Part V Agreements

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Part V of the Act allows local authorities to achieve this strategy by requiring housing agencies to enter into an agreement with the local authority responsible for the provision of fully or partially maintained homes, land or land or an equivalent monetary contribution for social and affordable housing. It also defines the terms of these agreements and how compensation is decided. The 2015 law also allows developers to comply with Part V through rental housing availability agreements, but this section of the 2015 law has not yet begun. Some social housing agencies ask developers to group social units into one part of the same development in order to avoid paying maintenance costs for an entire development. However, Councils have been advised to avoid this practice. The Housing Authority can then contact the developer, extend an invitation to preliminary talks regarding Part V (in which the developer is not required to participate) and make recommendations for the design phase. If the municipality intends to deliver Part V with an AHB, the promoter can also comment on a potential AHB partner, but ultimately the choice belongs to the municipality. Fidelma is a partner and leads the specialized team of Beauchamps housing. Fidelma has particular expertise in complex mediation and is a recognized leader in the acquisition, development and management of social housing. Their practice covers all aspects of intermediation and covers the acquisition, structuring, financing, sale and leasing of all types of real estate, including building developments, difficult and partially complete residential construction, shopping malls, retail parks and offices. Housing management within a local authority has an expanded role. Upon receipt of a planning proposal, planning services are now required to provide their housing notices to assess the eligibility of the proposed housing strategy. Since the introduction of the Planning and Development Act (modifiable law) 2002, Part V`s obligations (social/affordable housing) to municipalities, in agreement with the local authority, can, in an appropriate case, be fulfilled in full or in part by the payment of funds. The question arises as to whether, under these conditions, the condition of Part V of the building permit should be treated as a financial condition for aid purposes. This helps developers understand their commitments to development design. Before filing a planning application, it is recommended that contractors meet with design and housing staff to ensure that the agreed option, Part V, meets the objectives of the respective housing strategy. The Department of Housing, Planning, Municipal and Local Government guidelines state that “the review of Part V issues should begin as soon as possible.” In reviewing the proposal, the planning authority is required, in accordance with Section 96, paragraph 3, paragraph c), to consider its housing strategy and other issues.

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