Housing (Miscellaneous Provisions) Act 2009

(b) To the extent that the apartment complex service charge is inadequate for the expenditure in the year concerned, the extent of such inadequacy may be added to the apartment complex service charge otherwise payable in respect of the following year.

(10) The management company shall maintain sufficient and proper records of expenditure incurred by it to enable appropriate verification and audits to be undertaken.

(11) The apartment complex service charge levied pursuant to this section shall be applied for the purposes specified in subsection (1) but any excess may, notwithstanding subsections (2) or (9), be applied on expenditure which may be incurred by the sinking fund.

(12) The Minister may make regulations prescribing the class or classes of items of expenditure which may be the subject of the apartment complex service charge.

68. Sinking fund.

68.— (1) Before the end of the period specified in section 63 (1), the management company shall establish a building investment fund (in this Part referred to as a “sinking fund”) for the purpose of discharging expenditure reasonably incurred, in respect of the designated apartment complex concerned on—

(a) refurbishment,

(b) improvement,

(c) maintenance of a non-recurring nature, or

(d) advice from a suitably qualified person relating to paragraphs (a) to (c).

(2) For the purposes of subsection (1), expenditure shall not be considered to be expenditure on maintenance of a non-recurring nature—

(a) where the expenditure relates to a matter in respect of which expenditure is generally incurred in each year,

(b) unless it is certified by the directors of the management company as being expenditure on maintenance of a non-recurring nature, and

(c) unless the expenditure is approved by a meeting of the members as being expenditure on maintenance of a non-recurring nature.

(3) (a) Before the end of the period specified in section 63 (1), and thereafter before the end of the first month of each financial year, the management company shall, subject to paragraph (b) prepare an estimate of the sum of moneys (referred to in this Part as the “sinking fund contribution” ) that it considers appropriate and prudent for addition to the sinking fund in the financial year concerned and, applying the method of apportionment specified in subsection (4) (a) or (b), as appropriate, calculate the amount equal to the proportion of the sinking fund contribution that would be attributable to each apartment in the designated apartment complex.

(b) The management company shall not prepare an estimate of the sinking fund contribution for the financial year concerned which, when apportioned between each apartment in the designated apartment complex in accordance with paragraph (a), results in the smallest amount attributable to any apartment being less than €200 or such other amount as may be prescribed for the purposes of this subsection.

(c) If, under the calculation set out in paragraph (a), the smallest amount attributable to any apartment in the designated apartment complex is equal to €200 or such other amount as may be prescribed for the purposes of this subsection, the management company may adopt its estimate under paragraph (a) as the sinking fund contribution for the financial year concerned.

(d) If under the calculation specified in paragraph (a), the smallest amount attributable to any apartment in the apartment complex is more than €200 or such other amount as may be prescribed for the purposes of this subsection, the sinking fund contribution for the financial year shall be adopted by a general meeting of members called for those purposes, provided that such contribution, when apportioned between each apartment in the designated apartment complex on the same basis as the apartment complex service charge, does not result in the smallest amount attributable to any apartment being less than €200 or such other amount as may be prescribed for the purposes of this subsection.

(4) The amount of the sinking fund contribution shall, as soon as practicable after its determination, be levied by the management company as a charge on each apartment in the designated apartment complex, the amount being apportioned between each apartment in the designated apartment complex on the same basis as the apartment complex service charge is apportioned—

(a) in accordance with section 67 (7), or

(b) in the case of a designated apartment complex where the housing authority has sold one or more than one apartment under section 90 of the Principal Act, in accordance with section 67 (8).

(5) The contributions made to the sinking fund shall be held in a separate account and in a manner which identifies such funds as belonging to the sinking fund and those funds shall not be used or expended on matters other than expenditure of a type referred to in subsection (1).

(6) The Minister may make regulations prescribing all or any one or more of the following:

(a) a class or classes of expenditure which may be incurred by a sinking fund;

(b) thresholds of expenditure (by reference to amounts of expenditure or by reference to the proportion of the sinking fund) which necessitate approval of the members;

(c) any other amount for the purposes of subsection (3) having regard to the average level of service charges in designated apartment complexes.

69. Management company annual charges.

69.— (1) A management company may issue a single request for payment of the aggregate of the charges arising under sections 67 and 68, and every request for payment, whether in reliance on this section or on section 67 or 68 shall set out the basis of the calculation of the charge, a breakdown of how it is calculated and the amount payable in respect of the apartment concerned.

(2) Where payment of charges arising under sections 67 and 68 are requested or collected together such charges may collectively be referred to as “management company annual charges”.

(3) It shall be a condition of the apartment transfer order and the apartment assignment order that—

(a) the apartment owner shall pay the management company annual charges of such amount or amounts and at such times and in such manner as the management company may specify subject to and in accordance with the terms and conditions of the apartment transfer order or the apartment assignment order, as the case may be, and

(b) where the apartment owner fails to comply with the obligation in paragraph (a), the management company shall have the right to re-enter and take possession of the apartment, whereupon the term of the apartment transfer order or the apartment assignment order, as the case may be, shall end, without prejudice to the rights and remedies of the company in respect of any such charge in arrears or of any other breach of the apartment transfer order or apartment assignment order.

(4) Where the management company annual charges or part thereof remain unpaid by the apartment owner on the expiration of the period for payment specified in the apartment transfer order or apartment assignment order, as the case may be, the amount concerned shall bear interest, at the rate provided for therein and calculated in accordance therewith.

(5) Where, during the charged period, the management company annual charges or part thereof remain unpaid by the apartment purchaser concerned for a period of more than 6 months after the expiry of the period for payment of the charge specified in the apartment assignment order, the management company shall notify the housing authority in writing.

(6) Where a housing authority sells an apartment to the tenant thereof under this Part, it shall not be liable, in respect of any period after the date on which the housing authority signs the apartment assignment order, for the management company annual charges for the proportion of the financial year remaining after that date or for any financial year thereafter.

70. Apartment complex support fund.

70.— (1) Subject to subsection (3), on the first sale of an apartment in a designated apartment complex to the tenant thereof under this Part, the housing authority shall establish, maintain and account for a fund (referred to in this Part as an “apartment complex support fund”) for the purposes set out in subsection (4).

(2) (a) The housing authority shall, on the establishment of the apartment complex support fund, pay into the fund an amount fixed in accordance with paragraph (b).

(b) The amount referred to in paragraph (a) shall be calculated as the sum of the prescribed proportion of the purchase price on the date of the first sale referred to in subsection (1) of each apartment in the designated apartment complex, including community apartments and any apartments sold to tenants under section 90 of the Principal Act whether before or after the coming into operation of this Part, which proportion shall not exceed the greater of—

(i) 5 per cent of such purchase price, or

(ii) such amount as may be prescribed for the purposes of this section having regard to the number and size of the apartments comprised in the designated apartment complex concerned.

(3) The moneys referred to in subsection (2) in respect of one or more than one designated apartment complex may be held in, managed and accounted for by a housing authority in a single apartment complex support fund, provided that the funding for each such apartment complex is capable of being separately identified.

(4) The housing authority, in accordance with this section, on a request being made in that behalf by the management company and subject to there being sufficient moneys in the apartment complex support fund, may decide to transfer moneys from the apartment complex support fund to the company’s sinking fund to meet expenditure by, or on behalf of, the management company on any of the works referred to in section 68 (1) (a)to (c).

(5) (a) Where a request is made under subsection (4), the management company shall, as the housing authority may reasonably require for the purpose of deciding whether to transfer moneys from the apartment complex support fund to the sinking fund—

(i) provide details (including drawings and estimated costs) of the proposed works,

(ii) provide financial and other information (including the company’s records relating to management, maintenance and repair of the common areas, structures, works and services), and

(iii) carry out, or facilitate the housing authority in carrying out, inspections, surveys and tests.

(b) The reasonable costs incurred by the management company in meeting the requirements of a housing authority under this subsection shall be paid by the housing authority.

(6) A housing authority may refuse to transfer moneys under subsection (4) where it is of the opinion that any of the following applies:

(a) the works proposed are not in the interest of good estate management;

(b) the management company is not in a position to meet the cost of the works, from its own resources, including the sinking fund, moneys which it has requested under subsection (4) from the apartment complex support fund and borrowings;

(c) the works proposed are necessary because of the management company’s failure to discharge its obligations under section 63 (3), whether this failure is attributable to the company’s failure to levy or collect an adequate apartment complex service charge in one or more than one financial year, or otherwise;

(d) the moneys may be used by the management company for purposes other than the carrying out of the works proposed, including eliminating or reducing any excess of expenditure over income (but not including the sinking fund) on the management company’s accounts.

(7) Where a housing authority decides to transfer moneys under subsection (4) it may do all or any of the following—

(a) transfer from the apartment complex support fund the amount requested by the management company under subsection (4) or an amount less than that so requested;

(b) attach such conditions as it considers appropriate to its decision including conditions specifying—

(i) the works to be carried out,

(ii) the works not to be carried out,

(iii) the standard of the works to be carried out, and

(iv) the timing and content of reports to be given to the housing authority in relation to the works carried out;

(c) transfer same to the sinking fund of the management company in such instalments and at such times as the housing authority considers reasonable having regard to the progress of the works concerned.

(8) The management company in carrying out any of the worksreferred to insection 68 (1) (a)to(c) shall comply with such conditions if any as may be attached under subsection (7) (b) to the decision to transfer moneys under subsection (4).

(9) (a) The housing authority may, for the purpose of establishing that the moneys transferred under subsection (4) were used for the purpose for which they were intended and in compliance with the conditions attached under subsection (7) (b) to its decision to transfer moneys, carry out such further inspections, surveys and tests of the works concerned as it considers necessary.

(b) The management company shall facilitate the housing authority in the carrying out of the inspections, surveys and tests referred to in paragraph (a) and, if requested by the authority, shall itself carry out such inspections, surveys and tests of the works concerned, as the housing authority considers necessary, the reasonable cost of which shall be paid by the housing authority.

(10) (a) The management company shall be liable to repay to the housing authority—

(i) in case of its failure to use all or any of the moneys transferred under subsection (4) for the purpose for which they were intended, the entire of such moneys or such part thereof, as the case may be, or

(ii) in case of a breach of one or more than one condition attached by the authority under subsection (7) (b) to its decision to transfer moneys under subsection (4), that proportion of the amount of the transferred moneys corresponding to the cost of complying with the condition or conditions concerned expressed as a proportion of the total cost of carrying out the works in respect of which the authority agreed to so transfer moneys.

(b) Any moneys due and owing to the housing authority under paragraph (a) shall, subject to section 71, be repaid by the management company not later than 2 months after the date on which the authority demands repayment from the management company by notice in writing specifying the matters giving rise to the demand for repayment and the amount concerned.

(c) Any moneys repaid by a management company to a housing authority under this subsection shall be paid into the apartment complex support fund.

(11) The housing authority may recoup from the apartment complex support fund such reasonable expenses as it may incur in the exercise of its functions under this section.

(12) The apartment complex support fund shall consist of a current account (in this section referred to as the “current account”) and an investment account (in this section referred to as the “invest ment account”).

(13) The housing authority shall pay into the current account, from time to time, the amount that the authority determines is required for the purposes of—

(a) transferring moneys to a sinking fund under this section, and

(b) defraying the costs incurred by the authority—

(i) under subsection (5) (b), (9) or (11), as the case may be, and

(ii) in the performance of its functions under this section relating to management of the apartment complex support fund.

(14) All other moneys standing to the credit of the apartment complex support fund shall be paid into the investment account.

(15) Whenever the moneys in the current account are insufficient to meet the liabilities of the apartment complex support fund specified in subsection (13), there shall be paid into that account from the investment account the moneys that are necessary to meet those liabilities.

(16) Moneys in the investment account that are not required to meet current and prospective liabilities of that account shall be invested and the investments shall be realised or varied from time to time as occasion requires and the proceeds of any such realisation, and any dividends or other payments received in respect of moneys invested under this paragraph, shall be paid into the investment account or invested under this subsection.

(17) An investment under subsection (16) shall be invested in the State and in the currency of the State—

(a) in the securities (other than shares in a company) that the housing authority considers appropriate, or

(b) by way of deposit of moneys with any credit institution, or the investment of moneys in short term financial products, such as certificates of deposit or commercial paper, issued by any person.

71. Dispute between housing authority and management company arising under section 70 (10).

71.— (1) Where there is a dispute between the housing authority and the management company on any matter relating to a demand for repayment under section 70 (10), which is subsequently resolved by agreement in writing between the housing authority and the management company, repayment of the amount concerned or any revised amount shall be made by the management company not later than 2 months after the date of the agreement.

(2) Where there is a dispute between the housing authority and the management company relating to the demand for repayment under section 70 (10) in respect of a breach of a condition attached under section 70 (7) (b) to its agreement to transfer moneys under section 70 (4), subject to the agreement of the parties in writing, the dispute may be resolved by the management company agreeing to carry out, at its expense, such additional works as are agreed by the parties to be necessary to secure compliance with the condition concerned.

(3) Where there is a dispute between the housing authority and the management company on any matter or matters relating to the demand for repayment under section 70 (10), which cannot be resolved to the satisfaction of both parties, the matter shall be determined by conciliation procedures agreed between both parties or, in default of such agreement, by arbitration under the Arbitration Acts 1954 to 1998.

72. Accounts of management company.

72.— (1) A management company shall keep all proper and usual books or other accounts of—

(a) all moneys received or expended by it, and

(b) all property, assets and liabilities of the management company,

including an income and expenditure account and a balance sheet.

(2) Without prejudice to the generality of subsection (1), a management company shall establish, operate and maintain financial systems, accounts, reporting and record keeping procedures, including the preparation of annual financial statements, which are based on generally accepted accounting principles and practices.

(3) A management company shall—

(a) submit to the housing authority concerned a copy of its annual audited accounts no later than 4 months after the end of each financial year of the management company to which the accounts relate, and

(b) on the request of any member, provide a copy of those accounts at a price not exceeding the reasonable cost of reproduction.

(4) Subsection (3) (a) shall cease to apply in respect of the financial year following the financial year in which the sale of an apartment results in the total number of all apartments in the designated apartment complex that are sold exceeding by one the total number, divided by 2, of apartments (including any community apartment) in the designated apartment complex, rounded up to the nearest whole number, as appropriate.

73. Property services agreement.

73.— (1) In this section “specified body” means—

(a) the housing authority which transferred ownership of the designated apartment complex to the management company under an apartment complex transfer order,

(b) a company referred to in subsection (6), or

(c) an approved body.

(2) Subject to subsection (3), a management company and a specified body may enter into an agreement (in this Part referred to as a “property services agreement”) for the purposes of the provision of such property management services, as may be specified in the agreement, to the management company in respect of the designated apartment complex.

(3) In the case of a property services agreement between a management company and a housing authority the agreement shall be for such period not exceeding 5 years from the date of the first sale of an apartment to the tenant thereof under this Part in the designated apartment complex concerned.

(4) A property services agreement shall be in writing and shall be subject to the terms and conditions and include the information specified in Schedule 4.

(5) The expenses incurred by a specified body in the provision of property management services pursuant to a property services agreement, shall be recouped to the specified body by the management company in accordance with the terms and conditions of the agreement.

(6) A housing authority may, for the purposes of this section, establish a company whose objects include the provision of property management services to management companies, which company shall be a company formed and registered under the Companies Acts.

74. Charging order.

74.— (1) As soon as practicable after an apartment is sold to an apartment purchaser under this Part, the housing authority shall, subject to such regulations as may be made under section 77, make an order (in this Part referred to as a “charging order”), in the prescribed form, charging the apartment in the terms specified in this section for the period specified in the order (in this Part referred to as the “charged period”).

(2) The charging order shall create a charge in favour of the housing authority in respect of an undivided percentage share (in this Part referred to as the “charged share”), calculated in accordance with subsection (3), in the apartment which charged share shall be reduced in accordance with subsection (4).

(3) The charged share is calculated in accordance with the following formula:

Y x 100

Z

where—

(a) Y is the difference between the purchase price of the apartment at the time of sale to the apartment purchaser and the purchase money, and

(b) Z is the purchase price of the apartment at the time of sale to the apartment purchaser.

(4) (a) Subject to paragraph (b) and section 75, the charged share shall be reduced in equal proportions (referred to in this section as “ incremental releases ”) applied annually on the anniversary of the date of the apartment assignment order in respect of each complete year after that date during which an apartment purchaser or a member of his or her household has been in occupation of the apartment as his or her normal place of residence, until the earlier of—

(i) subject to section 76, the first resale of the apartment, or

(ii) subject to section 75, the expiration of the charged period.

(b) The reduction of the charged share for the period of 5 years from the date of the apartment assignment order shall be cumulative and shall not apply until the expiration of that period, provided the apartment purchaser or a member of his or her household has been in occupation of the apartment as his or her normal place of residence for that period.

(5) The housing authority shall, at any time where requested by the apartment purchaser, give a statement in writing in the prescribed form, to the apartment purchaser indicating the accumulated amount of incremental releases that have been applied under the charging order.

(6) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the apartment, in favour of the housing authority for a charge in the terms provided for in this section.

(7) Accordingly, the housing authority shall, as on and from the making of the charging order—

(a) be deemed to be a mortgagee of the apartment for the purposes of the Conveyancing Acts 1881 to 1911, and

(b) have, in relation to the charge referred to in subsection (8), all the powers conferred by those Acts on mortgagees under mortgages made by deed.

(8) Where a housing authority makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 74 (2) of the Housing (Miscellaneous Provisions) Act 2009.

(9) A charging order affecting an apartment 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 the order as the owner of the land is or is not registered under the said Act as the owner of the land.

(10) A housing authority may, subject to subsection (11), enter into an agreement with a holder of a licence under the Central Bank Act 1971, a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.

(11) A housing authority may only enter into an agreement referred to in subsection (10) if it considers that the agreement will—

(a) enable a tenant to whom it is proposing to sell an apartment under this Part to obtain an advance of moneys from the holder, society or institution referred to in subsection (10) for the purposes of purchasing the apartment, or

(b) enable an apartment purchaser—

(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (10), or

(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (10), for any purpose.

(12) Any amount that becomes payable to a housing authority under section 75 or 76, as the case may be, may, without prejudice to any other power in that behalf, be recovered by the housing authority from the person concerned as a simple contract debt in any court of competent jurisdiction.

(13) For the avoidance of doubt, neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976.

(14) (a) On the occurrence of the earlier of the events specified in subsection (4)(a) and subject to the terms and conditions of the apartment assignment order and of the charging order having been complied with, the housing authority shall, where requested to do so by the apartment purchaser, execute a deed of discharge in respect of the charging order.

(b) The housing authority shall be liable for any expenses incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by an apartment purchaser under this section or under section 75 or 76.

75. Suspension of reduction of charged share.

75.— (1) A housing authority may suspend the reduction of the charged share provided for under section 74 in respect of any year ending on the anniversary of the apartment assignment order, where the apartment purchaser fails to comply with any of the terms and conditions of the apartment assignment order.

(2) Where the housing authority suspends the reduction of the charged share under subsection (1), the charged share on the property shall be calculated in accordance with the following formula:

Y x 100 - R

Z

where—

(a) Y is the difference between the purchase price of the apartment at the time of sale to the apartment purchaser and the purchase money,

(b) Z is the purchase price of the apartment at the time of sale to the apartment purchaser, and

(c) R is the portion of the charged share that has been released in accordance with this subsection.

(3) (a) Where a housing authority has suspended the reduction of the charged share under subsection (1), the housing authority shall, as soon as practicable thereafter, notify the apartment purchaser in writing of the suspension and the reasons for the suspension.

(b) The housing authority shall, on the expiration of the charged period, give a statement to the apartment purchaser in writing, in the prescribed form, indicating the amount of the charge outstanding under the charging order on the date of expiration of the charged period, which amount shall be expressed as a percentage of the market value of the apartment, equivalent to the charged share of the housing authority in the apartment on that date calculated in accordance with subsection (2).

(4) (a) The apartment purchaser shall, within 2 months of receipt of the statement referred to in subsection (3), pay to the housing authority the amount set out in the statement.

(b) Where the apartment purchaser fails to pay the amount referred to in paragraph (a), section 74 (12) applies.

(5) For the purposes of this section, “market value” means the price for which an apartment might reasonably be expected to be sold on the date of expiration of the charged period, in its existing state of repair and condition and not subject to the conditions specified in section 64 (5)or to a charging order.

(6) (a) For the purposes of this section, the market value of an apartment shall be determined by the housing authority or, where the apartment purchaser does not agree with the market value so determined, by an independent valuer nominated by the apartment purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 77.

(b) The housing authority shall not be liable for any expenses incurred by an apartment purchaser under paragraph (a).

76. Control on resale of apartment subject to a charging order.

76.— (1) In this section references to an apartment purchaser shall not include a person in whom there subsequently becomes vested, for valuable consideration, the interest of the apartment purchaser or the successor in title of that person and the personal representative of that person or successor in title.

(2) Where an apartment purchaser proposes to sell an apartment during the charged period, he or she shall give prior written notice to the housing authority in accordance with the terms and conditions specified in the apartment assignment order.

(3) Upon receipt of a notice referred to in subsection (2), the housing authority may purchase the apartment for a sum equivalent to its current market value, reduced by an amount equal to that proportion of the current market value of the apartment corresponding to the charged share in the apartment on the date of resale.

(4) Without prejudice to any other power in that behalf, a housing authority may refuse to consent to the sale to any person of the apartment where the housing authority is of the opinion that—

(a) the proposed sale price is less than the current market value,

(b) the said person is or was engaged in anti-social behaviour or the sale would not be in the interest of good estate management, or

(c) the intended sale would, if completed, leave the vendor or any person who might reasonably be expected to reside with him or her without adequate housing.

(5) Where an apartment purchaser resells an apartment to a person other than a housing authority during the charged period the apartment purchaser shall pay to the housing authority an amount equal to a percentage of the current market value, such percentage being the equivalent of the charged share of the authority in the apartment on the date of resale of the apartment.

(6) Where the amount payable under any of the provisions of this section would reduce the proceeds of the sale (disregarding solicitor and estate agent’s costs and fees) below the purchase money, the amount payable under the charging order shall be reduced to the extent necessary to avoid that result.

(7) Where a purchaser resells an apartment which is subject to a charging order the charged period of which has expired and in respect of which the amount referred to in section 75 (3)has not been paid in accordance with that section, section 74 (12) applies.

(8) (a) For the purposes of this section, the current market value of an apartment shall be determined by the housing authority or, where the vendor does not agree with the current market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 77.

(b) The housing authority shall not be liable for any expenses incurred by a vendor under paragraph (a).

77. Regulations (Part 4).

77.— The Minister may make regulations for the purposes of this Part in relation to all or any one or more of the following:

(a) the class or classes of apartment that are excluded from sale under this Part;

(b) the minimum period for which a person must be a tenant for the purposes of making an application to purchase an apartment under this Part, which period shall not in any case be less than one year before the date of the making of such application;

(c) the method for determining the purchase price;

(d) the method for determining the purchase money, taking account of the financial circumstances of tenants to whom apartment may be sold;

(e) the method for determining the amount of a deposit to be paid by the apartment purchaser under section 64 (6) in respect of the purchase of an apartment under this Part;

(f) the form of, and terms and conditions to be specified in, an apartment complex transfer order, an apartment transfer order and an apartment assignment order;

(g) the form of a charging order;

(h) the determination of the minimum period, or the range within which a housing authority shall fix the minimum period, for which a charging order shall apply in respect of an apartment sold under this Part, which period shall not in any case be less than 20 years from the date of the apartment assignment order;

(i) the determination of the floor area of an apartment, for the purpose of section 67 (7);

(j) the proportion of the sum of the purchase price of each apartment in the designated apartment complex that a housing authority shall pay into the apartment complex support fund under section 70 (2) and the maximum amount that it shall pay into the fund under that provision;

(k) the form of the statement to be issued by a housing authority under section 74 (5)or 75 (3), as the case may be;

(l) the class or classes or description of person who are suitably qualified by reference to their qualifications and experience to determine the current market value or market value (within the meaning of section 75), as the case may be, of an apartment for any of the purposes of this Part.

PART 5 AFFORDABLE DWELLING PURCHASE ARRANGEMENTS

78. Interpretation (Part 5).

78.— F71[…]

79. Provision of dwellings.

79.— F72[…]

80. Direct sales agreement.

80.— F73[…]

81. Open market dwelling.

81.— F74[…]

82. Application of Part 5.

82.— F75[…]

83. Affordable dwelling purchase arrangements.

83.— F76[…]

84. Assessment of eligibility of household for affordable dwelling purchase arrangement.

84.— F77[…]

85. Scheme of priority for affordable dwelling purchase arrangements.

85.— F78[…]

86. Charging order.

86.— F79[…]

87. Payments by purchaser during charged period.

87.— F80[…]

88. Registration of charging orders and agreements with financial institutions.

88.— F81[…]

89. Repayment on expiration of charged period.

89.— F82[…]

90. Control on resale of dwelling purchased under affordable dwelling purchase arrangement.

90.— F83[…]

91. Recovery of amounts due to housing authority.

91.— F84[…]

92. Valuation of dwelling for certain purposes.

92.— F85[…]

93. Discharge of charging order.

93.— F86[…]

94. Affordable Dwellings Fund.

94.— F87[…]

95. Regulations (Part 5).

95.— F88[…]

96. Transitional arrangements and savings provisions.

96.— (1) F89[…]

(2) F89[…]

(3) F89[…]

(4) F89[…]

(5) Not withstanding the repeal by section 7 of sections 2, 3 and 9 of the Act of 1992 and section 10 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the Act of 1992 and the Act of 2002), continue to apply to a shared ownership leases granted under section 3 of the Act of 1992 before the said coming into operation of section 7 as if section 7 had not come into operation.

(6) Notwithstanding the repeal by section 7 of sections 98, 99 and 100 of the Planning and Development Act 2000, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable housing (within the meaning of that Act) sold or leased under section 98 of that Act before the said coming into operation of section 7 as if section 7 had not come into operation.

(7) Notwithstanding the repeal by section 7 of sections 6, 8 and 9 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable houses (within the meaning of that Act) sold before the said coming into operation of section 7 as if section 7 had not come into operation.

PART 6 PROVISIONS IN RESPECT OF CERTAIN GRANTS

97. Grants in respect of provision of sites under section 57 of Principal Act.

97.— (1) In this section and section 98—

“market value”, in relation to a site, means the price for which the unencumbered fee simple of the site might reasonably be expected to be sold on the open market;

“qualified purchaser” means a household which—

(a) has been assessed by a housing authority under section 20 as being qualified for social housing support, or

(b) is a tenant in a dwelling provided by—

(i) a housing authority under the Housing Acts 1966 to 2009or Part V of the Planning and Development Act 2000,

(ii) a rental accommodation provider pursuant to a rental accommodation availability agreement, or

(iii) an approved body,

and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the qualified purchaser or his or her successor in title and the personal representative of that person or successor in title;

“site” means a site provided by a housing authority under section 57 of the Principal Act.

(2) The Minister may, with the consent of the Minister for Finance, and subject to such regulations as may be made for the purposes of this section, pay to a housing authority out of moneys provided by the Oireachtas a grant of such amount as the Minister may determine in respect of—

(a) the provision by the authority of a site to an approved body for—

(i) the erection, other than by or on behalf of a housing authority, of a dwelling or dwellings for the purposes of letting to households assessed under section 20 as being qualified for social housing support, or

(ii) the erection of a dwelling or dwellings for the purposes of sale to qualified purchasers,

or

(b) the provision of a site to a qualified purchaser.

(3) The amount of a grant payable by the Minister under subsection (2), may be used to defray all or any of the following costs incurred by the housing authority—

(a) site acquisition costs including loan interest and other related costs,

(b) costs of works necessary for or incidental to the development of the site for the purposes of the erection of the dwelling or dwellings, and

(c) professional, legal and any other costs incurred by the authority in relation to the provision of the site.

(4) The Minister may make regulations providing for, in particular, but without prejudice to the generality of subsection (2), all or any one or more of the following:

(a) the terms and conditions subject to which a grant may be made under this section, including terms and conditions relating to the ownership of a site provided by a housing authority to an approved body for the purposes specified in subsection (2) (a);

(b) the means of determining the purchase price of a site having regard to its market value;

(c) the range of the amount of the grant paid for the purposes of subsection (2) (a) (i), having regard to the location of the site and the type of dwelling to be erected on the site;

(d) the maximum grant payable for the purposes of paragraph (a) (ii) or (b) of subsection (2);

(e) requirements in relation to the payment of the grant including, but not necessarily limited to, terms and conditions relating to—

(i) the use of the dwelling as the qualified purchaser’s normal residence, and

(ii) repayments to a housing authority under section 98;

(f) requirements in relation to standards of construction and works.

98. Control on resale of certain sites or dwellings thereon.

98.— (1) This section applies to a site provided by a housing authority to a qualified purchaser at a purchase price less than the market value.

(2) Where a site to which this section applies, including a site with a dwelling thereon, is first resold before the expiration of 20 years from the date of the sale of the site to a qualified purchaser, the vendor shall pay to the housing authority an amount equal to a percentage of the market value of the site only at the date of the resale, calculated in accordance with subsection (3).

(3) The percentage referred to in subsection (2) is calculated in accordance with the following formula—

Y x 100

Z

where—

(a) Y is the difference between the market value of the site at the date of the sale to the qualified purchaser and the price actually paid, and

(b) Z is the market value of the site at the date of the sale to the qualified purchaser.

(4) The amount payable under subsection (2) shall be reduced by 10 per cent in respect of each complete year after the tenth year during which the purchaser has been in possession of the site.

(5) Where the amount payable under subsection (2) would, if subtracted from the market value of the site at the date of its resale, result in an amount that is less than the price actually paid for the site, the amount payable shall be reduced to the extent necessary to avoid that result.

(6) As soon as practicable after a site to which this section applies is sold to a qualified purchaser, the housing authority shall make an order charging the site with an amount that shall be expressed in the order in the terms set out in subsection (7).

(7) The terms referred to in subsection (6) are that the amount charged is an amount equal to the amount (if any) that may subsequently become payable under subsection (2) in respect of the site.

(8) An order under subsection (6) shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the site to the qualified purchaser, in favour of the housing authority for a charge of the amount referred to in subsection (7).

(9) Accordingly, the housing authority shall, as on and from the making of such an order—

(a) be deemed to be a mortgagee of the site for the purposes of the Conveyancing Acts 1881 to 1911, and

(b) have in relation to the charge referred to in subsection (8), all the powers conferred by those Acts on mortgagees under mortgages made by deed.

(10) Where a housing authority makes an order under subsection (6), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the amount in respect of which the charge to which the order relates is being registered to state that amount to be the amount referred to in section 98 (7) of the Housing (Miscellaneous Provisions) Act 2009.

(11) An order under subsection (6) affecting a site to which this section applies 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 the order as the owner of the land is or is not registered under the said Act as the owner of the land.

(12) A housing authority may, subject to subsection (13), enter into an agreement with a holder of a license under the Central Bank Act 1971, a building society or other financial institution that a charge proposed to be created by it by an order under subsection (6) shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.

(13) A housing authority may only enter into an agreement referred to in subsection (12) if it considers that the agreement will—

(a) enable a qualified purchaser to whom it is proposing to sell a site to which this section applies to obtain an advance of moneys from the holder, society or institution referred to in subsection (12) for the purposes of purchasing the site, or

(b) enable a qualified purchaser who purchased a site to which this section applies—

(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (12), or

(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (12), for any purpose.

(14) Any amount that becomes payable to a housing authority under subsection (2) may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.

(15) For the avoidance of doubt, neither an order under subsection (6) nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976.

(16) For the purposes of this section, the current market value of a site to which this section applies shall be determined by the housing authority, or, where the vendor does not agree with the market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 49.

(17) The housing authority shall not be liable for any expenses incurred by a vendor under subsection (16).

99. Repayment of adaptation grant.

99.— (1) This section applies to a grant paid to a person under article 5 of the Housing (Adaptation Grants for Older People and People with a Disability) Regulations 2007 (S.I. No. 670 of 2007), for the purpose of providing additional accommodation, pursuant to an application received by a housing authority on or after such date as may be prescribed.

(2) (a) Where a dwelling in respect of which a grant was paid is sold before the expiration of 5 years from the date of payment of the grant, the vendor shall pay to the housing authority an amount equal to a percentage of the grant.

(b) The percentage referred to in paragraph (a) is—

(i) 85 per cent of the grant paid where less than one year has passed since the date of payment of the grant,

(ii) 70 per cent of the grant paid where one year or more but less than 2 years has passed since the date of payment of the grant,

(iii) 50 per cent of the grant paid where 2 years or more but less than 3 years has passed since the date of payment of the grant,

(iv) 35 per cent of the grant paid where 3 years or more but less than 4 years has passed since the date of payment of the grant, and

(v) 20 per cent of the grant paid where 4 years or more but less than 5 years has passed since the date of payment of the grant.

(3) As soon as practicable after the grant is paid to a person, the housing authority shall make an order charging the dwelling with an amount that shall be expressed in the order in the terms set out in subsection (4).

(4) The terms referred to in subsection (3) are that the amount charged is an amount equal to the amount (if any) that may subsequently become payable under subsection (2) in respect of the dwelling.

(5) An order under subsection (3) shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the making of the grant, in favour of the housing authority for a charge of the amount referred to in subsection (4).

(6) Accordingly, the housing authority shall, as on and from the making of an order under subsection (3)—

(a) be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and

(b) have, in relation to the charge referred to in subsection (5), all the powers conferred by those Acts on mortgagees under mortgages made by deed.

(7) Where a housing authority makes an order under subsection (3), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the amount in respect of which the charge to which the order relates is being registered to state that amount to be the amount referred to insection 52 (4) of the Housing (Miscellaneous Provisions) Act 2009.

(8) An order under subsection (3) affecting a dwelling 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 the order as the owner of the land is or is not registered under that Act as the owner of the land.

(9) Any amount that becomes payable to a housing authority under subsection (2), may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.

(10) For the avoidance of doubt, neither an order under subsection (3) nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976.

PART 7 AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004

100. Amendments to Residential Tenancies Act 2004.

100.— (1) In this section “Act of 2004” means the Residential Tenancies Act 2004.

(2) Section 3 of the Act of 2004 is amended—

(a) in subsection (2)(c)(ii), by substituting “a household within the meaning of the Housing (Miscellaneous Provisions) Act 2009 assessed under section 20 of that Act as being qualified for social housing support” for “a person referred to in section 9(2) of the Housing Act 1988”, and

(b) by inserting the following subsection:

“(3) Notwithstanding the definition of “ tenancy” in section 5(1), in this section a reference to a tenancy does not include a tenancy the term of which is more than 35 years.”.

(3) Section 12 of the Act of 2004 is amended—

(a) in subsection (1), by inserting the following after paragraph (b):

“(ba) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned,”,

(b) in subsection (4)(a), by substituting the following for subparagraph (i):

“(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or”,

and

(c) by substituting the following for subsection (4)(b):

“(b) where, at the date of the request for return or repayment, there is a default in—

(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or

(ii) compliance with section 16(f),

and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).”.

(4) Section 135 of the Act of 2004 is amended—

(a) by deleting subsection (2), and

(b) in subsection (5), by substituting “that the application is incomplete and invalid and shall return the application, any other information submitted with the application and any fee paid” for “of the omission concerned and afford him or her a reasonable opportunity to rectify the matter”.

(5) The Act of 2004 is amended by inserting the following section after section 147:

“Disclosure of certain information to Revenue Commissioners.

147A.— The Board shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue Commissioners is reasonably necessary for the performance by the Revenue Commissioners of their functions.”.

(6) The amendment provided for in subsection (2) (b) does not affect any matter referred to the Private Residential Tenancies Board for resolution under Part 6 of the Act of 2004 before the coming into operation of this section.