LegalizeS.I. No. 296/1980 - Housing Regulations, 1980
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
25 amending acts · 2019-12-23, Housing (Regulation of Approved Housing Bodies) Act 2019
- (ii) in case the house is not so occupied, to any person, with the consent of the Minister,
- (g) (i) in the financial year 1977 and subsequent financial years, the rents and miscellaneous receipts derived from the letting of houses provided by the authority, together with such proportion as may be specified by the Minister of the proceeds of houses purchased from the authority (irrespective of whether the houses were purchased before or after the date of the making of these Regulations or whether or not the purchase price is paid by way of annuities, instalments of purchase repayments, lump sums, redemptions, fines or otherwise) shall be credited to the current revenue account of the authority in respect of houses provided by them,
- (ii) the proportion for the purposes of sub-paragraph (i) shall not exceed, in the case of the financial years, 1977 and 1978, 60%, in the case of the financial year 1979, 50%, and in the case of the financial year 1980, 45%,
- (h) the authority shall contribute from the municipal or county fund, as the case may be, insofar as it may be necessary to meet the costs incurred by them in respect of—
- (i) the maintenance and improvement of houses provided by them, which have not been purchased, and
- (ii) the management of houses provided by them, irrespective of whether or not the houses have been purchased, and
- (i) the remainder of the proceeds of houses purchased from the authority, which have not been credited to the current revenue account mentioned in paragraph (g), shall be applied by the authority for the purpose of making loans under section 39 of the Act of 1966 or for such other capital purpose as may be approved of by the Minister.
65 Subsidies not payable
65.
65. Subsidy shall not be paid for the provision of a new house where a subsidy (other than a subsidy under section 44 of the Act of 1966) or a grant has been paid under any enactment (including the Act of 1979) for such a house.
PART X Subsidies by Minister and housing authorities for purchase or construction of houses
66 Scope of Part X
66.
66. This Part shall apply to subsidies payable by the Minister and housing authorities under section 11 of the Act of 1979.
67 Subsidies by Minister
67.
67. (1) A subsidy where the authority make a loan under section 39 of the Act of 1966 shall be payable only where the loan is made on or after the 22nd day of November, 1976 to a person coming within the scope of paragraph (a), (b) or (c) of article 33(1).
- (2) A subsidy where the authority sell a house under section 90 of the Act of 1966 on or after the 22nd day of November, 1976 to a person who is not the tenant of the house shall be payable only where the house is a new house and the purchase money is payable by instalments.
68 Amounts of subsidies under article 67
68.
68. (1) In the case of the construction of a house the foundations of which were completed before the 1st day of February, 1980 or where the contract for the acquisition of a house was made before the 1st day of February, 1980, the amount of a subsidy payable in accordance with article 67 shall not exceed—
- (a) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is not less than £5,600, £234 in the first year, £208 in the second year and in each succeeding year, up to and including the ninth year, the amount of the subsidy in the previous year diminished by £26 per year,
- (b) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is less than £5,600, the amount which bears the same relation to the amount of the loan or the amount payable in instalments that £234 bears to £5,600 and in each succeeding year up to and including the ninth year, such amount reduced by one-ninth each year.
- (2) In the case of the construction of a house the foundations of which were not completed before the 1st day of February, 1980 or where the contract for the acquisition of a house was not made before the 1st day of February, 1980, the amount of subsidy payable in accordance with article 67 shall not exceed the following amount—
- (a) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is not less than £5,600, £312 in the first year, £277.68 in the second year and in each succeeding year, up to and including the ninth year, the amount of the subsidy in the previous year diminished by £34.32 per year,
- (b) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is less than £5,600, the amount which bears the same relation to the amount of the loan or the amount payable in instalments that £312 bears to £5,600 and in each succeeding year up to and including the ninth year, such amount reduced by one-ninth each year.
69 Subsidies by housing authorities
69.
69. (1) Where a subsidy is paid by the Minister to a housing authority in accordance with article 67, the authority may pay a supplementary subsidy to the person to whom the loan is made or the house is sold, as the case may be.
- (2) The amount of the supplementary subsidy shall not exceed the amount of the subsidy paid by the Minister in accordance with article 67.
70 Previous subsidies
70.
70. A subsidy in accordance with article 67 or a supplementary subsidy in accordance with article 69 shall not be paid to a person to whom, or to whose spouse, a subsidy under section 11 of the Act of 1979 has previously been paid.
71 Recoupments of subsidies to Minister
71.
71. Where a person makes a payment to a housing authority in accordance with article 47 or under a condition or term contained in a transfer order under section 90 of the Act of 1966, the authority shall recoup to the Minister an amount which is calculated as follows—
- (a) in case the authority made a payment to the person in accordance with article 69, an amount which bears the same relation to the payment by the person that the payment in accordance with article 67 bears to the payments in accordance with articles 67 and 69,
- (b) in case the authority did not make a payment to the person in accordance with article 69, an amount equal to the payment made by the person.
PART XI Subsidies by Minister to building societies
72 Scope of Part XI
72.
72. This Part shall apply to subsidies payable by the Minister under section 12 of the Act of 1979 to building societies.
73 Definition
73.
73. In this Part, "home loan" means a loan made by a building society to enable the borrower to provide a house and occupy it as his normal place of residence.
74 Interest subsidies
74.
74. A subsidy to a building society in respect of interest payable for any period commencing on or after the 1st day of June, 1977, on a loan that was made by the society for the provision of a house and which was guaranteed by a housing authority under section 42 of the Act of 1966 shall be payable only where the house was, at the date of the making of the loan, a new house.
75 Amounts of subsidies
75.
75. The amount of a subsidy shall not exceed—
- (a) in respect of the period commencing on the 1st day of June, 1977 and ending on the 4th day of July, 1977, an amount equal to the difference between the amount which would be payable in respect of the capital outstanding on the loan calculated by reference to the interest rate charged generally by the building society on home loans and the amount which would be payable in respect of such capital sum calculated by reference to an interest rate of 10%,
- (b) in respect of the period commencing on the 5th day of July, 1977, an amount equal to the difference between the amount which would be payable in respect of the capital outstanding on the loan calculated by reference to the interest rate charged generally by the building society on home loans and the amount which would be payable in respect of such capital sum calculated by reference to an interest rate of 9%.
76 Limitations on payment of subsidies
76.
76. A subsidy shall be payable only for the duration of the period during which the loan is repayable, or the period during which the house is occupied by the borrower, whichever period is the shorter.
PART XII Certificates of reasonable value
77 Scope of Part XII
77.
77. (1) This part shall apply in respect of certificates of reasonable value and certificates of exemption under section 18 of the Act of 1979.
- (2) In this Part, "a certificate" means a certificate of reasonable value.
78 Loans to which section 18 (2) of Act of 1979 applies
78.
78. (1) Subject to sub-article (2), section 18(2) of the Act of 1979 shall apply to all loans in respect of new houses, other than loans in respect of the purchase of flats or maisonettes in a building of two or more storeys.
- (2) The provisions of section 18(2) of the Act of 1979 shall not, notwithstanding the provisions of sub-article (1), apply as respects—
- (a) a loan where the contract for the sale of the house was made before the 1st day of March, 1980 and the application for the loan was made before the date of the making of these Regulations, or
- (b) a loan made to a person carrying on the trade of building where the loan is for the purposes of enabling him to carry on his trade.
79 Documents to accompany applications
79.
79. An application to the Minister for a certificate shall be accompanied by —
- (a) evidence that permission or outline permission and approval under the Local Government (Planning and Development) Acts, 1963 and 1976 has been granted in respect of the house,
- (b) floor plans, elevations and sections of the house, drawn to a scale of not less than 1:50,
- (c) a site plan showing the location of the house,
- (d) detailed specifications of workmanship and materials to be used in the construction of the house,
- (e) details of such fixtures, fittings and other articles as are included with the house in the sale, their design, manufacture and finish, their nature and quality and the fitting or installation of such fixtures, fittings and articles,
- (f) particulars of the cost of the acquisition of the site by the applicant, and of the date of such acquisition, and
- (g) a notification of the amount of the consideration for the sale of the house (in this Part subsequently referred to as "the price").
80 Additional information
80.
80. Without prejudice to the generality of section 18(7) of the Act of 1979, the Minister may, having examined the documents accompanying the application made in accordance with article 79, require the person making the application to supply such other information relating to the price or any or all of the constituent elements thereof as he considers necessary for the purposes of determining the application.
81 Price variation clauses
81.
81. Where a certificate provides for the variation of the price for the sale of a house to take into account the reasonable additional cost, or saving, caused by variations in the cost of the provision of the house, the effect of such variation shall not be less advantageous to the purchaser than the effect of the Clause set out in the Third Schedule.
82 Fees
82.
82. (1) The fee accompanying an application for a certificate shall be, as follows—
- (a) in case the application relates to one house only, £20,
- (b) in case the application relates to more than one house, £20 plus £5 in respect of each house exceeding one.
- (2) The fee accompanying an application for a certificate of exemption shall be £3.
PART XIII Miscellaneous
83 Letting of houses by housing authorities
83.
83. (1) Every letting by a housing authority of a house by virtue of section 58 of the Act of 1966 shall be made subject to the following conditions—
- (a) the tenancy shall be a weekly tenancy,
- (b) the sum for rent and any charges for services shall be paid punctually on the due dates,
- (c) the tenant shall not assign, sub-divide or part with the possession of the house or any part thereof or, without the consent of the authority, sublet or allow any part of the house to be occupied by a lodger,
- (d) the tenant may, with the consent of the authority, exchange his tenancy of the house for the tenancy of another house provided by a housing authority,
- (e) the tenant shall not, save with the consent of the authority, cease to reside in the house for more than six weeks in any period of 52 weeks,
- (f) the house shall not be used as a shop, workshop or factory or for any purpose whatever other than as a dwelling,
- (g) no trading signs of any description shall be erected or displayed on or about the house, without the consent of the authority,
- (h) the tenant shall not cause any damage to the house and shall keep it in a clean and proper state, and shall not allow any refuse or offensive matter to accumulate in any portion of it,
- (i) the tenant shall not cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to his neighbours,
- (j) where the house is let by a housing authority which is a county borough corporation, borough corporation, urban district council or a town having commissioners under the Towns Improvement (Ireland) Act, 1854, the tenant shall not keep any poultry, pigs or other animals (other than domestic pets which are not likely to create a nuisance or become a source of annoyance) on the premises without the consent of the authority,
- (k) where a house is let by an authority which is a county council, the tenant shall not keep any poultry, pigs or other animals (other than domestic pets which are not likely to create a nuisance or become a source of annoyance) on the premises if required to refrain from so doing by the authority,
- (l) the tenant shall not execute any additions, alterations, improvements or other works in, or in relation to, the house (including the erection of any shed, garage, out-office or other building) without the consent of the authority,
- (m) the tenant shall be responsible for all internal decoration and any breakage of glass in the windows and any damage to the fixtures or fittings of the house and for the proper maintenance of fences of the garden or plot and shall cause to be made good any damage or breakage without delay and where such damage or breakage is made good by the authority, shall pay the cost to the authority,
- (n) the tenant shall allow authorised officers and servants of the authority to enter and inspect the house at all reasonable times and to carry out thereon any necessary works,
- (o) the tenant shall, on the termination of the tenancy, peaceably and quietly deliver up possession of the house to the authority,
- (p) the authority shall have a right to re-enter upon and resume possession of the house for breach, non-performance or non-observance of any of the provisions of the letting agreement,
- (q) the tenancy may be terminated at any time on the giving of one week's notice by the tenant or the authority, and
- (r) notice to quit may be served by the authority on the tenant either personally or by leaving it with some person over 16 years of age resident or employed in the house or by leaving it at the house.
- (2) Every housing authority shall make arrangements for the inspection from time to time of houses let by the authority and shall obtain and consider reports from rent collectors and any other authorised officers or servants regarding the state of repair of the houses, the manner in which the houses are maintained by the tenants and any breach, non-performance or non-observance of any provisions of letting agreements on the part of the tenants.
84 Fee for purposes of section 13 of Act of 1979
84.
84. A fee of five pounds is prescribed for the purposes of section 13(8) of the Act of 1979.
85 Forms of transfer orders for purposes of section 90 of Act of 1966
85.
85. (1) The transfer order for the purposes of section 90 of the Act of 1966, as modified by section 4 of the Landlord and Tenant (Ground Rents) Act, 1978 (No. 7 of 1978), shall be in the form set out in Part 1 of the Fourth Schedule or in a form substantially to the like effect.
- (2) The transfer order for the purposes of section 90 of the act of 1966, as extended by section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), shall be in the form set out in Part II of the Fourth Schedule or in a form substantially to the like effect.
Article 5
FIRST SCHEDULE
Regulations revoked
| Number and Year | Title |
| 117 of 1963 | Private Water Supplies and Sewerage Facilities Regulations, 1963. |
| 29 of 1972 | Housing Authorities (Loans for Acquisition or Construction of Houses) Regulations, 1972. |
| 30 of 1972 | Private Water Supplies and Sewerage Facilities (Amendment) Regulations, 1972. |
| 250 of 1973 | Housing Authorities (Loans for Acquisition or Construction of Houses) (Amendment) Regulations, 1973. |
| 276 of 1974 | Housing Authorities (Borrowing and Management) Regulations, 1974. |
| 143 of 1976 | Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1976. |
| 40 of 1977 | Housing Authorities (Loans for Acquisition or Construction of Houses) (Amendment) Regulations, 1977. |
| 293 of 1977 | Housing Authorities (Loans for Acquisition or Construction of Houses) (Amendment) (No. 2) Regulations, 1977. |
| 185 of 1978 | Private Water Supplies and Sewerage Facilities (Amendment) Regulations, 1978. |
| 270 of 1978 | Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1978. |
| 337 of 1978 | Housing Authorities (Loans for Acquisition or Construction of Houses) (Amendment) Regulations, 1978. |
SECOND SCHEDULE
Islands to which articles 7, 19, 31, 33 and 51 apply
| Part 1 | Part II |
| County Cork | County Clare |
| Clear | Canon |
| Coney | |
| County Donegal | Inishloe |
| Inishmacowney | |
| Aran | Inishmore |
| Gola | Saint's |
| Inishbofin | |
| Inishfree Upper | County Cork |
| Inishirrer | |
| Inishmaan | Bear |
| Owey | Dursey Hare |
| Tory | Long |
| County Galway | Sherkin |
| Whiddy | |
| Dinish | |
| Incha Mackinna | County Galway |
| Inishbarra | Inishbofin |
| Inisheer | |
| Inisherk Inishmaan | County Kerry |
| Inishmore | Beginish |
| Inishtravin | Dinish |
| County Kerry | County Mayo |
| Inishvickillane | Annagh |
| The Great Blasket | Clare |
| Clynish | |
| County Mayo | Illanataggart |
| Inishbiggle | Inishcottle |
| Inishgort | |
| Inishlyre | |
| Inishnakillew | |
| Inish turk | |
| County Sligo | |
| Dernish | |
| Inishmulclohy |
THIRD SCHEDULE
Price Variation Clause for purposes of article 81
If, on or after the date stated in the certificate of reasonable value as being the operable date of the price variation clause, the cost to the person providing the house for sale of labour and materials used in the construction of the house changes, such person shall be entitled to charge in addition to, and where the changes result in a reduction of cost he shall deduct from, the price specified in the certificate an appropriate sum in respect of such changes. For the purpose of determining the amount of the appropriate sum, the changes in the cost of labour and of material shall be calculated in accordance with changes in the index of labour and material costs in house building (otherwise known as the House Building Cost Index and hereinafter referred to as "the Index") published from time to time by the Minister. Such calculation shall be made, as follows—
Where the house is commenced on or after the operable date, find the aggregate of the monthly changes in the Index between the month in which falls the day immediately preceding the operable date and the month in which work commences.
Find the average effect of the monthly changes in the Index by calculating the aggregate of the products of each monthly change and the number of months of the construction period during which or part of which such change has effect and by dividing this aggregate by the number of months comprising the period between the month in which falls the date of commencement of the house or the day immediately preceding the operable date, whichever is the later, and the month in which falls the date of completion, both such months being included.
Find the sum of the figures obtained at 1 (if any) and 2 above.
Express the figure obtained at 3 above as a percentage of the Index number ruling in the month in which falls the day immediately preceding the operable date.
Apply the percentage obtained at 4 above—
- (a) to the total cost of labour employed and materials used in the construction of the house;
or
- (b) if the house had commenced before the operable date, to the total cost of labour and materials in the work remaining to be carried out on or after the operable date.
The amount obtained at 5 above shall be the appropriate sum.
Article 85
FOURTH SCHEDULE
PART I FORM OF TRANSFER ORDER
Housing Act, 1966 (Section 90)
Landlord and Tenant (Ground Rents)
Act, 1978 (section 4)
TRANSFER ORDER
| of ............................................................ ....................................^1 |
| County |
| County Borough |
| Borough |
| Urban District |
| Town |
| 1. In consideration of ^2............................................................ ............................................... ............................................................ ............................................................ ............... the ^3............................................................ ............................................................ ...............(hereinafter referred to as the housing authority), in exercise of the powers conferred on them by section 90 of the Housing Act, 1966 , and section 4 of the Landlord and Tenant (Ground Rents) Act, 1978 HEREBY VEST on the ..................day of ..................... 198................... the house described in Schedule A to this Order in^4............................................................ ... ............................................................ ......of............................................................ ............................................................ ............................................................ ................................. (hereinafter referred to as "the purchaser" which expression where the context so admits includes his successor in title) in fee simple^5 (or for the term of....................years from the said....................day of .....................198.............. subject to a rent of 5p per annum (if demanded)^6 and) subject to the terms, conditions and special conditions herein specified. |
| 2. (a) The sum of £ ........... being the purchase money for the said house shall be a charge on the said house and be paid to the housing authority by the purchaser in the manner set out in Schedule B hereto. (b) There shall also be charged on the said house the appropriate amount specified in Schedule C hereto to be paid to the housing authority in the event specified in such Schedule.^7 |
| 3. The following special condition shall apply to the house:^8 |
| Payment in respect of the purchase money for the said house shall be made punctually on the due dates. |
| 4. The following special conditions shall apply to the house for a period of............... years from the date of vesting of the house:^9 |
- (a) the house shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;
- (b) the house or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.
The following conditions shall apply to the house:^10
The charge at 2(a) above and the contingent charge in Schedule C hereto created in favour of the housing authority shall be registered as burdens on the property described in this transfer order. ^11
SCHEDULE A Description of house ^12
SCHEDULE B^13 Manner for repayment of purchase money
SCHEDULE C^7
In the event of—
- (a) the sale of the house by the purchaser,
- (b) the lease, letting or transfer of the house to a person other than the spouse, parent, son or daughter of the purchaser, or
- (c) the payment of the balance of the purchase money in relation to the sale under section 90 of the Housing Act, 1966 ,
the appropriate amount to be charged on the house shall, where the event occurs—
- (i) during the period of nine years from the date of vesting specified in paragraph 1 of this Transfer Order, be a sum equivalent to the difference between the total amount that would have been payable up to the date of redemption or transfer if the repayments had not been reduced and the amount paid by reason of the reduction,
- (ii) during the tenth year from the date of vesting specified in paragraph 1 of this Transfer Order, be four-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,
- (iii) during the eleventh year from the date of vesting specified in paragraph 1 of this Transfer Order, be three-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,
- (iv) during the twelfth year from the date of vesting specified in paragraph 1 of this Transfer Order, be two-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,
- (v) during the thirteenth year from the date of vesting specified in paragraph 1 of this Transfer Order, be one-fifth of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction.
The official seal of the housing authority was affixed hereto in the presence
of
| ......................................................... | Signed................................................... |
| Date...................................................... |
Directions for completing this form
Insert name of functional area of housing authority.
Insert consideration e.g. "£...................... (................... pounds)".
Insert name of housing authority.
Insert name and address of purchaser.
The vesting of a house, other than a flat described in note 6, should be in fee simple in accordance with the Landlord and Tenant (Ground Rents) Act, 1978 .
Vesting for a term of years may only be effected in the case of a separate and self-contained flat in premises divided into two or more such flats.
Paragraph 2(b) and Schedule C should be inserted only where a new house is being sold to a person other than the tenant thereof and the person concerned obtains a subsidy under section 11 of the Housing (Miscellaneous Provisions) Act, 1979 .
Delete special condition where the purchase money is paid in full before the making of the transfer order.
The special conditions (a) and (b) in paragraph 4 shall be included only where a house is sold to a tenant thereof. In the case of houses sold in fee simple, special conditions (a) and (b) shall apply for a period of 25 years from the date of vesting specified in paragraph 1. In the case of flats which are leased, the special conditions (a) and (b) shall apply for the period of the lease.
Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are required. These conditions, other than the right of entry should be disregarded where the purchase money is fully paid before the transfer order is made.
Delete reference to charge(s), where not appropriate.
Insert suitable description. Where description is by reference to a map, the map should be clearly identified and attached to the Order.
Insert amount and manner for payment of purchase money including, where appropriate, provision for reduced repayments where a new house is being sold to a person other than a tenant thereof by means of subsidised repayments under section 11 of the Housing (Miscellaneous Provisions) Act, 1979 .
Article 85
FOURTH SCHEDULE
PART II FORM OF TRANSFER ORDER
Housing Act, 1966 (section 90)
Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (section 26)
TRANSFER ORDER
| of ............................................................ ..........................................................^1 |
| County |
| County Borough |
| Borough |
| Urban District |
| Town |
| 1. In consideration of the sum specified at paragraph 2 below, the ^2.................................. ............................................................ ............................................................ .................................... (hereinafter referred to as the housing authority), in exercise of the powers conferred on them by section 90 of the Housing Act, 1966 , and section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 HEREBY VEST on the................day of.................... 198....... the house described in the Schedule to this Order in^3............................................................ ............................................................ .............................. ............................................................ ................of............................................................ ................ ............................................................ ............................................................ .....................................(hereinafter referred to as "the purchaser" which expression where the context so admits includes his successor in title) in fee simple to the intent that the leasehold interest in the said house vested in^4......... by..............^5. dated the....................day of.................................. 198.......... shall merge and be extinguished in the fee simple subject to the terms, conditions and special conditions herein specified and subject as respects the fee simple interest to the charge for the sum of £..................in respect of the purchase money for the said leasehold interest under the said .............^5 (and to the contingent charge contained in the said ................^5).^6 |
| 2. The sum of £ .................................................. being the purchase money of the fee simple together with the fee of £5 specified in section 26 (8) of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 has been paid by the purchaser to the housing authority. |
| 3. The following special condition shall apply to the house:^7 |
| Payment in respect of the purchase money for the said leasehold interest shall be made punctually on the due dates, as specified in the said..................................................^5 |
| 4. The following special conditions shall apply to the house until............. or while any part of the purchase money in respect of the leasehold interest remains unpaid:^9 |
- (a) the house shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;
- (b) the house or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.
The following conditions shall apply to the house:^10
The charge(s) at 1. above shall be registered as burden(s) on the fee simple interest in the property described in this Transfer Order. ^11
SCHEDULE Description of house^12
The official seal of the housing authority was affixed hereto in the presence of
| ........................................................... | Signed....................................... |
| Date.......................................... |
Directions for completing this form
Insert name of functional area of housing authority.
Insert name of housing authority.
Insert name and address of purchaser of fee simple.
Insert name and address of purchaser of the leasehold interest.
Insert reference to appropriate instrument e.g. "transfer order", "indenture of lease".
Insert amount of purchase money in respect of the leasehold interest and reference to contingent charge, where appropriate.
Delete special condition where the purchase money in respect of the leasehold interest is paid in full before the making of this transfer order.
Insert manner for payment of purchase money in respect of the leasehold interest.
Special conditions expressed in terms similar to (a) and (b) in paragraph 4 shall be included only where a house has been leased to a tenant thereof and such conditions are specified in the instrument by which the lease was effected. Special conditions (a) and (b) shall apply for a period of 25 years from the date of vesting specified in the aforementioned instrument or while any part of the purchase price of the leasehold interest remains unpaid, whichever is the greater.
Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are specified in the instrument by which the lease was effected.
Delete reference to charge(s), where not appropriate.
Insert suitable description. Where description is by reference to a map, the map should be clearly identified and attached to the order.
GIVEN under the Official Seal of the Minister for the Environment this 26th day of September, 1980.
SYLVESTER BARRETT
Minister for the Environment.
The Minister for Finance hereby consents to the foregoing Regulations.
Dated this 25th day of September, 1980.
MICHAEL O'KENNEDY
Minister for Finance.
The Minister for the Gaeltacht hereby consents to Part IV of the foregoing Regulations.
Dated this 22nd day of September, 1980.
MÁIRE NIC EOCHAGÁIN UÍ CHUINN
Minister for the Gaeltacht.
EXPLANATORY NOTE
Section 22 of the Housing (Miscellaneous Provisions) Act, 1979 , and these Regulations validate changes made since 1972 in schemes of new house grants, house improvement grants, elderly persons grants, local authority housing subsidy and subsidised house purchase loans.
Part VII enables housing authorities to increase the maximum amount of an unsecured house improvement loan to £1,000.
Part XII provides for a form of control of prices of new houses.
Part XIII prescribes the fee to accompany an appeal to the Minister under section 13 of the 1979 Act, dealing with the structural condition of houses on their sale or lease by a housing authority, and the forms of transfer orders for the sale or lease of houses or the purchase of the fee simple. Provision is also made for the conditions governing the letting of houses provided by a housing authority.
The First Schedule sets out the regulations which have been revoked.
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