S.I. No. 34/1990 - Housing (New House Grants Etc.) Regulations, 1990

S.I. No. 34 of 1990.

HOUSING (NEW HOUSE GRANTS ETC.) REGULATIONS, 1990.

The Minister for the Environment, in exercise of the powers conferred on him by section 5 of the Housing Act, 1966 (No. 21 of 1966) and by sections 4 and 7 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979) as amended respectively by sections 25 and 26 of the Housing Act, 1988 (No. 28 of 1988), with the consent of the Minister for Finance, hereby makes the following Regulations:

PART I PRELIMINARY AND GENERAL

1.

2.

( a ) a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations;

( b ) a sub-article is a reference to a sub-article of the article in which the reference occurs, unless it is indicated that reference to some other article is intended.

• (2) In these Regulations—

"the Act of 1979" means the Housing (Miscellaneous Provisions) Act, 1979 ;

"the Act of 1988" means the Housing Act, 1988 ;

"certificate of authorisation", in relation to a person, means a certificate of authorisation issued to that person by the Revenue Commissioners pursuant to the Finance Act, 1970 (No. 14 of 1970) as amended by the Finance Act, 1976 (No. 16 of 1976);

"house" has the meaning given to it by the Act of 1979;

" the Minister" means the Minister for the Environment;

"tax number", in relation to a person, means—

( a ) the Revenue and Social Insurance (RSI) Number stated on any certificate of tax-free allowances issued to that person by an inspector of taxes, not being a certificate issued to an employer in respect of an employee of that employer, or

( b ) the reference number stated on any return of income form or notice of assessment issued to that person by an inspector of taxes;

"VAT number", in relation to a person, means the registration number of that person for the purposes of value-added tax.

3.

PART II GRANTS BY MINISTER FOR PROVISION OF NEW HOUSES

4.

5.

( a ) £2,000 where—

• (i) the person makes, on or after the 1st day of May, 1985, either a contract for the purchase of the house or a payment, which includes value-added tax at the rate applicable to building and building services, on foot of a contract to purchase the house, or

• (ii) the person has the house built on a site he has available and work on the construction of the house is completed after the 1st day of May, 1985, or

( b ) £1,000 in any other case.

• (2) A grant to a person under this article in respect of a house located on an island specified in the Second Schedule shall not exceed—

( a ) £3,600 where—

• (i) the person makes, on or after the 1st day of May, 1985, either a contract for the purchase of the house or a payment, which includes value-added tax at the rate applicable to building and building services, on foot of a contract to purchase the house, or

• (ii) the person has the house built on a site he has available and work on the construction of the house is completed after the 1st day of May, 1985, or

( b ) £2,400 in any other case.

6.

( a ) where the person or the spouse of such person has, either separately or with each other, previously purchased or built for his or their own occupation another house;

( b ) unless the total floor area of the house is—

• (i) not less than 30 square metres and not more than 125 square metres, where the house is a separate self-contained flat or maisonette in a building of two or more storeys, or

• (ii) not less than 35 square metres and not more than 125 square metres in any other case;

( c ) unless the person occupies the house on completion as his normal place of residence;

( d ) where the house has previously been owned and occupied, or occupied by any other person;

( e ) unless the person furnishes his tax number and details of his tax district to the Minister;

( f ) unless the person furnishes to the Minister a certificate—

• (i) from an inspector of taxes of the Revenue Commissioners, and

• (ii) in respect of any periods for which he or his spouse (if any) were resident elsewhere than in the State, from the relevant taxation authority in the country or countries of such residence,

that he or his spouse (if any) had not previously claimed income tax relief in respect of interest paid under a mortgage or other charge relating to the purchase or erection of a house;

( g ) in the case of a grant payable by virtue of section 4 (5) of the Act of 1979 (as inserted by the Act of 1988), unless the person makes a contract for the purchase of the house on or after the 16th day of October, 1985, or, where he has the house built on a site he has available, the foundations are completed on or after that date;

( h ) unless—

• (i) the person has made a contract either for the purchase of the house or to have it built on a site he has available, and

• (ii) the VAT number of the contractor building the house or, if there is more than one such contractor, the VAT number of each contractor has been furnished to the Minister,

excepting an application for a grant received by the Minister on or before the 6th day of March, 1987, in respect of a house the contract for the purchase of which was made, or, if the house is being built on a site the applicant has available, the foundations of which were completed, before the 1st day of October, 1986;

( i ) in the case of an application received by the Minister on or after the 1st day of April 1990, unless the Minister is furnished with—

• (i) the number of the certificate of authorisation of, or the expiry date of a tax clearance certificate issued by the Collector General of the Revenue Commissioners to, the contractor building the house or, where there is more than one such contractor, such number or expiry date, as the case may be, in respect of each contractor, and

• (ii) a statement that, to the best of the person's knowledge, his tax affairs are in order;

( j ) in the case of a house the foundations of which are completed on or after the 1st day of July, 1990 and which is located in—

• (i) the county borough of Dublin, or

• (ii) the administrative county of Dublin other than the areas specified in the Third Schedule,

unless the house has a principal means of space and water heating which uses electricity, gas or oil, or, where a fuel other than gas or oil is used, has a combustion appliance which will limit, to the satisfaction of the Minister, emissions of suspended particulates (including smoke);

( k ) where any other grant or subsidy has been paid for the provision of the house under any enactment (including the Act of 1979) other than a grant in accordance with article 7, a subsidy under section 3 of the Act of 1988, a grant under section 4 of that Act or financial assistance under section 18 of the Redundancy Payments Act, 1971 (No. 20 of 1971).

• (2) Notwithstanding paragraph (a) of sub-article (1), a grant may be paid to a person where—

( a ) the person provides a housing authority with vacant possession of a house, which was provided or owned by a housing authority, by conveying the house without compensation to the authority, and

( b ) the person makes a contract for the purchase of the new house on or after the 2nd day of October, 1984, or, where he has the house built on a site he has available, the foundations are completed, on or after that date.

• (3) Notwithstanding paragraph (a) of sub-article (1), a grant may be paid to a person where—

( a ) a council of a county or the corporation of a county borough, as may be appropriate, certifies that—

• (i) the new house is being specifically provided and has been suitably designed, for the accommodation of a person who is physically handicapped, mentally handicapped or mentally ill, and

• (ii) the dwelling previously occupied by the person referred to in sub-paragraph (i) was not suitable for his accommodation, and

( b ) the contract for the purchase of the new house is made, or, where the person applying for the grant has the house built on a site he has available, the foundations are completed on or after the 1st day of January, 1986.

• (4) Paragraph (b) of sub-article (1) shall not apply where a grant is payable to a person in accordance with sub-article (3).

• (5) Notwithstanding paragraph (f) of sub-article (1), a grant may be paid where the person satisfies the Minister that it is not reasonably practicable to obtain such a certificate and furnishes in lieu thereof such evidence as will satisfy the Minister that the requirements of paragraph (a) of sub-article (1) have been complied with.

• (6) Paragraph (f) of sub-article (1) and sub-article (5) shall not apply where a grant is payable to a person in accordance with sub-articles (2) or (3), or subsections (4) or (5) of section 4 of the Act of 1979.

7.

( a ) an application for the grant was received by the Minister on or before the 16th day of October, 1987, from the person for whom the house is being built, and

( b ) such person either—

• (i) made, during the period commencing on the 1st day of October, 1986, and terminating on the 31st day of March, 1987, a contract for the purchase of the house, or

• (ii) made, during the period commencing on the 1st day of October, 1986, and terminating on the 31st day of March, 1987, a contract to have the house built on a site he has available and the foundations are completed on or after the 1st day of October, 1986.

• (2) A grant under this article shall be payable in two equal instalments, the first not earlier than 12 months and the second not earlier than 18 months from the date of completion of the house, to—

( a ) the contractor from whom the house is purchased or, subject to subparagraph (b) by whom the house is built, or

( b ) where the house is built on a site the applicant has available by two or more contractors, to such one of the contractors as the applicant may nominate.

PART III GRANTS FOR HOUSING OF ELDERLY AND CERTAIN OTHER PERSONS

8.

9.

( a ) each house provided for the accommodation of—

• (i) elderly persons;

• (ii) persons regarded by a housing authority as being homeless for the purposes of the Act of 1988;

• (iii) persons who are physically handicapped, mentally handicapped or mentally ill;

• (iv) persons who are victims of family violence or desertion;

• (v) households comprising one parent and one or more children; or

• (vi) households that a housing authority have reason to believe require, or are likely to require, accommodation from the authority,

( b ) a house provided for the accommodation of a person providing welfare or caretaker services for persons or households referred to in paragraph (a) of this sub-article.

• (2) Where works were commenced on or after the 1st day of January, 1978 and before the 16th day of October, 1985, a grant under this Part shall not exceed £1,000 in respect of—

( a ) each house provided for the accommodation of elderly persons,

( b ) a house provided for the accommodation of a person providing welfare or caretaker services for such elderly persons.

10.

( a ) in respect of a new house for which a grant has been paid under any enactment (including the Act of 1979),

( b ) in the case of an existing house where a grant has been paid, within the previous ten years, under any enactment (including the Act of 1979) for the provision of the house, or

( c ) in respect of housing accommodation the provision of which has been assisted under section 5 of the Act of 1988.

Article 3.

FIRST SCHEDULE

REGULATIONS REVOKED

SECOND SCHEDULE

ISLANDS TO WHICH ARTICLES 5 (1) AND 5 (2) APPLY

Article 6.

THIRD SCHEDULE

EXCLUDED AREAS OF THE ADMINISTRATIVE COUNTY OF DUBLIN

Commencing at the junction of Slate Cabin Lane and Woodside Road, thence in a south-easterly direction and proceeding along Woodside Road and Ballyedmonduff Road to the county boundary at Glencullen Bridge.

GIVEN under the Official Seal of the Minister for the Environment this 16th day of February, 1990.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing regulations

GIVEN under the Official Seal of the Minister for Finance this 16th day of February, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These regulations provide for the schemes of grants for new houses and for the provision by approved bodies of housing accommodation for elderly and certain other categories of persons.