Horizon Scanner: Infrastructure, Construction, Energy

Ireland's Building Control Regulations underwent significant expansion in May 2025, creating unexpected compliance challenges for developers and advisers. The certificate of compliance on completion has emerged as a critical bottleneck in transactions, while projects caught mid-stream face complex regime questions that can stall financing and occupation.

Matheson's quarterly construction bulletin examines recent developments in Ireland's construction and infrastructure sectors, including the introduction of a simplified Building Energy Rating scale, the practical implications of force majeure clauses amid global conflicts, and key court decisions on construction contract amendments.

Matheson's quarterly construction bulletin examines recent developments in Ireland's construction and infrastructure sectors, including a simplified Building Energy Rating scale...

The Critical Infrastructure Act 2026 is commenced, as we outline in our Insights blog post: Critical Infrastructure Act 2026 commenced. Several projects have been designated as critical infrastructure projects, as we outline in our public procurement section.

Ireland's Critical Infrastructure Act 2026 introduces a statutory framework to accelerate strategically important infrastructure projects through mandatory prioritisation by public bodies. Nine major projects spanning transport, water, and energy have been designated, raising questions about how accelerated delivery will be balanced against climate obligations. The legislation's disapplication of certain climate considerations has sparked debate about the intersection of infrastructure urgency and environme

The Irish High Court has clarified the extent to which commercial property owners can use force to regain possession of their premises. In a case involving a warehouse sale following loan default and receivership, the court examined whether breaking glass and cutting through steel shutters constituted lawful recovery of property. The decision provides important guidance on the boundaries between legitimate property recovery and unlawful forcible entry.

Amendments have been made to public works contracts with the intent of improving dispute management in public construction projects. Measures are designed to encourage early resolution, allow for appointment of Standing Conciliators to chair Project Boards on major projects, and maintain fast-track arbitration alongside options for more complex cases.

The Government published the Planning and Development (Amendment) Bill 2026 on 26 June 2026 in advance of commencing the remaining provisions of the Planning and Development Act 2024.

Construction adjudication is evolving rapidly in Ireland and England, with landmark Irish High Court decisions reshaping the landscape by closing off smash-and-grab tactics and defining the boundaries of the Construction Contracts Act 2013.

The Planning and Development (Costs of Part 9 Judicial Review Proceedings) Regulations 2026, which came into operation on 18 May 2026, introduce a fixed statutory schedule of costs caps governing the legal costs recoverable by a successful applicant in planning judicial review proceedings taken under the Planning and Development Act 2024.