Housing (Miscellaneous Provisions) Act, 2009

• Jurisdiction: Ireland

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Number 22 of 2009

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HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 14 March 2022

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This Revised Act is an administrative consolidation of the Housing (Miscellaneous Provisions) Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Sea-Fisheries (Miscellaneous Provisions) Act 2022 (2/2022), enacted 15 March 2022, and all statutory instruments up to and including the Finance Act 2021 (Section 62) (Commencement) Order 2022 (S.I. No. 133 of 2022), made 21 March 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 22 of 2009

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HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 14 March 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Housing Acts 1966 to 2021: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Affordable Housing Act 2021 (25/2021), s. 1(2)). The Acts in this group are:

• Housing Act 1966 (21/1966)

• Housing (Miscellaneous Provisions) Act 1979 (27/1979)

• Housing Act 1988 (28/1988), other than ss. 27 and 28

• Housing (Miscellaneous Provisions) Act 1992 (18/1992), other than ss. 29 and 30 and ss. 38(3) and (4)

• Housing (Miscellaneous Provisions) Act 1997 (21/1997), other than ss. 16, 17 and 24(3)

• Housing (Traveller Accommodation) Act 1998 (33/1998), other than ss. 26 and 27

• Housing (Miscellaneous Provisions) Act 2002 (9/2002), other than ss. 17 to 20, 22, 23 and 24 and schs. 2 and 3

• Housing (Miscellaneous Provisions) Act 2004 (43/2004), other than s. 2

• Housing (Miscellaneous Provisions) Act 2009 (22/2009), other than s. 100

• Housing (Amendment) Act 2013 (22/2013)

• Local Government Reform Act 2014 (1/2014), ss. 1(4), 5(3), sch. 2 part 1, sch. 4 paras. 1 and 14m and sch. 4 para. 16, in so far as they relate to the Housing Act 1966

• Housing (Miscellaneous Provisions) Act 2014 (21/2014)

• Residential Tenancies (Amendment) Act 2015 (42/2015), ss. 1(3), 15, 85 and 87

• Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), ss. 1(2), 67

• Affordable Housing Act 2021 (25/2021)

Acts previously included in this collective citation and construction but now repealed are:

• Housing Act 1969 (16/1969)

• Housing Act 1970 (18/1970)

• Housing Act 1984 (1/1984)

Residential Tenancies Acts 2004 to 2021: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Residential Tenancies (No. 2) Act 2021 (17/2021), s. 19(3)). The Acts in this group are:

• Residential Tenancies Act 2004 (27/2004)

• Residential Tenancies (Amendment) Act 2009 (2/2009)

• Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100

• Residential Tenancies (Amendment) Act 2015 (42/2015), other than ss. 1(3), 15, 85 and 87

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(2)(b), Part 3 (ss. 30-50) and schedule

• Residential Tenancies (Amendment) Act 2019 (14/2019), other than s. 38

• Local Government Rates and Other Matters Act 2019 (24/2019), ss. 25, 26

• Residential Tenancies and Valuation Act 2020 (7/2020), other than s. 14

• Residential Tenancies Act 2020 (17/2020)

• Planning and Development, and Residential Tenancies, Act 2020 (27/2020), Part 3 (ss. 9-16)

• Residential Tenancies Act 2021 (5/2021)

• Residential Tenancies (No. 2) Act 2021 (17/2021)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Affordable Housing Act 2021 (20/2021)

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

• Residential Tenancies (Amendment) Act 2015 (42/2015)

• Urban Regeneration and Housing Act 2015 (33/2015)

• Housing (Miscellaneous Provisions) Act 2014 (21/2014)

• Local Government Reform Act 2014 (1/2014)

• Housing (Amendment) Act 2013 (22/2013)

• Education and Training Boards Act 2013 (11/2013)

All Acts up to and including Sea-Fisheries (Miscellaneous Provisions) Act 2022 (2/2022), enacted 15 March 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Social Housing Assessment (Amendment) Regulations 2021 (S.I. No. 73 of 2022)

• Social Housing Assessment (Amendment) Regulations 2021 (S.I. No. 116 of 2021)

• Housing (Miscellaneous Provisions) Act 2009 (Part 5) Regulations 2019 (S.I. No. 81 of 2019)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2018 (S.I. No. 206 of 2018)

• Housing (Rebuilding Ireland Home Loans) Regulations 2018 (S.I. No. 25 of 2018)

• Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017)

• Social Housing Allocation (Amendment) Regulations 2016 (S.I. No. 503 of 2016)

• Social Housing Assessment (Amendment) Regulations 2016 (S.I. No. 288 of 2016)

• Social Housing Assessments (Summary) Regulations 2016 (S.I. No. 287 of 2016)

• Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015)

• Housing (Incremental Purchase) (Amendment) Regulations 2015 (S.I. No. 483 of 2015)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 32(5A)) Order 2014 (S.I. No. 429 of 2014)

• Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 20(5)) Order 2014 (S.I. No. 405 of 2014)

• Social Housing Assessments (Summary) Regulations 2013 (S.I. No. 26 of 2013)

• Housing (Local Authority Loans) Regulations 2012 (S.I. No. 408 of 2012)

• Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2011 (S.I. No. 680 of 2011)

• Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011)

• Housing (Local Authority Loans) (Amendment) Regulations 2011 (S.I. No. 678 of 2011)

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011)

• Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011)

• Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011)

• Housing (Transfer of Functions) Order 2011 (S.I. No. 85 of 2011)

• Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2011 (S.I. No. 83 of 2011)

• Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010)

• Housing (Interest on Moneys Owed to Housing Authorities) Regulations 2010 (S.I. No. 254 of 2010)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2010 (S.I. No. 253 of 2010)

• Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010)

• Housing (Incremental Purchase) Regulations 2009 (S.I. No. 562 of 2009)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009 (S.I. No. 540 of 2009)

• Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009 (S.I. No. 449 of 2009)

• Housing (Local Authority Loans) Regulations 2009 (S.I. No. 145 of 2009)

All statutory instruments up to and including Finance Act 2021 (Section 62) (Commencement) Order 2022 (S.I. No. 133 of 2022), made 21 March 2022, were considered in the preparation of this revision.

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Number 22 of 2009

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HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 14 March 2022

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Acts Referred to

Arbitration Acts 1954 to 1998
Central Bank Act 1971	1971,No. 24
Civil...