Charging Orders under the Housing and Planning and Development Acts

• Original version: <a href='/vid/charging-orders-under-the-907695912'>Charging Orders under the Housing and Planning and Development Acts</a>

General:

A “Charging Order” in this context means an Order by a Housing Authority or approved body charging a property pursuant to its statutory powers under the following:

1. Section 5(5) of the Housing (Miscellaneous Provisions) Act 1992.
2. Section 99(3A) of the Planning and Development Act 2000.
3. Section 9(3A) of the Housing (Miscellaneous Provisions) Act 2002.
4. Section 46 of the Housing (Miscellaneous Provisions) Act 2009
5. Section 26(1) of the Housing Act 2014.

1. SECTION 5 OF THE HOUSING (MISCELLANEOUS PROVISIONS) ACT 1992:

Section 5(1) of the Housing (Miscellaneous Provisions) Act 1992 provides that a Housing Authority may with the consent of the owner carry out or arrange to have carried out, inter alia, works of improvement to a house.

Where the Housing Authority has carried out such works and has entered into a Section 4(4) agreement relating to expenses incurred in respect of the house, it may make an order under Section 5(5) charging the house with the amount of the expenses to be recovered.

Registration of Section 5(5) Charging Orders:
Where the amount of the charge is not provided in the Order or where the charge is payable by periodic payments, the registration to be effected as follows:

Charge for such sums as may become payable under the terms of Instrument No…………..

[Local Authority] is owner of this charge.

Where the charge is for a specific amount, the registration to be effected is as follows:

Charge for €………… payable as specified in Instrument No……………

[Local Authority] is owner of this charge.

1. SECTION 99 OF THE PLANNING AND DEVELOPMENT ACT 2000:

Section 96 of the Planning and Development Act 2000 provides for the transfer of land to a Planning Authority for the provision of houses. The Planning Authority may, inter alia, (a) provide or arrange for the provision of houses (b) make land or sites available to certain persons for the development of houses by them for their own occupation or (c) make land or sites available to approved bodies for the provision of houses.

Section 99 provides that the sale or lease of such houses or sites shall be subject to any such conditions as may be specified by the Planning Authority including a charge (Section 99(3) refers) which will become payable in the event of the re-sale of the house within 20 years from the date of the initial sale. In this regard, Section 99(3A) of the Planning and Development Act 2000, as inserted by Section 2 of the Housing (Miscellaneous Provisions) Act 2004 provides that, where a...