What is a Part V?

Part V of the Planning and Development Acts 2000-2007 allows a local authority to require developers to set aside up to 17.5% of new developments of five or more houses for social or affordable housing . Each local authority has to include these provisions (i.e., the commitment to providing a percentage of social and affordable housing) in its housing strategy, which form part of the development plan for its area.

While up to 17.5% of any new housing development can be set aside for social/affordable housing, the local authority will determine the exact percentage, given the level of social need in the area. It may decide for example, that zero percent of the overall development is appropriate.

This provision of a percentage of affordable or social houses applies to any development of 5 or more homes, so now, any time that 5 or more homes are being developed, the local authority will decide how much (if any) will be affordable, social, voluntary, housing etc. This is determined in consultation with the developer, taking into account the appropriate percentage in the development plan.

There are no rules about where affordable houses should be located in new developments. It is for the local authority to decide which homes should be designated as affordable housing, as appropriate. For example the affordable houses may be peppered through the development/estate or may be grouped in pairs, in areas, etc. The proximity of these homes will all depend on what the local authority approve as most appropriate for the area and most appropriate for the residents of these homes.

Guidelines for the Implementation of Part V

Further information and guidelines is available to download here:

Guidelines For Part V

Options for Compliance with Part V

Part V provides for a number of options for an agreement between the Developer and the Planning Authority such as:

a) The transfer of a portion of the site the subject of the application
b) The transfer of completed dwellings on the site the subject of the application
c) The transfer of fully or partially serviced sites on the site the subject of the application
d) The transfer of land at another location
e) The transfer of completed dwellings at another location.
f) The transfer of serviced sites at another location
g) The payment of a monetary contribution

An agreement may provide for a combination of any of the above. The transfer of completed dwellings, sites or land will be to the Planning Authority or persons nominated by the Planning Authority such as an Approved Housing Body (see chapter 11 in the guidelines below). The Planning Authority will indicate in so far as is known at that time the proposed use of the transferred dwellings, sites or land. 

The Planning Authority is obliged under Part V in assessing a proposal to have regard to its Housing Strategy and the objectives of its Development Plan.