Housing (Miscellaneous Provisions) Act , 1992

1. Interpretation.

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

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

“the Act of 1988” means the Housing Act, 1988;

F1[“approved housing body“has the meaning given to it by the Housing (Regulation of Approved Housing Bodies) Act 2019;]

F2[“Central Bank“means the Central Bank and Financial Services Authority of Ireland;]

“functions” includes powers and duties;

“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;

“housing authority” has the meaning assigned to it by section 23;

“the Housing Finance Agency plc” means the company formerly known as the Housing Finance Agency which was established under section 2 of the Housing Finance Agency Act, 1981;

F3[“improvement notice“has the meaning given to it bysection 18A;]

“improvement works” has the meaning assigned to it by section 1(1) of the Act of 1979;

F4[“local authority“means a local authority for the purposes of theLocal Government Act 2001(as amended by the Local Government Reform Act 2014);]

“the Minister” means the Minister for the Environment;

“prescribed” means prescribed by regulations made by the Minister;

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

F3[“prohibition notice“has the meaning given to it bysection 18B;]

“shared ownership lease” has the meaning assigned to it by section 2.

(2)In this Act, a reference to a section is to a section of this Act and a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other enactment or provision, as may be appropriate, is intended.

(3)A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

2. Shared ownership leases.

2.—F5[…]

3. Granting of shared ownership leases by housing authorities, etc.

3.—F6[…]

4. Subsidy towards rent of houses leased by means of shared ownership leases.

4.—(1)Subject to such regulations as may be made by the Minister for the purposes of this section—

(a)a housing authority may pay a subsidy towards the rent of a house leased to a person under a shared ownership lease, and

(b)the Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas—

F7[(i) pay a subsidy to a housing authority towards the rent of a house leased to a person under a shared ownership lease by the authority orF8[an approved housing body], as the case may be,]

(ii)recoup to a housing authority all or part of a subsidy paid by the authority under paragraph (a).

(2)Where a subsidy is paid under subsection (1), the amount of the rent reserved under the lease shall be reduced by an amount equal to the amount of the subsidy.

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

(a)the amount of the subsidy and the manner of its determination;

(b)the amount or proportion of the subsidy that may be recouped by the Minister;

(c)the class or classes of houses in respect of which the subsidy may be paid;

(d)the class or classes of persons or households in respect of which the subsidy may be paid;

(e)requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;

(f)requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;

(g)requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;

(h)requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;

(i)the manner in and time within which an application for the subsidy shall be made;

(j)the conditions under which the subsidy may be paid;

(k)requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.

5. Works by housing authorities to private houses.

5.—(1)Subject to this section and in accordance with such terms and conditions as may, from time to time, be determined for the purposes of this section by the Minister with the consent of the Minister for Finance, a housing authority may with the consent of the owner carry out, or arrange to have carried out, works of improvement or adaptation to a house not owned by them for one or more of the following purposes:

(a)rendering the house fit for human habitation;

(b)relieving overcrowding;

(c)rendering the house more suitable for the accommodation of occupants of the house.

(2)A housing authority may exercise their functions under subsection (1) in relation to any house intended to be occupied by a person—

F9[(a) who has been assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, but only if by exercising those functions the authority is satisfied that the person’s need for such support will be met or obviated, or]

(b)who is in occupation of a house which was provided or which is or was owned by a housing authority and the authority exercising their functions under this section are satisfied that he will provide them or another housing authority with vacant possession of it by surrendering the tenancy or by conveying it with or without compensation.

(3)The Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, some or all of the expenses incurred by the authority in improving or adapting a house by virtue of this section.

(4)A housing authority may in respect of a house enter into and carry out an agreement or agreements with either or both the person to whom subsection (2) relates and the owner of the house for the carrying out of works under this section.

(5)Where an agreement under subsection (4) between a housing authority and the owner relating to expenses incurred by the authority in respect of the house under this section provides for the recovery by the authority of all or a portion of such expenses, the authority may make an order charging the house with the amount of the expenses to be so recovered.

(6)An order under subsection (5) shall be deemed to be a F10[legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009], and the authority shall be the mortgagee for the purposes of F10[that Act] and shall accordingly have, in relation to every such order, all the powers conferred by F10[that Act] on mortagees under mortgages made by deed.

(7)Where a housing authority make an order under subsection (5), they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as the case may require.

(8)An order under subsection (5) affecting land which is registered land within the meaning of the Registration of Title Act, 1964, shall be registrable as a burden affecting such land whether the person named in such order as the owner of the land is or is not registered under the said Act as the owner of such land.

(9)A housing authority may make a periodic or other charge in respect of works carried out under this section.

(10)Any sum due to a housing authority by any person pursuant to an agreement in relation to works carried out under this section may, without prejudice to any other power in that behalf, be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.

(11)The terms and conditions determined by the Minister under subsection (1) may—

(a)provide for such matters as he considers necessary for the purpose of giving effect to this section, and

(b)make different provisions in relation to—

(i)houses occupied under different tenures, or

(ii)persons or houses of different classes.

(12)Where a house is being conveyed to a housing authority under this section—

(a)the expenses of such conveyance may be paid in whole or in part by the authority;

(b)in case the house is one in respect of which a subsidy has been paid under section 11 of the Act of 1979, the person conveying the house shall not be required to refund the subsidy, notwithstanding anything to the contrary contained in a transfer order under section 90 of the Principal Act.

6. Assistance by housing authorities of certain bodies.

6.—(1)A housing authority may, on such terms and conditions (including conditions requiring the giving of undertakings) as they think fit, assist—

(a)another housing authority F11[…], or

(b)F12[subject tosubsection (8A), an approved housing body,]

in respect of the provision (whether provided by erection, purchase, improvement or conversion works) or management by the other authority F13[or approved housing body] of housing accommodation, or in respect of other matters in relation to housing.

(2)Assistance under subsection (1) may be given in one or more of the following ways—

(a)by a loan;

(b)by a periodic contribution to the funds of the other authority or F14[approved housing body];

(c)by a guarantee of sums owed by the other authority or F14[approved housing body] in respect of borrowings;

(d)by a grant;

(e)by a subsidy towards, or the remission in whole or in part of, loan charges incurred by the other authority or F14[approved housing body];

F15[(ea) by providing a dwelling of which the housing authority is the owner (including a house provided under Part V of thePlanning and Development Act 2000) to another housing authority referred to insubsection (1)(a)or aF16[an approved housing body]referred to insubsection (1)(b), under a contract or lease between the housing authority which owns the dwelling concerned and another housing authority referred to insubsection (1)(a)or aF16[an approved housing body]referred to insubsection (1)(b);]

(f)by a contribution in kind, whether by way of materials or labour or any other service.

(3)A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons (including a housing authority).

(4)Where a housing authority have under this section assisted another housing authority F17[or an approved housing body] and, as a condition of providing such assistance, have been given an undertaking which has not been complied with, the following provisions shall have effect:

(a)the authority F17[or approved housing body] who received the assistance shall be liable to repay such amount as may be determined by the authority who provided the assistance, and

(b)the amount shall, without prejudice to any other power in that behalf, be recoverable by the authority who provided the assistance from the authority F17[or approved housing body] who received it as a simple contract debt in any court of competent jurisdiction.

(5)Where the terms and conditions of assistance under this section enable the assistance to be secured by mortgage, the housing authority may, for the purpose of securing the assistance, enter into and carry out an agreement with any other mortgagee.

(6)F18[...]

(7)F18[...]

(8)The determination of the terms and conditions under which assistance under this section is provided shall be a reserved function.

F19[(8A)Where, by virtue of section 69 of the Housing (Regulation of Approved Housing Bodies) Act 2019, a person is receiving existing assistance (within the meaning of subsection (2)(b) of the said section 69), that person shall not receive from a housing authority any assistance under this section that is not existing assistance.]

(9)Where a housing authority have assisted a body under section 12 of the Principal Act in the provision of housing accommodation, the Minister may, with the consent of the Minister for Finance, recoup out of moneys provided by the Oireachtas all or part of such assistance.

(10)Any reference to section 5 of the Act of 1988 in sections 10 and 15 of that Act, in section 28 of the Building Societies Act, 1989, or in regulations made under the Housing Acts, 1966 to 1992, shall be construed as a reference to this section.

(11)In this section “housing accommodation” includes sites for caravans within the meaning of section 13 of the Act of 1988.

7. Subsidy towards rent of houses provided by certain bodies.

7.—(1)Subject to such regulations as may be made by the Minister for the purposes of this section—

(a)a housing authority may pay a subsidy towards the rent of a house provided (whether provided by erection, purchase, improvement or conversion) by F20[an approved housing body,]

(b)the Minister may, with the consent of the Minister for Finance, recoup to a housing authority, out of moneys provided by the Oireachtas, all or part of a subsidy paid by them under paragraph (a).

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

(a)the amount of the subsidy and the manner of its determination;

(b)the amount or proportion of the subsidy that may be recouped by the Minister;

(c)the class or classes of houses in respect of which the subsidy may be paid;

(d)the class or classes of persons or households in respect of which the subsidy may be paid;

(e)requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;

(f)requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;

(g)requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;

(h)requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;

(i)the manner in and time within which an application for the subsidy shall be made;

(j)the manner of payment of the subsidy to the F21[approved housing body] providing the house and the conditions under which it is so paid to that F21[approved housing body];

(k)the payment of the subsidy, on behalf of F22[an approved housing body] to whom it is payable under subsection (1), to a person who has made a loan towards the provision of the house, or who has provided funds to a housing authority for the purpose of making such a loan, and the conditions under which it is so paid to that person;

(l)requirements in relation to the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of a house concerned.

8. Exemption from stamp duty.

8.—F23[…]

9. Additional provisions relating to section 58 of Principal Act.

9.—(1)(a)A housing authority shall, within one year of the commencement of this section, draw up and adopt a written statement of their policy (in this section referred to as a “policy under this section”) for the effective performance of their functions under section 58(1) of the Principal Act.

(b)A housing authority may, from time to time as they think fit, review their policy under this section and make in it any amendments, or draw up and adopt a new written statement of their policy, as they consider proper.

(c)In drawing up and adopting or amending a policy under this section a housing authority shall have regard to such matters as the Minister may from time to time direct.

(2)Notwithstanding section 58 of the Principal Act and subject to such regulations as may be made by the Minister for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of their functions (including maintenance) in respect of the management and control of any specified dwellings of which the authority are the owner.

(3)A delegation by a housing authority under subsection (2)—

(a)shall specify—

(i)the designated body for the purposes of the delegation,

(ii)the functions being delegated to the designated body, and

(iii)the dwellings to which the delegation applies,

and

(b)may include provisions relating to all or any one or more of the following:

(i)arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement, or ancillary works;

(ii)assistance by the housing authority to the designated body whether of a financial or other nature;

(iii)the collection by the designated body of rent due to the housing authority;

(iv)the assignment by the housing authority to the designated body of all or part of the proceeds of rent payable in relation to dwellings specified in the delegation and the conditions governing such assignment;

(v)the rights of the authority to inspect any book or other document or any other record (whether legible or in a machine readable form) of the designated body;

(vi)any other related or incidental matters which the housing authority consider appropriate.

(4)Regulations under this section may, in particular, but withoutprejudice to the generality of subsection (2), make provision in relation to all or any one or more of the following:

(a)the constitution and composition of a designated body;

(b)the procedures of a designated body;

(c)the terms and conditions of a delegation;

(d)the form of an agreement between a housing authority and a designated body in relation to a delegation;

(e)the class or classes of dwellings in respect of which a delegation may be made;

(f)the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings;

(g)the provision by a designated body of periodic reports and accounts on its activities to a housing authority;

(h)the auditing of the annual accounts of a designated body.

(5)A housing authority may, at their discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation.