Dublin Reconstruction (Emergency Provisions) Act , 1924

1 Acquisition and substitution of land compulsorily for the purpose of street improvements.

1.—(1) Where the right honourable the Lord Mayor, aldermen, and burgesses of Dublin (in this Act referred to as “the Corporation”) require to purchase land under the Public Health (Ireland) Acts, 1878 to 1919, for the purpose of widening, opening, enlarging, extending or otherwise improving streets in the City of Dublin in connection with the reconstruction of areas, streets, houses or buildings destroyed or damaged in the course of the recent disturbances, they may be authorised to purchase the land compulsorily by means of an order submitted to the Minister and confirmed in accordance with the Schedule to this Act.

(2) Any such order may for the purpose of enabling the Corporation to widen an existing street authorise the Corporation to acquire compulsorily any lands (hereinafter called “the acquired lands”) more remote from such street than the premises actually fronting upon the street, and such order may provide that when the acquisition of the acquired lands is completed, the respective interests in the lands (hereinafter called “the intervening lands”) situate between the street and the acquired lands shall cease to attach to the same and shall attach instead to the lands (including the necessary portions of the acquired lands) exactly corresponding in area, lay out, and situation with relation to the new frontage of the widened street and any street intersecting or intersectedby the same, which last-mentioned lands are hereinafter called the “substituted lands.”

(3) As from the coming into operation of the said order with reference to the respective interests in the intervening lands, every grant, conveyance, and assurance relating to any portion of the intervening lands and every interest, legal and equitable, in the same shall affect the corresponding portion of the substituted lands as if such portion were the land originally dealt with in such grant, conveyance, or assurance, or affected by such interest.

(4) Every order made under this section shall be registered in the proper office for the registration of deeds or titles, as the case requires, in such manner as may be prescribed.

(5) The procedure under this section for the compulsory purchase of land shall be substituted for the procedure for the compulsory purchase of land under section two hundred and three of the Public Health (Ireland) Act, 1878.

2 Narrow and inconvenient sites.

2.—(1) If in the opinion of the Corporation and the Minister the site or sites of one or more buildings which were destroyed in the recent disturbances is or are, by reason of narrowness of frontage or inconvenient arrangement, incapable of being built upon so as to harmonise with the general scheme for the reconstruction of the area, the Corporation may be authorised to purchase such site or sites compulsorily by means of an order submitted to the Minister and confirmed in accordance with the Schedule to this Act.

(2) Any order authorising the Corporation to purchase compulsorily a site or sites under this section may provide that any portion or portions of such site or sites shall be deemed to be acquired, intervening or substituted lands as the case may be, and the provisions of section 1 of this Act shall apply to such portions where so acquired as if they were acquired, intervening or substituted lands under that section.

(3) Subject to the provisions of sub-section (2) of this section the Corporation shall sell or let any site or sites acquired under this section in one or more lots suitable to the general reconstruction scheme, by public auction or, with the sanction of the Minister, by private treaty.

3 Preservation of amenity.

3.—(1) A person (in this section referred to as “the building owner”) who proposes to erect a new building on the site of a building which has been damaged or destroyed in the course of the recent disturbances or to reconstruct or alter a building which has been damaged as aforesaid, or at any time to erect a new building or to reconstruct or alter an existing building in Upper Sackville Street or Lower Sackville Street (commonly known as “Upper O'Connell Street” or “Lower O'Connell Street” respectively) shall, in addition to any plans and sections of the proposed work which are required by the bye-laws of the Corporation to be delivered at the office of the town clerk, deliver at the same time and place elevations on the same scale as that of the plans and sections and shall furnish to the city architect, if and when so requested by him, any detailed drawings or other particulars which the city architect may consider reasonably necessary for the further explanation of the documents delivered.

(2) If it appears to the city architect, having regard to the nature and situation of the site of the proposed new building, or of the building proposed to be restored or altered, or the external design of any buildings erected or in the course of erection in the neighbourhood of that site, that the character of the proposed new building, restoration, or alteration is such as would be injurious to the amenity of the street which the front of the proposed new building or the building proposed to be restored or altered faces, whether on account of the proposed external design, the proposed line of frontage, or the materials proposed to be used in the external walls facing that street or in any portion of the building which will be visible from that street, he may require such reasonable alterations to be made as respects the design, line of frontage, and materials as he thinks proper, and may require the plans, sections and elevations to be amended accordingly. The front of a building at the corner of two streets shall be deemed to face each street for the purposes of this section.

(3) A requirement of the city architect under this section shall not have effect unless notice thereof in writing is delivered or sent by post to the building owner within one month after the day on which the plans, sections, and elevations are delivered as aforesaid, or within fourteen days after the day on which the further particulars (if any) are furnished as aforesaid, whichever period expires later.

(4) If any dispute or difference arises as to the reasonableness of any requirement of the city architect under this section the matter in dispute shall be settled by arbitration between the Corporation and the building owner, and the Corporation shall appoint the city architect or a person nominated by him to be arbitrator on their behalf, and the building owner shall appoint an arbitrator on his behalf, and section two hundred and seventeen of the Public Health (Ireland) Act, 1878, shall apply with respect to the arbitration as it applies with respect to arbitrations under that Act, subject to the following modifications:—

(a) any reference to that Act shall be construed as a reference to this Act;

(b) in considering the reasonableness of any requirement, the arbitrators or umpire may take into account the expenses which would be incurred in complying with the same and a requirement that any material or materials shall be supplied from any specified source of supply shall be deemed to be unreasonable;

(c) the arbitrators or umpire shall have power to make such modifications of any requirement of the city architect as seem proper, and the requirement as so modified shall be deemed to be a requirement of the city architect under this section;

(d) the powers of the arbitrators and umpire as to the costs shall include a power to direct to and by whom and in what manner the, costs (including solicitor and client costs) or any part thereof are to be paid;

(e) the appointment of an arbitrator on behalf of the Corporation may be made by any committee of the Corporation to which that power is delegated and need not be under seal.

(5) Subject to the provisions of the last preceding sub-section a requirement of the city architect under this section shall be enforceable under the Public Health (Ireland) Acts, 1878 to 1919, in the same manner as if it were a proper requirement contained in byelaws of the Corporation relating to buildings, and as if the notice of the requirement were a notice of disapproval of the proposed work given by the Corporation in pursuance of the bye-laws, and as if the execution of the work, otherwise than in accordance with the requirement, were an offence against those byelaws, and its continuance in such a form and state as to be in contravention of the requirement were a continuing offence.

(6) Anything to be done or omitted in relation to any building in order to comply with a requirement of the city architect under this section may be done or omitted notwithstanding any covenant condition or provision to the contrary in any lease, mortgage, or other instrument affecting the building or the land on which it is erected, and the act or omission shall be deemed not to be a breach, non-performance, or contravention of any such covenant, condition, or provision.

(7) Where a requirement of the city architect under this section necessitates an alteration of the former frontage line the provisions of section thirty-nine of the Public Health (Ireland) Act, 1878, as to compensation shall apply in like manner as if the new frontage line had been prescribed by the Corporation under that section.

(8) The Corporation may on the recommendation of the city architect relax or waive any byelaws of the Corporation relating to buildings where and so far as such relaxation or waiver is necessary in order to enable a joint plan of reconstruction to be carried out in relation to two or more buildings subject to the consent of the owners of these buildings, but, save as aforesaid, the provision of this section shall be in addition to and not in derogation of any byelaws of the Corporation relating to buildings.

4 Unsuitable premises on new street frontages.

4.—(1) In this section the expression “site fronting on an improved street” means any plot, the property of the same person or persons, either directly adjoining any land acquired by the Corporation under this Act for the purpose of improving a street, or between which and such land no building intervenes.

(2) If, on the application of the Corporation, the Minister is satisfied in respect of any site fronting on an improved street that for the general scheme of reconstruction of the area it is necessary either—

(a) to remove any existing building on such site, or

(b) to erect a new building on such site, or

(c) to reconstruct or alter any existing building on such site,

he may make an order requiring such removal, erection, reconstruction or alteration to be carried out.

(3) Before making an order under the preceding sub-section in respect of any site, the Minister shall give at least one month's notice to, and shall consider any representations made by, the owners, lessees and occupiers of such site.

(4) The provisions of section 3 of this Act shall apply to the erection of any new building on a site fronting on an improved street as if such site were the site of a building which has been damaged or destroyed in the course of the recent disturbances; and to the reconstruction or alteration of such a building as if such building were an existing building in Upper Sackville Street or Lower Sackville Street (commonly known as “Upper O'Connell Street” and “Lower O'Connell Street” respectively).

(5) Any reconstruction or alteration of a building or any erection of a new building on a site fronting on a new street in pursuance of an order under this section may be carried out notwithstanding that it interferes with any right to light or other easement, but compensation shall be paid to the persons interested in the land to which such right or easement is attached.

(6) Any compensation payable under this section shall be—

(a) fixed by an arbitrator under the rules set out in the Schedule to this Act in the like manner as the compensation mentioned in those rules is to be fixed thereunder, and any appreciation in the value of the land to which the easement is attached by reason of the general reconstruction of the area shall be taken into consideration in fixing such compensation;

(b) paid by the owner of the building by which the right or easement is interfered with and shall in addition be a first charge on such building.

5 Loans in aid of expenses of reconstruction.

5.—(1) Subject to the provisions of this section the Corporation may advance money on the security of the ownership of the site of any house or building which has been damaged or destroyed in the course of the recent disturbances for the purpose of enabling the house or building to be rebuilt or restored in such manner as will comply with the requirements of any existing bye-laws of the Corporation and any requirements of the city architect under this Act.

(2) The advance shall not exceed the difference between the amount which the Minister certifies to be the total cost of rebuilding or restoring the house or building in such manner as aforesaid, together with any legal expenses necessarily incurred in proceedings under section 5 of this Act and the amount of the compensation granted out of public moneys in respect of the destruction or damage of or to the house or building, and no advance shall be made unless such compensation has been granted and unless the Minister certifies that the advance is necessary for the purpose aforesaid.

(3) The advance shall be repayable within such period, with interest at such rate and by such instalments or otherwise as may be agreed upon subject to the sanction of the Minister, but the rate of interest shall not be more than ten shillings above the rate at which the Corporation can at the date of the advance borrow money for the purpose and the term of repayment shall be a term not greater than the term for which the Corporation can so borrow: Provided that in the case of an advance in several sums successively the foregoing provisions as to the term of repayment and as to the rate of interest shall have effect as respects each sum advanced as if it were a separate advance:

Provided also, that the balance of any such advance outstanding at any time, or any part thereof being fifty pounds or a multiple of fifty pounds may be repaid by the borrower on giving six months' notice in writing to the Corporation.

(4) Subject to the provisions of this Act the repayment of the advance and interest as aforesaid shall be secured by a mortgage of the site of the house or building in such form as may be approved by the Minister. Such mortgage may contain provisions for authorising the advance to be made in several sums successively as the work of rebuilding or restoration proceeds, and for ensuring that the advance will be applied in defraying the expenses of that work and such other provisions as the Minister deems necessary, and no money shall be advanced unless, and until the Minister certifies that he is satisfied that the value of the estate or interest assured by the mortgage is sufficient security for the repayment of the advance, and that the title to the estate or interest so assured is one which an ordinary mortgagee would be willing to accept: Provided that the Minister shall not issue a certificate under this sub-section without giving notice to the Corporation of his intention to issue such certificate and considering any representations they may make in that behalf.

(5) The Corporation may exercise all the powers and remedies for recovery of the principal money and interest which are expressed in the mortgage or implied therein by law.

(6) An application for an advance in accordance with the provisions of this section shall not be refused, except where and so far as the Corporation, in the opinion of the Minister, cannot borrow money for the purpose on reasonable terms.

(7) In this section the expression “ownership” in relation to the site of a house or building means such interest or combination of interests as constitutes an estate in fee simple or fee farm in possession or a leasehold interest in possession under a lease for lives or years renewable for ever or a lease for a term of at least ninety years unexpired at the date of the mortgage.

6 Loans secured by charging order.

6.—(1) Where a person desirous of obtaining an advance under the last preceding section is not in a position to secure the repayment of the advance in accordance with the provisions of that section owing to defective title or the insufficiency of his estate or interest in the site or of the value of that estate or interest, and the other persons whose concurrence is necessary in order to remedy or remove the defect or insufficiency are unable or unwilling to concur in securing the advance, he may apply to a Judge of the High Court for an order charging the ownership of the site and any interest therein with the repayment of the advance with interest.

(2) On any such application the Judge may direct such inquiries and investigations as he thinks proper for the purpose of ascertaining the title to the ownership of the site and the values of the several estates and interests therein, and if after giving to all persons interested an opportunity of being heard it appears to him that the advance would enure to the benefit of other estates or interests as well as the estate or interest of the applicant, and that all those estates and interests afford together sufficient security for the advance he may make an order charging all such estates and interests and every of them with the repayment of the advance with interest, and may by the same or any other order apportion the advance, interest, and instalments as between the several estates and interests charged in proportion to the benefit accruing from the advance to the owners of those estates and interests respectively.

(3) Subject to the limitations imposed by the last preceding section the amount of the advance, the rate of interest, and the term and method of repayment shall be at the discretion of the Judge.

(4) Provision may be made by the charging order for ensuring that the advance will be applied in defraying the expenses of the work of rebuilding or restoration and for any other matters for which, in the opinion of the Judge, provision ought to be made.

(5) A charging order shall be effectual to charge every estate and interest expressed to be charged with the repayment to the Corporation of the advance with interest in the manner therein provided as a first charge in priority to all charges and incumbrances thereon.

(6) Where the Judge makes an apportionment order he may, if he thinks fit, declare that the whole of the principal money, interest, and instalments for the time being payable under the charging order shall, in the first instance, be paid by and recoverable from the owners for the time being of any estate or interest in the site which he may specify, and may provide for contribution and adjustment of rights and liabilities as between the several estates and interests charged and the several owners thereof for the time being in such manner as appears to him to be equitable.