Construction and Engineering
Energy Performance of Buildings Directive
FRAMEWORK FOR NEW BER CERTIFICATE REGIME
Further steps have been taken to transpose into Irish law the Recast Energy Performance of Buildings Directive. Our briefing on two new sets of Irish Regulations is available here: Ireland transposes key reforms for BER regime.
DELEGATED LEGISLATION FOR GLOBAL WARMING POTENTIAL
Article 7 of the Recast Energy Performance of Buildings Directive requires Member States to ensure that life-cycle Global Warming Potential (“GWP”) is calculated in accordance with Annex III and disclosed in the energy performance certificate of the building: (a) from 1 January 2028, for all new buildings with a useful floor area larger than 1 000 m2; (b) from 1 January 2030, for all new buildings.
Commission Delegated Regulation (EU) 2026/52 amends Annex III as regards the EU framework for the national calculation of life-cycle GWP. The intent of the harmonised EU methodology is to ensure comparability of emissions data across Member States, support climate policy coherence, and create a level playing field for economic operators. The framework is to be built on internationally recognised standards, particularly EN 15978, and should promote carbon storage, long-lasting construction, and circular economy principles (reuse, recycling, design-for-disassembly). Life-cycle GWP should be calculated at the design stage to allow design changes, but the energy performance certificate disclosure must reflect the as-built condition. Results must be reported transparently, showing figures for each life-cycle stage at a minimum.
Infrastructure
CRITICAL INFRASTRUCTURE BILL
The Critical Infrastructure Bill 2026 has been passed by Dáil Éireann and is under consideration by the Seanad, with a target enactment date of mid-June 2026. Secondary regulation and guidance are also expected to give practical effect to the Bill. Our Insights Blog post on the Bill is available here: Accelerating Infrastructure: Critical Infrastructure Bill and Circulars.
METROLINK
On 1 May 2026, Transport for Ireland (“TII”) issued the contract notice for the M500 design, build, finance, operate and maintain contract for delivering railway works and operating and maintaining the public passenger metro service for 25 years.
This follows the announcement of the M100 utilities and enabling works framework and the first major design and build civils contracts (M401 and M402).
The procurement of the M100 enabling works programme is advancing across several workstreams. The M14 utilities and enabling works framework, which covers site clearance, utility diversions and relocations, and enabling works for stations and tunnels, was launched via contract notice in March 2026 and the prequalification stage is ongoing. Further contract notices for the M160 environmental monitoring, M19 specialist heritage, M20 minor works framework and M120 heavy civils enabling works framework are expected in Q2 2026. TII has confirmed that it is completing an internal assurance review of the M100 procurement schedule and that updated timetable information will be published.
TII has confirmed that invitations to tender for M401 are targeted for issue in the second half of 2026, ahead of an indicative contract award timetable of Q3 2027 for M401 and Q4 2027 for M402.
The latest supplier guide is available here: Supplier Guide, version 7, April 2026 (PDF 2MB).
Housing and built environment
DATA
A new Housing Information Hub provides dashboards on planning permissions, new dwelling completions, residential commencement notices and Modern Methods of Construction usage. It seems further dashboards are expected, as indicated here: Minister Browne launches new Housing Information Hub.
NEW EUROPEAN BAUHAUS
The Council of the European Union adopted a recommendation urging EU countries to integrate New European Bauhaus values into policies and funding for an affordable and people-centred built environment. Recommendations relating to construction include, for example, addressing barriers to market entry for innovative construction methods and materials such as low-carbon and sustainable bio-based materials, offsite construction and additive manufacturing in construction. Further information is available here: New European Bauhaus: Council calls for sustainable and inclusive neighbourhoods across the EU.
Dispute resolution
ARBITRATION
New International Chamber of Commerce arbitration rules enter into force on 1 June 2026. Changes are intended to streamline and expedite dispute resolution and to strengthen clarity in terms of disclosure and procedure.
ADJUDICATION
The terms of the current members of the Ministerial Panel of Adjudicators in Ireland have expired. Appointment of the new panel is underway with new members expected to be appointed shortly.
Supply chains
EU DEFORESTATION REGULATION
The European Commission published an updated guidance document and Frequently Asked Questions, a draft delegated act on the product scope of the Regulation, and a report on simplification. Further information is available here: Commission publishes simplification review of EU Deforestation Regulation.
The Regulation requires that, from 30 December 2026, products placed on, sold within, or exported from the EU are free from deforestation. In scope commodities include rubber, wood, and certain products made from these.
CARBON BORDER ADJUSTMENT MECHANISM
The European Commission is consulting until 10 June 2026 on rules for converting into a corresponding number of CBAM certificates the carbon price paid in a third country for declared embedded emissions in CBAM goods imported to the EU. The CBAM applies in respect of certain goods including cement, iron and steel, and aluminium. It is designed to apply carbon costs to those goods when they are imported to the EU, on the basis that such costs would have been applied (through the EU Emissions Trading Scheme) had the goods been produced in the EU.
Discussions between the EU and UK continue, including in relation to linking their respective Emissions Trading Scheme and CBAMs, with the aim of removing trade barriers between the EU and UK. Further information is available here: A renewed agenda for European Union – United Kingdom cooperation Common Understanding.
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