Housing Regulations, 1980

JurisdictionIreland
CitationIR SI 296/1980

S.I. No. 296 of 1980.

HOUSING REGULATIONS, 1980

CONTENTS

PART I

Preliminary and general

Page

1.

Citation.

8

2.

Interpretation.

8

3.

Information on applications.

9

4.

Inspections.

9

5.

Revocations.

9

PART II

Grants by Minister for provision of new houses

6.

Scope of Part II.

9

7.

New house grants.

9

8.

Sizes of houses.

10

9.

Previous grants or subsidies.

10

10.

Certificates of reasonable value.

10

11.

Occupation and ownership of houses.

10

PART III

Grants by Minister for improvement of houses

12.

Scope of Part III.

12

13.

Definition.

12

14.

Miscellaneous provisions.

12

15.

Ordinary improvement grants.

14

16.

Special grants.

14

17.

Further grants.

16

18.

Grants for essential repairs.

17

19.

Grants for houses on certain islands.

17

20.

Grants to housing authorities.

19

PART IV

Grants and other assistance by housing authorities

21.

Scope of Part IV.

20

22.

Grants for accommodation of handicapped and mentally ill.

20

23.

Grants for essential repairs.

22

24.

Miscellaneous provisions.

22

PART V

Grants by Minister for housing of elderly persons and others

25.

Scope of Part V.

23

26.

Grants to approved bodies.

23

27.

Amounts of grants.

23

28.

Previous grants or subsidies.

23

PART VI

Loans by housing authorities for acquisition or construction of houses

29.

Scope of Part VI.

24

30.

Definitions.

24

31.

Amounts of loans.

24

32.

Financial circumstances of applicants.

25

33.

Special categories of loans.

26

34.

Value of houses.

28

35.

References to Commissioner of Valuation.

29

36.

Use as a dwelling.

29

37.

Making of loans by instalments.

29

38.

Repayment periods.

29

39.

Rates of interest.

30

40.

Manner of repayment of loans.

30

41.

Special pre-payments of loans.

30

42.

Duties of housing authorities.

30

43.

Duties of borrowers.

31

44.

Transfers of interest by borrowers.

32

45.

Liabilities of borrowers.

32

46.

Defaults.

32

47.

Payment of subsidies under Part X.

33

48.

Records.

34

49.

Transitional provision.

34

PART VII

Loans by housing authorities for improvement of houses

50.

Scope of Part VII.

34

51.

Secured loans by housing authorities.

35

52.

Unsecured loans by housing authorities.

35

53.

Financial circumstances of applicants.

35

54.

Amounts of loans.

36

55.

Repayment periods.

36

56.

Rates of interest.

36

57.

Manner of repayment of loans.

36

58.

Special pre-payments of loans.

37

59.

Miscellaneous provisions.

37

PART VIII

Subsidies by Minister to housing authorities for provision of sites for private housing

60.

Scope of Part VIII.

37

61.

Site subsidies.

37

62.

Conditions of payment of subsidies.

38

PART IX

Subsidies by Minister for houses provided by housing authorities for letting

63.

Scope of Part IX.

38

64.

Conditions of payment of subsidy.

39

65.

Subsidies not payable.

41

PART X

Subsidies by Minister and housing authorities for purchase or construction of houses

66.

Scope of Part X.

41

67.

Subsidies by Minister.

41

68.

Amounts of subsidies under article 67.

42

69.

Subsidies by housing authorities.

43

70.

Previous subsidies.

43

71.

Recoupments of subsidies to Minister.

43

PART XI

Subsidies by Minister to building societies

72.

Scope of Part XI.

44

73.

Definition.

44

74.

Interest subsidies.

44

75.

Amounts of subsidies.

44

76.

Limitations on payment of subsidies.

45

PART XII

Certificates of reasonable value

77.

Scope of Part XII.

45

78.

Loans to which section 18(2) of Act of 1979 applies.

45

79.

Documents to accompany applications.

46

80.

Additional information.

46

81.

Price variation clauses.

46

82.

Fees.

47

PART XIII

Miscellaneous

83.

Letting of houses by housing authorities.

47

84.

Fee for purposes of section 13 of Act of 1979.

50

85.

Forms of transfer orders for purposes of section 90 of Act of 1966.

50

First Schedule

Regulations revoked

51

Second Schedule

Islands to which articles 7, 19, 31, 33 and 51 apply

52

Third Schedule

Price variation clause for purposes of article 81

53

Fourth Schedule

Forms of transfer orders

54

Explanatory note

60

S.I. No. 296 of 1980

HOUSING REGULATIONS, 1980

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 , 58 and 90 of the Housing Act, 1966 (No. 21 of 1966) and by sections 4 to 13 and section 18 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), with the consent of the Minister for Finance, and as respects Part IV, with the consent of the Minister for the Gaeltacht, hereby makes the following Regulations:

PART I Preliminary and general

1 Citation

1. These Regulations may be cited as the Housing Regulations, 1980.

2 Interpretation

2. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations—

"the Act of 1966" means the Housing Act, 1966 ;

"the Act of 1979" means the Housing (Miscellaneous Provisions) Act, 1979 ;

"approved cost", in relation to improvement works, means the cost estimated by the Minister or by the housing authority, as the case may be, to be the reasonable cost of improvement works in respect of which a grant or a loan is sought in accordance with these Regulations;

"borrower" means a person to whom a loan is made and includes a person applying for a loan and the successor in title of the person to whom a loan is made;

"the Minister" means the Minister for the Environment.

3 Information on applications

3. An application for a grant, loan or subsidy under the Act of 1966 or the Act of 1979 shall be supported by such information as the Minister or the housing authority, as the case may be, may require, and in particular, the person making the application may be required to make a statutory declaration under the Statutory Declarations Act, 1938 (No. 37 of 1938), as extended by section 19 of the Act of 1979, in relation to the application.

4 Inspections

4. An applicant for a grant, loan or subsidy under the Act of 1966 or the Act of 1979 or for a certificate of reasonable value or a certificate of exemption under section 18 of the Act of 1979 shall arrange that the site and house concerned are open for inspection at all reasonable times by persons authorised by the Minister or the housing authority, as the case may be.

5 Revocations

5. The Regulations specified in the First Schedule are hereby revoked.

PART II Grants by Minister for provision of new houses

6 Scope of Part II

6. This Part shall apply to grants by the Minister under section 4 of the Act of 1979 to persons providing new houses.

7 New house grants

7. A grant payable by the Minister to a person providing a new house shall not exceed—

(a) £2,400 where the house is located on an island specified in the Second Schedule and the person either—

(i) purchases the house and a contract for the purchase was not made before the 6th day of February, 1979, or

(ii) builds the house and the foundations were not completed before the 6th day of February, 1979, or

(b) £1,000 in any other case, where the person either—

(i) purchases the house and a contract for the purchase was not made before the 27th day of May, 1977, or

(ii) builds the house and the foundations were not completed before the 27th day of May, 1977.

8 Sizes of houses

8. The total floor area of a house for which a grant may be paid shall be—

(a) not less than 30 square metres and not more than 125 square metres, where the house is a separate self-contained flat or maisonette in a building of two or more storeys,

(b) not less than 35 square metres and not more than 125 square metres in any other case.

9 Previous grants or subsidies

9. A grant shall not be paid where a grant or subsidy (other than a subsidy under section 11 of the Act of 1979) for the provision of the house has been paid under any enactment (including the Act of 1979).

10 Certificates of reasonable value

10. Where a house is provided for sale within the meaning of section 18 of the Act of 1979, a grant shall not be paid in respect of the house unless a certificate of reasonable value is granted under that section in respect of such sale and the conditions subject to which the certificate is granted are complied with.

11 Occupation and ownership of houses

11. (1) A grant shall not be paid to a person for the provision of a house unless—

(a) the person occupies the house on completion as his normal place of residence,

(b) the person had not occupied the...

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