Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Housing, construction and development law in Gorey sits within the national legal framework for planning, building control, housing and property, and is implemented locally by Wexford County Council and the Gorey Municipal District. Whether you are buying a home, developing land, renovating a house, letting a property or building new housing, a mix of statutes, regulations, and local planning policy will apply. Key themes are planning permission and local development plans, compliance with building regulations, property title and conveyancing rules, housing standards and tenancy law, and statutory developer obligations for infrastructure and social housing.
Gorey benefits from both rural and growing urban development pressures. That means local planning policy, zoning, and infrastructure capacity are important considerations for most projects. Projects by private developers, local authorities or homeowners are all affected by the same core rules - planning permission where required, compliance with technical building standards, and adherence to safety and environmental obligations.
A lawyer experienced in housing, construction and development can help protect your rights, reduce risk and keep a project on track. Common situations where legal advice is essential include buying or selling property - to handle searches, title checks and conveyancing; applying for planning permission or challenging planning decisions; responding to enforcement notices or compliance orders from the local authority; negotiating or drafting construction and professional appointment contracts; resolving disputes about defective or incomplete works; advising on landlord and tenant rights or evictions; dealing with mortgage, lender or repossession matters; and advising on developer obligations including Part V social housing and section 48-49 development contributions.
Construction projects commonly involve multiple contracts and parties - employers, main contractors, subcontractors, architects, engineers and consultants. A lawyer can draft contracts that allocate risk, structure payment terms, set dispute resolution procedures and prepare for adjudication or litigation if necessary. For planning and development issues a lawyer can also manage planning appeals to An Bord Pleanala and advise on environmental assessment and habitat protection requirements.
The main national statutes and regulations that apply in Gorey include the Planning and Development Acts, the Building Control Acts and associated Building Regulations, the Land and Conveyancing law governing title and transfers, the Residential Tenancies Acts for rental matters, and the Construction Contracts Act 2013 which provides statutory rights on payment and adjudication. Locally, Wexford County Council implements the Wexford County Development Plan and the Gorey Municipal District plan which set out zoning, objectives and standards affecting development proposals.
Key local considerations include planning permissions - full, outline, and retention permissions - and the scope of exempted development for minor domestic works. Local development plans set zonings and identify serviced lands where development is encouraged. Developer contributions - usually under section 48 or section 49 of the Planning and Development Act - fund local infrastructure and are often payable on grant of planning permission.
Other local rules and processes you will encounter include requirements for Building Control compliance certificates, fire safety certificates for relevant works, Building Energy Rating - BER - documentation for properties being sold, compliance with Part V social and affordable housing requirements, and environmental assessments or appropriate assessments where projects might affect protected habitats. Enforcement powers allow the local authority to issue enforcement and abatement notices for unauthorised development and breaches of building regulations.
Regulatory bodies that operate locally include Wexford County Council as the planning and building control authority, the Property Registration Authority and Land Registry for title matters, the Residential Tenancies Board for tenancy disputes and registrations, and An Bord Pleanala for planning appeals. The Health and Safety Authority oversees safety on construction sites, while the Environmental Protection Agency and local environmental officers monitor pollution and waste compliance.
It depends on the scope of the work. Many small domestic works are classed as exempted development and do not require planning permission. Larger alterations, extensions, new buildings, or changes of use will usually need planning permission from Wexford County Council. If you are unsure, check the local development plan and seek written confirmation from the planning authority or consult a planning solicitor or architect.
Statutory timelines for a standard planning application are generally about eight weeks for a decision from the local authority, though that period can be extended if the authority requests further information. More complex proposals, or those requiring environmental impact assessment, can take longer. If an application is appealed to An Bord Pleanala the appeal process typically takes several months to a year or more.
An Bord Pleanala is the national planning appeals board. You will deal with it if you or a third party appeals a decision of Wexford County Council, or if the Minister refers a strategic infrastructure project. Appeals can be made by applicants against refusals, by third parties against grants, or by local authorities in certain cases. A solicitor experienced in planning appeals can prepare the appeal and represent you at oral hearings.
Landlords must comply with the Residential Tenancies Acts and register tenancies with the Residential Tenancies Board. Obligations include providing a habitable property, maintaining the structure and essential services, and following the legal process for rent reviews or terminations. Tenants have rights to notice, to challenge excessive rent increases through the RTB, and to deposit disputes. Legal advice is recommended for tenancy agreements, notices of termination, and possession proceedings.
First, check your contract for defect remedies, retention amounts, and dispute resolution steps. If the contract adopts industry dispute mechanisms you may use adjudication under the Construction Contracts Act 2013 to obtain a fast, interim decision on payment disputes. You can also pursue a breach of contract claim in court or seek mediation. Keep records - contracts, invoices, communications, photographs - and get professional reports from engineers or surveyors to document defects.
The Construction Contracts Act 2013 gives parties statutory rights to interim payments and to refer disputes to adjudication for a speedy interim decision. Adjudication is designed to be quick and binding on an interim basis; the decision can later be revisited in court or arbitration. Adjudication is commonly used for payment disputes between contractors, sub-contractors and employers on building projects.
Developer contributions include section 48 charges for public infrastructure and section 49 special contributions for specific projects. Part V of the Planning and Development Act requires developers of certain residential developments to provide a proportion of units or land to the local authority for social and affordable housing, or to pay a monetary equivalent. These obligations are included in planning conditions and should be factored into project budgets and planning applications.
Conveyancing searches include Land Registry or Registry of Deeds searches, planning history checks with Wexford County Council, local authority searches for charges or notices, and checks for easements or covenants. Your solicitor will obtain title documents, review mortgages or charges, and advise on any risks. If the property is not yet registered, additional due diligence and indemnities may be necessary.
Large projects or those likely to have significant environmental effects may require an Environmental Impact Assessment - EIA - under planning law. Projects that could affect Natura 2000 sites or protected habitats will require an Appropriate Assessment under the Habitats Directive. The requirement depends on project type, scale and location. Early screening by a planning consultant or solicitor helps identify whether these assessments are needed.
Yes. If there is unauthorised development, breaches of planning permission, or non-compliance with building regulations, Wexford County Council can issue enforcement notices, take prosecutions, and require remedial measures. In severe cases the council can seek court orders to demolish unauthorised structures or to require compliance. Legal representation is important if you receive enforcement or abatement notices.
When seeking information or assistance, useful local and national resources include Wexford County Council and the Gorey Municipal District planning and building sections for local policy and applications, An Bord Pleanala for planning appeals, the Property Registration Authority and Land Registry for title matters, the Residential Tenancies Board for rental disputes and tenancy registrations, and the Health and Safety Authority for construction site safety. National departments and agencies such as the Department of Housing, Local Government and Heritage, the Environmental Protection Agency and local Citizens Information centres provide guidance on housing policy, environmental law and citizens rights.
Professional bodies to consider when assembling a project team include chartered architects, chartered surveyors, the Royal Institute of the Architects of Ireland and the Construction Industry Federation. For legal aid and access to legal services check eligibility with the Legal Aid Board and local community legal services for initial assistance or referral.
If you need legal assistance in Gorey, start by collecting all relevant documents - title deeds or folio numbers, planning application documents, building contracts, correspondence, inspections or survey reports, tenancy agreements, and any enforcement or notice letters. Make an initial list of questions and desired outcomes so a solicitor can advise clearly on options, timelines and costs.
Choose a solicitor or law firm with specific experience in housing, planning, construction or property law. Arrange an initial consultation to discuss the matter, confirm the scope of work, fee structure and estimated timeline, and agree on key deliverables. For planning matters consider engaging an architect or planning consultant as well as legal counsel. For construction disputes obtain technical reports from engineers or surveyors at an early stage.
If cost is a concern, explore mediation, adjudication or alternative dispute resolution before court proceedings. Check whether you qualify for legal aid or free advice at Citizens Information or community legal clinics. Finally, act promptly - planning time limits and limitation periods can affect your rights, and early professional advice can prevent costly mistakes.
