Housing (Standards For Rented Houses) Regulations, 1993

JurisdictionIreland
CitationIR SI 147/1993
Year1993

S.I. No. 147 of 1993.

HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS, 1993.

CONTENTS

1. Citation.

2. Commencement.

3. Interpretation.

4. Application.

5. Structural Condition.

6. Sinks, waterclosets, fixed baths, showers and water supply.

7. Heating, cooking and food storage.

8. Electricity and gas.

9. Ventilation and lighting.

10. Common areas, facilities and stairways.

11. Basements, outoffices, yards and boundaries.

12. Revocation.

S.I. No. 147 of 1993.

In exercise of the powers conferred on the Minister for the Environment by section 5 of the Housing Act, 1966 (No. 21 of 1966), as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), and by section 18 of the Housing (Miscellaneous Provisions) Act, 1992 , which powers are delegated to me by the Environment (Delegation of Ministerial Functions) (No. 2) Order, 1993 ( S.I. No. 128 of 1993 ), I, EMMET STAGG, Minister of State at the Department of the Environment, hereby make the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Housing (Standards for Rented Houses) Regulations, 1993.

2 Commencement.

2. (a) Subject to paragraph (b) of this article, these Regulations shall come into operation on the 1st day of January, 1994.

( b ) These Regulations shall come into operation on the 1st day of January, 1998, as respects houses let by housing authorities pursuant to any of their functions under the Housing Acts, 1966 to 1992.

3 Interpretation.

3. (1) In these Regulations, "house" includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith.

(2) In these Regulations, any reference to a sub-article is a reference to a sub-article of the article in which the reference occurs.

(3) Any requirement of these Regulations with respect to repair shall be construed as requiring a standard of repair that is reasonable in all the circumstances and, in determining the appropriate standard of repair, regard shall be had to the age, character and prospective life of the house.

(4) Nothing in these Regulations shall be taken—

( a ) as requiring or authorising anything to be done in connection with a water supply, drainage system or the supply of gas or electricity otherwise than in accordance with the enactments relating thereto, or

( b ) as creating an obligation to—

(i) take any action which is the responsibility of a local authority or statutory undertaker, other than such action as may be necessary to bring the matter to the attention of the local authority or statutory undertaker concerned, or

(ii) repair or maintain in good repair, working order or in a clean condition anything which a tenant is entitled to remove from a house.

(5) Sub-article (4) shall not be construed as exempting a housing authority from their duties under these Regulations as respects houses let by them.

(6) In this article—

"local authority" has the meaning assigned to it by the Local Government Act, 1941 (No. 23 of 1941);

"statutory undertaker" means a person authorised by or under statute to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, telephone, postal or other public undertaking.

4 Application.

4. (1) These Regulations shall apply to every house let for rent or other valuable consideration solely as a dwelling unless the house is let —

( a ) bona fide for the temporary convenience of or to meet a temporary necessity of the landlord or tenant,

( b ) to a person only for the purpose of conferring on that person the right to occupy the house for a holiday,

( c ) by a health board or by an approved body, as accommodation with sanitary, cooking, dining or other essential facilities provided for communal use within the building which contains the house, or

( d ) by a housing authority pursuant to any of their functions under the Housing Acts, 1966 to 1992, and is a demountable house.

(2) In sub-article (1) (c) "approved body" means—

( a ) a body standing approved of under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 ;

( b ) a voluntary body standing approved of by the Minister for Health or by a health board for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder.

5 Structural Condition.

5. (1) A house to which these Regulations apply (hereinafter referred to as "the house") shall be maintained in a proper state of structural repair.

(2) For the purpose of sub-article (1) "a proper state of structural repair" means essentially sound, with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or...

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