Housing (Miscellaneous Provisions) Act , 1979

1. Interpretation.

1.—(1)In this Act, save where the context otherwise requires—

“building society” means a society incorporated under the Building Societies Act, 1976;

“certificate of reasonable value” means a certificate granted under section 18 of this Act;

“house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “housing” shall be construed accordingly;

“improvement works”, in relation to a house, includes the provision and installation of a private water supply or private sewerage facilities in the house and any works carried out to the house (whether for the purpose of extending, enlarging, improving, repairing or converting it) that, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the house more suitable for human habitation, but does not include decoration;

“the Principal Act” means the Housing Act, 1966.

(2)References in the Principal Act, as amended, to a grant, loan or contribution under that Act shall be construed as including references respectively to a grant, loan or subsidy under this Act.

2. Devolution of administration of housing grants.

2.—(1)The Minister may, subject to such regulations as may be made by the Minister for the purposes of this section, authorise designated housing authorities to discharge on his behalf the function of paying grants of one or more, as may be specified in the regulations, of the kinds of grants that the Minister is empowered to pay under the Principal Act or this Act.

(2)Before making regulations under this section, the Minister shall consult with the Minister for Finance and the Minister for the Public Service and with a housing authority affected by the regulations.

(3)Regulations under this section may contain such provisions as the Minister considers necessary or expedient for the purposes of the section, including provisions in relation to the liability for payment of administrative costs incurred by a housing authority under the section.

3. Grants by Minister for expenses of certain bodies.

3.—F1[…]

4. Grants by Minister for provision of new houses.

4.—(1)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person providing a new house where—

(a)in case the person purchases the house, a contract for the purchase was not made before the 27th day of May, 1977, and

(b)in case the person builds the house, the foundations were not completed before the 27th day of May, 1977.

(2)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

(a)the amount of a grant,

(b)the total floor area of a house the subject of a grant, measured in such manner as may be determined by the Minister from time to time,

(c)a requirement that, where a house is provided for sale within the meaning of section 18 of this Act, a grant shall not be paid in respect of the house unless a certificate of reasonable value is granted under that section in respect of such sale and the conditions subject to which the certificate is granted are complied with,

(d)the occupation of the house,

(e)a requirement that the person to whom the grant is paid or the spouse of such person, either separately or with each other, has not previously purchased or built for his or their own occupation another house,

(f)requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and

(g)requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).

(3)A grant shall not be paid under this section unless the house the subject of the grant complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

(4)Where a house is damaged by fire, explosion or act of God and, in the opinion of the Minister, it would be more reasonable for the owner of the house to provide a new house than to carry out all necessary improvement works to the first-mentioned house and refusal by the Minister to pay a grant under this section in respect of the provision of the new house would cause undue hardship to the owner or his spouse, the Minister may, with the consent of the Minister for Finance, notwithstanding that a requirement of a regulation under this section in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section in respect of such provision if a grant would otherwise fall to be so paid.

F2[(5)Where—

(a)a person providing a new house is a person—

(i)whoseF3[marriage or civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010]has been dissolved or annulled by order of a court of competent jurisdiction, or

(ii)who is separated fromF3[his or her spouse or civil partner]under an order of such court or by deed of separation,

and

(b)the need of that person and his dependents (if any) for housing has been established to the satisfaction of the Minister, and

(c)refusal by the Minister to pay a grant under this section in respect of the provision of the new house would, in the opinion of the Minister, having regard to such circumstances as he considers appropriate, including any contribution made by the other spouseF4[or civil partner], cause undue hardship to that person or his dependents,

the Minister may, notwithstanding that a requirement in relation to matters specified insubsection (2) (e)of this section has not been complied with, pay a grant under this section if, but for such non-compliance, a grant would fall to be so paid.]

5. Grants by Minister for improvement of houses.

5.—(1)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person (including a housing authority) carrying out improvement works to a house.

(2)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

(a)the amount of a grant,

(b)requirements in relation to the suitability of the house concerned for improvement,

(c)the occupation of the house,

(d)requirements in relation to the type and purpose of the improvement works,

(e)requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and

(f)requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).

(3)A grant shall not be paid under this section unless the house the subject of the grant, upon completion of the works concerned, complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

6. Grants and other assistance by housing authorities for provision of new houses and improvement of houses.

6.—(1)A housing authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a grant to a person providing a new house or carrying out improvement works to a house.

(2)A housing authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make a contribution in kind (whether by way of building materials or labour or any other contribution) to a person in respect of improvement works which are being carried out by the person.

(3)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the matters referred to in sections 4 (2) and 5 (2) of this Act.

(4)Regulations under this section, insofar as they relate to a grant paid by a housing authority in respect of a house for which a grant has previously been paid by the Minister for the Gaeltacht, shall not be made without the consent of that Minister.

(5)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, contribute, out of moneys provided by the Oireachtas, to any expenditure incurred by a housing authority under this section.

(6)A grant shall not be paid, or other assistance given, under this section by a housing authority unless the house or works the subject of the grant or assistance complies or comply on completion with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

(7)A housing authority may impose, in relation to the payment of a grant or the giving of other assistance by them under this section, such conditions as they think fit.

(8)F6[…]

7. Grants by Minister for housing of elderly persons and others.

7.—F7[(1)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by theOireachtas, a grant to a body, approved of by the Minister for the purposes of this section, in respect of the provision (whether by erection, purchase, improvement or conversion works), of one or more than one house for the accommodation of elderly persons or such other class or classes of persons as may be specified in the regulations, or for the accommodation, as his normal place of residence, in the house or houses or within the precincts thereof, of a person providing welfare or caretaker services for such persons or such class or classes of persons.]

(2)Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the matters referred to in sections 4 (2) and 5 (2) of this Act.

(3)A grant shall not be paid under this section unless the house or works the subject of the grant complies or comply on completion with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

8. Loans by housing authorities for improvement of houses.

8.—F8[…]

9. Subsidies by Minister to housing authorities for provision of sites for private housing.

9.—F9[…]

10. Subsidies by Minister for houses provided by housing authorities for letting.

10.—F10[…]

11. Subsidies by Minister and housing authorities for purchase or construction of houses.

11.—(1)(a)The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a subsidy to a housing authority out of moneys provided by the Oireachtas where the authority—

(i)make a loan under section 39 of the Principal Act, or

(ii)sell a house under section 90 of the Principal Act to a person who is not the tenant of the house in a case in which the purchase money is payable by instalments.

(b)Where the Minister pays a subsidy under this subsection to a housing authority, the authority shall reduce the amount of the relevant repayments of the loan concerned or the relevant instalments of the purchase money concerned, as the case may be, by amounts the total of which is equal to the amount of the subsidy.

(2)(a)Where a housing authority—

(i)make a loan under section 39 of the Principal Act, or

(ii)sell a house under section 90 of the Principal Act to a person who is not the tenant of the house and the purchase money is payable by instalments,

the authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a supplementary subsidy not exceeding the amount of a subsidy under subsection (1) of this section to the person to whom the loan is made or the house is sold, as the case may be, in respect of expenditure incurred by him in relation to the transaction to which the loan or sale relates.

(b)A subsidy under this subsection shall be paid by means of a reduction of the relevant repayments of the loan concerned or the relevant instalments of the purchase money concerned, as the case may be, by amounts the total of which is equal to the amount of the subsidy.

(3)Regulations under this section may, in particular, but without prejudice to the generality of subsections (1) and (2) of this section, make provision in relation to all or any one or more of the following:

(a)the amount of a subsidy under subsection (1) of this section,

(b)the prohibition of the payment of a subsidy under this section to a person to whom, or to whose spouse F11[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], a subsidy under this section has previously been paid,

(c)a requirement that upon—

(i)the sale of a house by a person to whom a loan or sale specified in subsection (1) of this section is made in respect of that house,

(ii)the lease, letting or transfer of a house to which this section refers to a person other than the spouse, parent, son or daughter of such person as aforesaid, or

(iii)the redemption of a loan made under section 39 of the Principal Act or the payment of the purchase money, in relation to a sale under section 90 of the Principal Act,

within a specified period after the payment of a subsidy under this section in relation to the relevant loan or sale, as the case may be, the person shall pay to the housing authority a specified amount not exceeding the amount of the subsidy or subsidies, and the authority shall pay to the Minister a specified amount not exceeding the amount of the subsidy paid under subsection (1) of this section.

12. Subsidies by Minister for certain loans guaranteed by housing authorities.

12.—F12[…]

13. Duty of housing authorities in certain circumstances to put houses into good structural condition.

13.—F13[…]

14. Amendment of section 5 of Principal Act.

14.—Section 5 of the Principal Act is hereby amended as respects regulations made after the commencement of this section by the insertion of the following subsection:

15. Amendment of section 33 of Principal Act.

15.—F14[…]

16. Amendment of section 60 of Principal Act.

16.—F15[…]

17. Amendment of section 90 of Principal Act.

17.—F16[…]

18. Certificates of reasonable value.

18.—(1)(a)Subject to subsection (3) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister, on the application in writing of a person who appears to the Minister to be providing for sale a new house, may, subject to compliance by the person with the provisions of this section, grant to the person in respect of the sale of the house a certificate (which shall be known as a certificate of reasonable value and is in this section referred to as “a certificate”) stating that the house appears to the Minister at the time of the granting of the certificate and on the basis of the information available to the Minister at that time to represent reasonable value for the amount specified in the certificate, and specifying such other matters, if any, as the Minister considers appropriate.

(b)The Minister may, on the application in writing of a person in relation to a new house, if it appears to the Minister that the house is not being provided for sale, grant to the person a certificate (which shall be known as a certificate of exemption) stating that it so appears to the Minister.

(c)An application under this subsection shall be accompanied by a fee of such amount as may be prescribed from time to time for the purposes of this subsection.

(2)(a)Regulations for the purposes of this subsection may specify the loans to which this subsection applies, and the specification may relate to all loans or to loans that do not exceed a specified amount or to loans that are not less than a specified amount or to loans that do not exceed a specified amount and are not less than another specified amount.

(b)If and whenever regulations for the purposes of this subsection specifying the loans to which this subsection applies are in force, a loan so specified shall not be made by an assurance company, a bank, a building society, or other industrial or commercial organisation or a housing authority (hereinafter referred to as “the lender”) in respect of a new house unless the person who made the application for the loan furnishes to the lender either a certificate in respect of the sale of the house, or a certificate of exemption in respect of the house, and the provisions of any regulations for the purposes of this subsection are complied with.

(c)A person who contravenes paragraph (b) of this subsection shall be guilty of an offence.

(3)The Minister shall not grant a certificate in respect of the sale of a house—

(a)if the amount of the consideration for the sale (in this section subsequently referred to as “the price”) is greater than the greatest amount for which, in the opinion of the Minister, the house represents reasonable value, or

(b)if the price is greater than an amount standing prescribed for the time being under subsection (9) (g) of this section, or

(c)if the sale is completed before the date of the receipt by the Minister of an application for the certificate, or

(d)if the amount of the cost or value of the site of the house included in the price is greater than an amount standing prescribed for the time being under subsection (9) (h) of this section.

(4)(a)The Minister may refuse to grant a certificate in any case where the amount of the cost or value of the site of a house included in the price is greater than the amount for which the site appears to the Minister to represent reasonable value.