10/06/2026
🏠🇮🇪 New Rules for Accessing Social Housing in Ireland
The Irish Government is introducing legislative changes that will require applicants for social housing to demonstrate not only that they are lawfully resident in the State, but also that they satisfy the Habitual Residence Condition.
The Minister for Housing, Local Government and Heritage, James Browne, has stated that the changes are intended to provide greater clarity regarding eligibility for social housing and to place existing residency requirements on a statutory footing.
The Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 is expected to be published this week.
📌 What will change?
For the first time, housing legislation will expressly require applicants to:
✅ Be lawfully resident in Ireland;
✅ Satisfy the Habitual Residence Condition.
While persons without a lawful immigration status and applicants for international protection are already not eligible for social housing in practice, these restrictions have not previously been explicitly set out in legislation.
📌 What does the Habitual Residence Condition mean?
According to the Department, the new requirement is intended to establish that Ireland is the applicant’s “centre of interest” and that they have a genuine and ongoing connection to the State.
When assessing applications, local authorities may take into account:
🔹 Family connections in Ireland;
🔹 Employment history;
🔹 Length of residence in the State;
🔹 Other factors demonstrating a settled connection to Ireland.
📌 Who will not be eligible for social housing?
Under the proposed legislation, social housing will not be available to:
❌ Persons whose international protection applications are still under consideration;
❌ Persons who are subject to deportation or return decisions;
❌ Persons residing in Ireland on certain temporary immigration permissions.
📌 What does this mean for people living in Ireland under Temporary Protection?
Individuals residing in Ireland under the EU Temporary Protection Directive, including many Ukrainian nationals who arrived following the outbreak of war, will not be regarded as satisfying the Habitual Residence Condition for social housing purposes.
This is because their permission to remain in the State is considered temporary in nature.
📌 What about refugees and those granted Permission to Remain?
Persons who have been granted:
✅ Refugee Status;
✅ Subsidiary Protection;
✅ Permission to Remain;
will continue to be eligible to apply for social housing, provided they satisfy the Habitual Residence Condition.
📌 New Appeals Process
The Bill also proposes the introduction of a formal appeals procedure for social housing decisions.
Applicants who disagree with a local authority’s decision regarding eligibility for social housing or a housing needs assessment will be entitled to appeal.
Each local authority will be required to appoint an independent Appeals Officer, who must issue a decision within 28 days.
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🚩 In practice, the Bill largely places existing administrative policies on a statutory basis. However, for certain categories of migrants, particularly those holding temporary immigration permissions or Temporary Protection, access to social housing will become more clearly and expressly restricted.
☎️ If you have any questions about your immigration status, residency rights, or eligibility for social housing in Ireland, please contact us. We would be happy to assist.
