Housing Authorities (Loan Charges Contributions and Management) Regulations, 1967.

Statutory Instrument No.71/1967
Date13 April 1967

S.I. No. 71 of 1967.

HOUSING AUTHORITIES (LOAN CHARGES CONTRIBUTIONS AND MANAGEMENT) REGULATIONS, 1967.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 , 44 , 58 , 90 and 106 of the Housing Act, 1966 (No. 21 of 1966) and with the consent of the Minister for Finance hereby makes the following regulations : —

1 Citation.

1. These regulations may be cited as the Housing Authorities (Loan Charges Contributions and Management) Regulations, 1967.

2 ..

2. In these regulations : —

"the Act" means the Housing Act, 1966 (No. 21 of 1966);

"the Act of 1928" means the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928);

"building site" means a developed site for house building purposes in respect of which the Minister is satisfied that the work of developing the site commenced on or after 1st July, 1965;

"built-up area" means an area which is a county borough, borough, urban district, town or place the population of which, as ascertained by the census of population which is for the time being the last published census of population, exceeds two hundred and fifty, or the environs of such area;

"dwelling" includes any dwelling provided by a housing authority under the Act or any enactment repealed by the Act ;

"the Minister" means the Minister for Local Government.

3 Revocations and amendments.

3. (1) The Housing (Loan Charges Contributions) Regulations, 1932 (S.R. & O. 1932, No. 96), the Housing (Loan Charges Contributions) (Amendment) Regulations, 1938 (S.R .& O., 1938, No. 26), the Housing (Loan Charges Contributions) (Amendment) Regulations, 1951 ( S.I. No. 362 of 1951 ), the Housing (Loan Charges Contributions) (Amendment) Regulations, 1953 ( S.I. No. 149 of 1953 ), the Housing (Loan Charges Contributions) Regulations, 1959 ( S.I. No. 87 of 1959 ) and the Housing (Loan Charges Contributions) (Amendment) Regulations, 1962 ( S.I. No. 179 of 1962 ) are hereby revoked.

(2) Articles 5, 6, 7 and 8 and Part III of the Housing (Management and Letting) Regulations, 1950 ( S.I. No. 47 of 1950 ) as amended by paragraphs (d) and (e) of article 2 of the Housing (Management and Letting) (Amendment) Regulations, 1953 ( S.I. No. 336 of 1953 ) are hereby revoked.

(3) "Ten" is substituted for "twelve" where that word occurs in paragraph (b) and (c) of article 2 of the Housing (Management and Letting) (Amendment) Regulations, 1953.

(4) "or under section 77 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), section 3 of the Local Government (Sanitary Services) Act, 1964 (No. 29 of 1964) or the Housing Act, 1966 (No. 21 of 1966)" shall be inserted at the end of the definition of "displaced person" in article 2 of the Housing (Management and Letting) Regulations, 1950.

4 Conditions for payment by the Minister of contributions to loan charges.

4. (1) The payment by the Minister under or by virtue of Chapter IV of Part II of the Act of contributions towards the annual loan charges incurred by a housing authority in respect of the provision of dwellings or building sites, as the case may be, shall be conditional upon the observance by the authority of the following conditions : —

(a) the dwellings or building sites shall be provided in accordance with proposals approved of by the Minister;

(b) work on the erection of the dwellings or the development of the building sites shall be completed in a proper and workmanlike manner in accordance with such plans and specifications as may be approved by the Minister;

(c) in the construction of dwellings and the provision of building sites, materials and appliances conforming with the current standard quality for the particular work shall be used as far as possible;

(d) the dwellings shall be open to inspection when required by an authorised officer of the Minister;

(e) dwellings let by the authority on a tenancy for a month or a less period than a month—

(i) in the case of dwellings let for the first time after the date of these regulations, shall be let in accordance with a scheme of rents approved by the Minister, which takes account of the financial circumstances of the household and the standard of accommodation and amenity of the dwellings; and

(ii) in the case of other dwellings, shall as soon as is reasonably practicable, be let at rents in accordance with sucha scheme and pending the making of such lettings shall be let at rents which are in accordance with a scheme, or not less than amounts, approved by the Minister in relation to such dwellings;

(f) lettings of dwellings to which a scheme of priorities under section 60 of the Act relates, shall be in accordance with the scheme;

(g) the authority shall ensure that dwellings let by them on a tenancy for a month or a less period than a month shall, subject to the terms of the tenancy, be maintained in good tenantable condition and repair;

(h) building sites sold, leased or exchanged by the authority under section 88 of the Act shall be sold, leased or exchanged by them—

(i) in the case of a sale, lease or exchange in accordance with terms approved by the Minister before the date of these regulations, in accordance with those terms, and

(ii) in any other case, for a price not less than a sum equivalent to the cost to the authority of the acquisition and development of the site less the value of any contribution to loan charges in respect of the site by the Minister under section 44 of the Act;

(i) dwellings sold or leased by the authority under section 90 of the Act shall be sold or leased—

(i) in case a dwelling is occupied by a tenant, to the tenant in accordance with a purchase scheme made by the authority and approved by the Minister for the purposes of this article, and

(ii) in case the dwelling is not so occupied, to any person, with the consent of the Minister;

(j) land, other than building sites, sold, leased or exchanged under section 88 of the Act, shall be sold, leased or exchanged for the best price and on the best terms reasonably obtainable or, where the price and terms are not the best reasonably obtainable, with the consent of the Minister.

(2) A purchase scheme approved by the Minister for the purposes of this article shall provide for the sale or lease of the dwellings to which it applies for a sum equivalent to the market value orreplacement value of the dwellings, as the authority may decide, less a deduction from such value for each year after five during which the tenant has been continuously in occupation of the dwelling or any other dwelling of a housing authority, not exceeding—

(a) 3%, subject to a maximum deduction of 45%, in the case of dwellings in groups of six or less situate in an area which is not a built-up area;

(b) 2%, subject to a maximum deduction of 30%, in the case of other dwellings.

(3) In calculating the replacement value of a dwelling for the purposes of this article, a housing authority may make allowances for the age and standard of accommodation of the dwelling.

5 Cost limits for dwellings and sites for purposes of contributions to loan charges.

5. (1) For the purposes of section 44 of the Act, the amount of any money borrowed by a housing authority for the provision of dwellings (other than dwellings in respect of which a special contribution is made) and building sites, shall be deemed to be whichever of the following amounts is the lesser : —

(a) the amount of the loan borrowed by the authority for the provision of the dwellings or building sites; or

(b) (i) in respect of dwellings in buildings of six or more storeys an amount equal to the total number of serviced...

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