Alan Kelly (Tipperary, Labour)
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1638. To ask the Minister for Housing, Planning, and Local Government the number of planning permissions that are due to expire that can benefit from the proposed planning permission extension; the location and the town planning numbers of these schemes; the number of units that will be impacted; and if these schemes can still be constructed in view of the changes in building regulations in the interim. [35372/17]

Thomas Pringle (Donegal, Independent)
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1650. To ask the Minister for Housing, Planning, and Local Government when each section of the Planning and Development (Amendment) (No. 2) Bill 2017 will commence once the Bill is enacted; the way in which section 28(2) will enable housing schemes to extend planning permission when this particular section will commence; and if he will make a statement on the matter. [35743/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 1638 and 1650 together.

As my Department does not maintain a national database of planning permissions, the detailed information sought regarding the number and location of planning permissions impacted by the amended provision is not available.  However, in line with the focus on implementing Rebuilding Ireland, my Department keeps in regular contact with housing provider representative organisations, which have indicated that they received in the region of 75 enquiries relating to further extensions of the duration of planning permissions of the type addressed in the Planning and Development (Amendment) Act 2017.  That Act, which amends section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016, came into force on its enactment on 19 July 2017.

I intend this week to make the statutory instruments required to commence section 28(2) of the 2016 Act and bring into operation the new scheme for further extensions of the duration of certain planning permissions.  It will be a matter for individual developers to apply to the relevant planning authority for a further extension of duration of the planning permission concerned.  In the case of qualifying developments where the extended duration of the permission expired or will expire between 19 July 2016 (the date on which Rebuilding Ireland was published) and the day before section 28(2) of the 2016 Act (as amended by the 2017 Act) comes into force, developers have six months from the date of commencement of section 28(2) of the 2016 Act in which to apply for a further extension of duration of that permission.  In the case of qualifying developments where the extended duration of the permission expires on or after the date of commencement of section 28(2) of the 2016 Act, the application for a further extension of duration must be made within the last year of the duration of the planning permission, as previously extended.  The additional period of the duration of a permission extended under section 28(2) of the 2016 Act cannot exceed 5 years or continue beyond 31 December 2021, whichever first occurs.

As regards the application of Building Regulations to qualifying developments under section 28(2) of the 2016 Act, when building regulations are updated and amended, the new requirements generally apply to works commencing from a specified commencement date set out in the relevant Regulations, subject to transition arrangements.  The transition arrangements may provide that the previous regulations apply to works for which planning permission was sought prior to the commencement date of the new regulations and where substantial work has been completed by a specified date.  Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings, who must ensure that they adhere to the appropriate building regulations, when carrying out building works to which the regulations apply.