Print this PageWhat is Part V?
Part V is a mechanism, introduced by the Government, through which local authorities can obtain up to 20% of land zoned for housing development at “existing use value” rather than “development value” for the delivery of social and affordable housing.
Part V refers to the provisions relating to Housing Supply in the Planning and Development Act 2000, as amended by legislation in 2002. It contains 9 sections (93 – 101). These sections relate to the development of housing strategies and the provision of social and affordable housing.
The objective of Part V is to ensure an adequate supply of housing for all sectors of the existing and future population.
Part V Agreement
A Part V agreement refers to the agreement between a developer (applicant) and the planning authority outlining how the developer will meet his/her obligations under Part V.
When submitting a planning application, the developer must specify the manner in which he/she intends to comply with their Part V obligations.
The Compliance Options include:
Section 96(3)(a) Planning and Development Act 2000 - 2002
- Transfer of land – the default option (for the developer) as underlined by section 96 (3)(g)
Section 96(3)(b) Planning and Development Act 2000 - 2002
- Building and transfer of houses
- Transfer of fully or partially serviced sites
- Transfer of land within the functional area of the planning authority i.e. off-site land transfer
- Building and transfer of houses on land off-site
- Transfer of fully or partially serviced sites (off-site)
- Payment of agreed amount
- A combination of transfer of land under s.96(3)(a) and options under s.96(3)(b)
- A combination of 2 or more of the options under s.96(3)(b).
In selecting an option, the developer should have regard to the planning authority’s requirement to consider the proposal under Section 96(3) (c ) which requires the planning authority to have regard to its Housing Strategy and other matters.
If the developer has not specified how they intend to comply with Part V, the planning application may be considered invalid by the planning authority and the developer notified accordingly.
Engage in Pre Planning Consultation
It is recommended that developers meet with both planning and housing staff to ensure that the Part V option agreed meets the objectives of the relevant housing strategy. There may be a need for further meetings with housing staff to ascertain more detailed requirements. Where possible an agreement in principle should be reached prior to the submission of a planning application.
Developments that are exempt from Part V
The following developments are except from Part V.
- Provision of housing by an approved body for social housing and/or affordable housing
- The conversion of an existing building or the reconstruction of a building to create one or more dwellings provided that at least 50% of the external fabric is retained
- Carrying out works to an existing house
- Development of houses under a Part V agreement
- If the development is for four houses or less or
- Housing on land of 0.1 hectares or less.
The last two exemptions listed above require an Exemption Certificate.
Part V Appeals
Appeals have been made to An Bord Pleanála in relation to Part V. Details of these cases can be found on the An Bord Pleanála website.
