide for the abolition of the landlord’s right, during the first 6 months of a further Part 4 tenancy, to terminate that tenancy for no stated ground;

• Section 43 reduces the time period for appeals to RTB Tribunals from 21 days to 10 days;

• The Order also commences the Schedule of the Act (other than Part 3 of the Schedule) which provides for consequential amendments.