The Planning Design Standards for Apartments 2025

A Legal Perspective

In relation to a technical matter such as this it important to emphasise what I hope is always obvious. These posts comprise very much summaries and generalisations of what are complex matters of guidance, regulation and law which need to be applied to specific facts in practice.

“By definition a summary leaves a lot out...The process has to be workable [with] a lot of latitude in summarising under such circumstances...” (Humphreys J, Teoranta v Galway County Council [2024] IEHC 604 §63).

The Planning Design Standards for Apartments, Guidelines for Planning Authorities (“the Guidelines”) were issued on 8 July, with immediate effect and without public consultation or a (published) impact assessment.

What follows looks at the;

• legal context of the Guidelines

• content of the Guidelines and its legality

• application of the Guidelines including the “permitted modification” amendment and some of its legal implications

The last section is available to paid subscribers only.

Custom House, Dublin, home of the Department of Housing, Local Government and Heritage, which sponsors both the Guidelines and the legislation referred to in this post

Context

Previous Guidelines

The Guidelines replace the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities (December 2022) (whose principal objective was to remove specific design standards for BTR development which were further amended in July 2023 in relation to certain transitional arrangements for BTR developments) (“the 2022 Guidelines”).

The 2022 Guidelines replaced 2020 guidelines (shared accommodation/co-living update) which replaced 2018 guidelines which replaced 2015 guidelines.

The guidelines which have made substantial changes to their predecessors have been those of 2015, 2018 and now those of this year. Broadly, each of these three substantive changes have lowered apartment design specification.

Planning and Development Act 2000 (“PDA 2000”)

The Guidelines are expressly made under s28 PDA 2000 (p3) and, in common with their predecessors, include 'specific planning policy requirements' (“SPPR”). In the performance of their functions, planning authorities shall have regard to the entirety of the guidelines (s28(1) PDA 2000) and shall comply with the SPPRs (s28(1C) PDA 2000).

In particular, when making its decision in relation to an application for planning permission, a planning authority shall apply, where relevant, the SPPRs (s34(2)(aa) PDA 2000). If a SPPR(s) differs from the provisions of a development plan, the requirements of the SPPR(s) “shall, to the extent that they so differ, apply instead of the provisions of the development plan.” (s34(2)(ba) PDA 2000, emphasis added)

Planning and Development Act 2024 (“PDA 2024”)

In a reference to the priority of their SPPRs over statutory plans, a footnote to the Guidelines (p3) appears to at least imply that they will prevail over statutory plans under PDA 2024.

Under PDA 2024 the Government's policy guidance will be in the form of National Planning Statements (s25 – 27 Part 3 PDA 2024) (“NPS”). Each NPS will comprise two parts. National Planning Policies and Measures (s25(1)(a) PDA 2024) (“NPPM”) are binding at all levels in the planning policy hierarchy created by PDA 2024. National Planning Policy Guidance (s25(1)(b) PDA 2024) (“NPPG”) is described by the Government's Guide to Planning and Development Act 2024 (DoHLG, 2025) (“the Guide”) as “more granular practical guidance that affords flexibility to planning authorities as to how to implement the principles of [binding] national planning policies and measures” (the Guide, p15).

It is clear that guidelines issued under s28 PDA 2000 in force immediately prior to the forthcoming repeal of that section (most recently suggested to be end of the summer/early autumn) will continue in force until revoked or a NPS is issued with which the Guidelines conflict (s27(1) PDA 2024). Given the recent vintage of the Guidelines, we can reasonably assume that neither of these possibilities is likely. The Guidelines shall be deemed to be NPPG (s27(2) PDA 2024).

The device of the SPPR is not carried over into PDA 2024. The Government's binding policy requirements will be expressed as NPPM within a NPS (see above). In the light of the above, it appears to me that upon repeal of s28 PDA 2000 and commencement of Part 3 PDA 2024 and in order to preserve the binding nature of the SPPR provisions of the Guidelines, it will be necessary for the Government to reissue them as NPPM within a NPS.

Some NPSs will be prepared “in line with the commencement of the Act of 2024” although to date the Government has only specifically referred to their dealing with matters relating to development plans and energy development (Planning and Development Act 2024, Implementation Plan, March 2025, p9)

Content

“The guidelines set out policy and guidance in relation to the planning and development of apartments in all housing or mixed-use developments that include apartments that may be made available for sale, whether for owner occupation or for individual lease, or for rental purposes.” (page ii)

Cost Driven Specification

The Minister's Foreword makes clear that the Guidelines are drafted in the context of seeking to encourage the construction of more dwellings in compact urban areas closer to “employment, services and amenities” within “shorter travel distances” and in “locations accessible to high quality public transport services.” (page v and see pp7/9)

The Government has been open about the Guidelines being, in part at least, an initiative to reduce the costs of construction (a reduction estimated at between €50 – 100,000 per apartment, figures widely questioned) to enhance the viability of apartment development (see pp9/10). The Minister of State says in his Foreword that “every effort must be made to further reduce costs where possible” (page vi). The Government states that the “overall purpose of these Guidelines is to strike an effective regulatory balance; ensuring that apartment development meets the needs of society in terms of standards and quality, while promoting an increased level of output overall.” (p9)

The reduced specifications introduced by the Guidelines have been well publicised – for example smaller apartments, no restriction on the mix of apartment types and fewer double aspect apartments. My understanding is that the reduction in specification has not been to the extent sought by some.

Concern has inevitably been expressed that the Government is wrongly driving down quality in order to promote quantity and meet building targets. There is widespread criticism of the long term adequacy and sustainability of the new specifications. There has been comment to the effect that the Government is providing for 'units', not homes.

The Irish Planning Institute in a statement (“the IPI Statement”) says that the new approach is “fundamentally at odds...with high quality, long term sustainable outcomes flowing from transparently and democratically adopted local development plans.”

Members of Dublin City Council have highlighted the implications for local plan-making and described the changes as an attack upon Local Government and the development plan making process.

Politicians, planners and others involved in the housing sector will contribute to these debates.

Legality

The law is only concerned with the legality of guidelines and their application, not with their merit (or lack thereof). For example, in an appropriate case, the Court may be concerned with whether or not guidelines have been made within the terms of relevant European and/or domestic legislation and/or whether a planning authority had due regard to relevant guidelines when permitting proposed development.

I consider it possible, however, that it may be argued before the Court that the Guidelines do not provide for a lawful standard of residential amenity for future occupiers.

For example, the Guidelines acknowledge that the amount of sunlight reaching the interior of an apartment “can significantly affect the amenities of the occupants” (p16) but reduce the proportion of dual aspect apartments required in a development from 33% (the 2022 Guidelines, p24) to 25%. Even this requirement can be relaxed in certain circumstances and even north facing single aspect apartments can be considered (p16).

In the context of the adequacy of daylight provision in a proposed development, the Court has stated as follows;

“The clear language of...ministerial guidelines sends the message that the reasonable exercise of planning judgement requires that an enthusiasm for quantity of housing has to be qualified by an integrity as to the quality of housing...Such an approach reduces the prospect of any sub-standard, cramped, low-daylight apartments of today becoming the sink estates and tenements of tomorrow.” (Humphreys J, Walsh v ABP[2022] IEHC 172 §55)

“The reasonable and lawful exercise of planning judgement requires that enthusiasm for quantity of housing must be reconciled with integrity as to the quality of housing. Reconciliation of quantity of development with quality of development is a fundamental purpose of the planning system.” (Holland J, Jennings and O'Connor v ABP [2023] IEHC 14 §423)

Given the breadth of both of these statements, it is possible that we will see it argued before the Court that the Guidelines' further reduction of specification fails to satisfy the “fundamental purpose of the planning system” to reconcile the quantity and quality of housing development.

Such a challenge would need to assert an objective minimum apartment standard which will be denied. Further, such a challenge will be characterised as an impermissible attack on Government policy upon which the Court cannot legitimately comment. Given the breadth and strength of these previous statements and the apparent willingness of the judiciary to intervene in matters previously regarded as the preserve of planning and policy, however, it will be interesting to see the terms of judgment in such a case, even one dismissing such a challenge.

Application