Home builders threaten legal action over Government's 'unconstitutional' rental reforms

Some of the country’s biggest home builders have warned the Government its proposed rental sector reforms are unconstitutional and threatened legal action if they fail to engage with them on it, according to The Irish Times.

The property developers warned Minister for Housing James Browne and Tánaiste Simon Harris that the Government’s proposed reforms are inconsistent with both the Irish Constitution and the European Convention on Human Rights (ECHR).

They have held out the prospect of taking legal action should the Minister for Housing fail to engage with them prior to the legislation’s introduction on March 1st next.

In letters sent on January 8th and 23rd last, copies of which were seen by The Irish Times, October Investments chief David Daly, a developer with more than 45 years’ experience in the residential and commercial property sectors, said the proposed reforms “pose significant constitutional issues, relating to proportionality, lawfulness and property rights”.

Warning of the potential consequences of a refusal by the Minister to have a “meaningful exchange and meeting” with him and his fellow developers in advance of the legislation’s introduction, Mr Daly said: “In the unlikely event that you refuse to engage with us, then quite obviously, it follows that we expressly reserve all of our rights. We trust this will not be necessary and look forward to engaging with you.”

Mr Daly’s letters to the Minister were sent with the support of Michael Stanley, chief executive of publicly listed home builder Cairn Homes, Ballymore Group founder and chairman Seán Mulryan, Marlet Property Group chief Pat Crean, and the veteran Dublin housebuilder Bernie Carroll.