- Charity concerned about substandard garden units being rented out in the private rental market without appropriate inspections and protections in place, placing renters and vulnerable older people at risk
- Threshold calls for robust safeguards and rights-based standards to underpin any new regulations
September 5, 2025: Recognising the urgent need to increase housing supply, national housing charity Threshold has raised concerns about the potential unintended consequences of the Government’s proposed changes to exempted development regulations (e.g. garden homes), as outlined in their recent Public Consultation submission.
The Department of Housing, Local Government and Heritage has outlined a proposal to exempt a “detached habitable accommodation unit” to the rear of a dwelling within its private boundary. Threshold warns of the risk of these developments entering the private rental sector market without robust safeguards or planning standards, as well as the elevated risk of elder abuse in such arrangements.
To mitigate against any unintended consequences from the new changes, Threshold is calling for a rights-based, comprehensive regulatory framework that protects tenants, supports vulnerable older people and maintains national housing quality.
Importance of protecting tenants in the private rental sector
While Minister for Housing James Browne has noted that the intention is not to expand the private rental market through the new measures, it is Threshold’s strong belief that many of these units could be rented out without the usual planning or safety frameworks, or tenancy protections, in place.
In Threshold’s experience, those who privately rent garden homes are often, incorrectly, treated as licensees, provided with little to no tenancy protections. People renting under licence agreements are not protected by the Residential Tenancies Act 2004, and tenants can be evicted with little or no notice.
Safeguards will be needed to protect renters, particularly more vulnerable renters, from living in potentially sub-standard and unregulated housing. Threshold is calling for any new exempted development, such as a garden home, that enters the private rental market to comply with the Housing (Standards for Rented Houses) Regulations 2019. These Regulations set out clear statutory requirements for room size, heating and sanitation. Threshold is also advising that it be made clear that renters living in such units have the full protection of the Residential Tenancies Acts.
An increase in the number of developments not requiring planning permission will lead to greater gaps in official data on the number of garden homes and their location. This could place significant pressure on local infrastructure systems not designed to accommodate increased housing density leading to service disruptions and public health concerns.
To avoid such risks and support better policy decisions, Threshold is calling for planning oversight of garden home developments.
Protecting vulnerable older people
Exempted garden home developments could provide a key opportunity for older people to continue living in situ in familiar surroundings, with family members or carers close by to support their changing needs. Threshold is concerned that the garden homes may unintentionally expose older homeowners to undue influence from family members, or third parties, seeking to benefit from their properties, placing them under pressure to vacate their homes or build a garden home for rental purposes.
Threshold proposes that garden homes should only be permitted for use by carers or family members. The charity is also calling for explicit safeguards to be embedded in policy design to ensure that any decision to relocate to garden homes by vulnerable older homeowners is made with their informed and voluntary consent.
Speaking on the proposed changes, Threshold’s National Advocacy Manager, Ann-Marie O’Reilly said:
“We recognise the urgent need to increase national housing supply. However, it is crucial that efforts to address housing supply do not inadvertently undermine housing security or even undermine the intended benefits of the increased supply itself. Tenant protections, housing quality and appropriate protections for older family members are necessary.
“Modular units like garden homes require clear regulatory frameworks and minimum living standards, especially if intended as long-term dwellings. Potentially placing more people into the private rental market without the protections of the Residential Tenancies Act is not a result anyone wants to see.
“We look forward to working closely with the Government over the coming months to ensure that a rights-based approach to housing quality and the highest level of tenancy protection is entrenched in this proposal for exempted developments.”
Threshold’s service is available by phone, Monday to Friday, 9am-9pm at 1800 454 454, or online at www.threshold.ie/get-help to any private renter in need of advice and support.
