Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 609/2001
• Year: 2001

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Housing Act, 1966 (S.I. No. 21 of 1966), as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 (S.I. No. 18 of 1992), and by section 5 of the Housing (Miscellaneous Provisions) Act, 1979 (S.I. No. 27 of 1979), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, with the consent of the Minister for Finance, hereby make the following Regulations:

1. These Regulations may be cited as the Housing (New House Grant etc.) Regulations, 1990 (Amendment) Regulations, 2001.

2. In these Regulations -

“the Regulations of 1990” means the Housing (New House Grant etc.) Regulations, 1990 ( S.I. No. 34 of 1990 )

“the Regulations of 1993” means the Housing (New House Grant etc.) Regulations, 1990 (Amendment) Regulations, 1993 ( S.I. No. 350 of 1993 )

“the Regulations of 1995” means the Housing (New House Grants etc.) Regulations, 1990 (Amendment) Regulations, 1995 ( S.I. No. 211 of 1995 )

3. Article 5 of the Regulations of 1990 (as substituted by the Regulations of 1993) is hereby amended by

“(5) (1) A grant to a person under this article, other than in respect of a house located on an island specified in the Second Schedule, shall not exceed —

(a) €3,810 where -

(i) the person makes, on or after the 1st day of January 2002 a contract for the purchase of the house, or

(ii) the person has the house built on a site he has available and makes, on or after the 1st day of January 2002, either a contract or contracts for the building of the house or a payment, which included value-added tax of not less than 12½ per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(b) £3,000 (€3,809.2) where -

(i) the person makes, on or after the 25th day of February 1993 and on or before 31st December 2001, a contract for the purchase of the house, or

(ii) the person has the house built on a site he has available and makes, on or after the 25th day of February 1993 and on or before 31st December 2001, either a contract or contracts for the building of the house or a payment, which included value-added tax at the applicable rate at that time, in respect of the poured concrete and concrete blocks used in the building of the house;

(c) £2,000 (€2,539.47) where -

(i) the person makes, on or after the 1st day of May 1985 and on or before 24th day of February 1993, a contract for the purchase of the house, or

(ii) the person has the house built on a site he has available and makes, on or after the 1st day of May 1985 and on or before 24th of February 1993, either a contract or contracts for the building of the house or a payment, which included value-added tax of not less than 10 per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(d) £1,000 (€1269.73) where paragraph (a), (b) or (c) of this sub-article does not apply

(2) A grant to a person under this article in respect of a house located on an island specified in the Second Schedule shall not exceed-

(a) IR£9,600 before 1 January 2002 and €12,190 on or after 1 January 2002 where —

(i) the person makes, on or after the 1st day of January, 1999, a contract for the purchase of the house, or

(ii) the person has the house built on a site he has available and makes, on or after the 1st day of January 1999 either a contract or contracts for the building of the house or a payment, which includes value-added tax at a rate of not less than 12½ per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(b) IR£4,800 before 1 January 2002 and €6,094.74 on or after 1 January 2002 where -

(i) the person makes, on or after the 25th day of February 1993 and on or before the 31st day of December 1998 a contract for the purchase of the house, or

(ii) the person has the house built on a site he has available and makes, on or after the 25th day of February 1993 and on or before 31st day of December 1998, either a contract or contracts for the building of the house or a payment, which included value-added tax at the applicable rate at that time, in respect of the poured concrete and concrete blocks used in the building of the house;

(c) IR£3,600 before 1 January 2002 and €4,571.06 on or after 1 January 2002 where —

(i) the person makes, on or after the 1st day of May 1985 and on or before 24th day of February 1993 a contract for the purchase of the house, or

(ii) the person has the house built on a site he has available and makes, on or after the 1st day of May 1985 or on or before 24th day of February 1993, either a contract or contracts for the building of the house or a payment, which included value-added tax of not less than 10 per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(d) IR£2,400 before 1 January 2002 and €3,047.37 on or after 1 January 2002 where paragraph (a), (b) or (c) of this sub-article does not apply.”.

4. The following paragraph is hereby substituted for paragraph (j) of sub article (1) of article 6 of the Regulations of 1990 as substituted by article 2 of the Regulations of 1995:

“(j) in the case of a house the foundations of which are completed on or after the 1st day of November, 2000 and which is located in —

I. the county borough of Dublin, or

II. the administrative county of Dun Laoghaire-Rathdown other than the areas specified in Part I of the Schedule, or

III. the administrative county of Fingal other than the areas specified in Part II of the Schedule, or

IV. the administrative county of South Dublin other than the areas specified in Part III of the Schedule, or

V. the county borough of Cork, or

VI. the areas of the administrative county of Cork specified in Part IV of the Schedule or

VII. the county borough of Limerick, or

VIII. he areas of the administrative county of Limerick specified in Part V of the Schedule, or

IX. the areas of the administrative county of Clare specified in Part VI of the Schedule, or

X. the urban district of Arklow, or

XI. the areas of the administrative county of Wicklow specified in Part VII of the Schedule, or

XII. the borough of Drogheda, or

XIII. the areas of the administrative county of Meath specified in Part VIII of the Schedule, or

XIV. the urban district of Dundalk, or

XV. the borough of Wexford, or

XVI. the area of the administrative county of Wexford specified in Part IX of the Schedule, or

XVII. the areas of the administrative county of Kildare specified in Part X of the Schedule, or

XVIII. the county borough of Galway, or

XIX. the town of Leixlip, or

XX. the urban district of Naas, or

XXI. the county borough of Waterford, or

XXII. the areas of the administrative county of Kilkenny specified in Part XI of the Schedule

unless the house has a principal means of space and water heating which uses electricity, gas or oil, or a solid fuel burning appliance of a type designed to use smokeless fuel;”.

5. Sub-article (3) and sub-article (4) of article 6 of the Regulations of 1990 are hereby revoked.

6. The Regulations of 1990, as amended by article 3 of the Regulations of 1995, are hereby amended by the substitution of the Schedule to these Regulations for the Third Schedule thereto.

Schedule

“Third Schedule

Part I

Excluded areas of the administrative county of Dun-Laoghaire Rathdown

1. The District Electoral Division of Tibradden.

2. That part of the District Electoral Division of Glencullen situated west of an imaginary line drawn as follows:—

Commencing at the junction of Slate Cabin Lane and...