Overview
The Planning and Development (Amendment) Act 2025, enacted on 23 July 2025, introduces a new mechanism enabling developers to modify the internal layouts of permitted residential developments without initiating a full planning amendment. This expedited route is governed by strict statutory conditions.
Complementing the Act, the Government published the Design Standards for Apartments, Apartment Guidelines 2025 on 8 July 2025, which relax standards such as minimum floor areas and window provision to better support housing delivery.
Key legal provisions:
- Section 29 of the 2025 Act amends the Planning and Development Act 2000 by inserting a new Section 44B, establishing a dedicated modification route for internal layout changes.
Scope of Permitted Modifications
Section 44B(15) delineates the permissible alterations to internal configurations, including:
- Changes in unit mix
- Rebalancing of apartment type proportions
- Adjustments to floor areas, subject to the minimums in the Apartment Guidelines 2025
- Revisions to the number of windowed walls
- Alterations to ceiling heights
- Modifying the number of lifts or staircases
- Ancillary works necessary to facilitate the above (e.g., balconies, footpaths)
Certificate Based Application Process
Eligibility and Procedure
- Only the original permission-holder may apply to the relevant Local Authority.
- The application must concern internal layout modifications exclusively.
- Applications must be submitted within two years of the Act’s commencement.
- No certificate can be issued if the proposed changes mandate an EIA or AA, and the development must not have commenced.
Timelines and Outcome
- Local Authorities have an 8‑week timeframe to issue a decision or 4 weeks upon receipt of further information.
- Issued certificates must be published but are not subject to appeal.
- Modifications certified under Section 44B are deemed authorised, and the original permit is legally regarded as “modified permission.”
Strategic Importance
- These changes coincide with the Revised National Planning Framework 2025, aimed at delivering over 50,000 additional housing units annually.
- The combined approach of legislative reform and relaxed design standards empowers developers to reconfigure approved schemes efficiently, supporting the Government’s housing activation strategy.
This legislative innovation offers a targeted, efficient mechanism for internal layout modifications aligning with the Apartment Guidelines 2025 and avoiding the delay and complexity of formal planning amendment applications. Developers must act within strict timing and scope parameters to benefit fully from this streamlined process.
So, if you are purchasing a new apartment, you should get legal advice to see if the new regulations apply. Any of the property solicitors in Dillon Solicitors LLP would be happy to advise, please contact us on 01 296 0666
