Housing act, 1988

• Enactment Date: 13 July 1988
• Act Number: 28

Number 28 of 1988
HOUSING ACT, 1988
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Homeless persons for the purposes of this Act. 3. Subsidy for acquisition or construction of houses. 4. Grant on surrender of certain houses. 5. Assistance by housing authorities of certain bodies. 6. Expenses of social workers. 7. Validation. 8. Estimate of housing requirements. 9. Housing assessments. 10. Additional provisions regarding accommodation for homeless persons. 11. Schemes of priorities for letting dwellings. 12. Reconstruction or improvement of certain houses provided by housing authorities. 13. Provision of sites for travellers. 14. Provision of sites for private housing. 15. Grants or subsidies by Minister for dwellings, sites and assistance provided by housing authorities. 16. Guarantees by housing authorities. 17. Mortgage of houses sold or leased by housing authorities. 18. Discharge of mortgage. 19. Application of certain sections of Part II of Principal Act. 20. Additional provisions relating to sections 56 to 58 of Principal Act and to section 12. 21. Amendment of section 2 of Principal Act. 22. Amendment of section 108 of Principal Act. 23. Repeal of section 13 of Act of 1979 and consequential provisions. 24. Amendment of section 3 of Act of 1979. 25. Amendment of section 4 of Act of 1979. 26. Amendment of section 7 of Act of 1979. 27. Amendment of City and County Management (Amendment) Act, 1955. 28. Amendment of Vagrancy Act, 1824. 29. Offences. 30. Repeals. 31. Short title, construction, collective citation and commencement.
SCHEDULE
Enactments Repealed
Acts Referred to Central Bank Act, 1971 1971, No. 24 City and County Management (Amendment) Act, 1955 1955, No. 12 Companies Act, 1963 1963, No. 33 Cork City Management Acts, 1929 to 1971 County Management Acts, 1940 to 1985 Credit Union Act, 1966 1966, No. 19 Health Act, 1970 1970, No. 1 Housing Act, 1966 1966, No. 21 Housing Act, 1969 1969, No. 16 Housing (Miscellaneous Provisions) Act, 1979 1979, No. 27 Housing Act, 1984 1984, No. 1 Housing Acts, 1966 to 1979 Housing Finance Agency Act, 1981 1981, No. 37 Industrial and Provident Societies Acts, 1893 to 1978 Insurance Acts, 1909 to 1985 Labourers Act, 1936 1936, No. 24 Limerick City Management Acts, 1934 to 1971 Local Government (Dublin) Acts, 1930 to 1985 Prevention of Crimes Act, 1871 34 & 35 Vict. c. 112 Registration of Deeds Act, 1707 6 Anne, c. 2 Registration of Title Act, 1964 1964, No. 16 Registry of Deeds (Ireland) Act, 1832 2 & 3 Will. 4. c. 87 Towns Improvement (Ireland) Act, 1854 17 & 18 Vict. c. 103 Trustee Savings Banks Acts, 1863 to 1979 Vagrancy Act, 1824 5 Geo. 4. c. 83 Waterford City Management Acts, 1939 to 1971
Number 28 of 1988
HOUSING ACT, 1988
AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1979, TO AMEND THE VAGRANCY ACT, 1824 , AND THE CITY AND COUNTY MANAGEMENT (AMENDMENT) ACT, 1955 , AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING AND IN RELATION TO THE DISCHARGE OF MORTGAGES. [13th July, 1988]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, save where the context otherwise requires—
	“the Act of 1979” means the Housing (Miscellaneous Provisions) Act, 1979 ;
	“assurance company” has the meaning assigned to it by the Insurance Acts, 1909 to 1985;
	“bank” means the holder of a licence under section 9 of the Central Bank Act, 1971 , or a trustee savings bank certified under the Trustee Savings Banks Acts, 1863 to 1979;
	“company” means a company within the meaning of section 2 of the Companies Act, 1963 , or a company incorporated outside the State;
	“credit union” means a society which is registered as a credit union under the Industrial and Provident Societies Acts, 1893 to 1978, by virtue of the Credit Union Act, 1966 ;
	“house” has the meaning assigned to it by the Act of 1979;
	“mortgage” means any instrument of mortgage or charge given as security for a loan and cognate words shall be construed accordingly;
	“the Principal Act” means the Housing Act, 1966 .
	(2) In this Act, reference to a section is to a section of this Act and 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 reference to some other enactment or provision, as may be appropriate, is intended.
	(3) References in the Housing Acts, 1966 to 1979, to a grant, loan, subsidy or contribution under those Acts shall be construed as including references, respectively, to a grant, loan, subsidy or contribution under this Act.
	(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
	Homeless persons for the purposes of this Act.	2.—A person shall be regarded by a housing authority as being homeless for the purposes of this Act if—
	(a) there is no accommodation available which, in the opinion of the authority, he, together with any other person who normally resides with him or who might reasonably be expected to reside with him, can reasonably occupy or remain in occupation of, or
	(b) he is living in a hospital, county home, night shelter or other such institution, and is so living because he has no accommodation of the kind referred to in paragraph (a),
	and he is, in the opinion of the authority, unable to provide accommodation from his own resources.
	Subsidy for acquisition or construction of houses.	3.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a subsidy towards the loan charges incurred by a person in respect of a loan made by an assurance company, a bank, a building society, a credit union, any other industrial or commercial organisation, the Housing Finance Agency plc or a housing authority for the acquisition or construction of a house.
	(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 a subsidy, the conditions under which it may be paid and the manner of its payment, including payment by instalments;
	(b) the payment to the body making the loan of a subsidy on behalf of the person to whom it is payable under subsection (1) and the conditions under which it is so paid to that body;
	(c) the class or classes of houses in respect of which a subsidy may be paid and the class or classes of persons to whom a subsidy may be paid;
	(d) requirements in relation to the loan for the house;
	(e) requirements in relation to the previous purchase or building of a house by a person or the spouse of such person;
	(f) the occupation of the house;
	(g) the floor area of the house, measured in such manner as may, from time to time, be determined by the Minister;
	(h) requirements in relation to the financial and family circumstances of a person to whom a subsidy may be paid;
	(i) the time within which application for a subsidy shall be made;
	(j) requirements that a person obtaining a subsidy for a new house shall have qualified for a grant in respect of the house under section 4 of the Act of 1979; and
	(k) requirements in relation to the payment under any enactment (including this Act) of any other subsidy or grant in respect of the house.
	(3) A subsidy shall not be paid under this section unless the house the subject of the subsidy complies with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.
	(4) Subsections (4) and (5) of section 4 of the Act of 1979 (as amended by this Act) shall apply to a subsidy under this section as they apply to a grant under the said section 4.
	(5) In this section “Housing Finance Agency plc” means the agency established under section 2 of the Housing Finance Agency Act, 1981 .
	Grant on surrender of certain houses.	4.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a grant to a person—
	(a) who, or whose spouse—
	(i) in the case of a house which was provided, or which is or was owned, by a housing authority, provides the authority with vacant possession of the house by surrendering the tenancy or by conveying the house without compensation to the authority, or
	(ii) in the case of accommodation allocated to a member of the Permanent Defence Force, provides the Minister for Defence with vacant possession by surrendering it,
	and
	(b) who purchases or builds a house for his own occupation.
	(2) Where a house is being conveyed to a housing authority under this section, the following provisions shall have effect:
	(a) the expenses of such conveyance may be paid in whole or in part by the authority;
	(b) no stamp duty shall be payable on any such conveyance;
	(c) where the house is one in respect of which a subsidy has been paid under section 11 of the Act of 1979, the person conveying...