Department of Local Government. Housing (Financial and Miscellaneous Provisions) Acts, 1932 To 1948. The Housing (New Houses) Regulations, 1948.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the Housing (New Houses) Regulations, 1948.
num: 2
paragraphs: In these Regulations—
the expression " the Minister " means the Minister for Local Government ;
the expression " the Acts " means the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1948 ;
the expression " the Principal Act " means the Housing (Financial and Miscellaneous Provisions) Act, 1932 ;
the expression "the Acts of 1948" means the Housing (Amendment) Act, 1948 ;
the expression " appointed officer " means an officer appointed by the Minister for the purposes of the Principal Act.
num: 3
paragraphs: —(1) The conditions in respect of sites, aspects, planning, construction, sanitation and number per acre of houses set out in Schedule I to these Regulations shall be the prescribed conditions under Rule 4 of the First Schedule to the Principal Act in relation to new houses to which these Regulations apply.
(2) Any of the said conditions may be dispensed with by the Minister in any particular case if he is satisfied that exceptional circumstances exist which render rigid adherence to the conditions undesirable.
(3) In any such case where the said conditions are not fully complied with the Minister may reduce the amount of the grant to such amount as he thinks fit or in the case of a grant by a housing authority, may direct such housing authority to reduce the amount of the grant by such amount as he thinks fit and the housing authority shall comply with such direction.
num: 4
paragraphs: The plans published by the Minister under the Housing (Building Facilities) Act, 1924 , and such other plans as may from time to time be published by the Minister and placed on sale shall be prescribed plans under Rule 5 of the First Schedule to the Principal Act in relation to new houses to which these Regulations apply.
num: 5
paragraphs: The date when the erection of a house to which these Regulations apply is begun shall be deemed to be the date when the construction of the foundation is begun, notwithstanding any excavation, site-clearance, cartage of materials or other preliminary work carried out prior to that date.
num: 6
paragraphs: —(1) The floor area of a house to which these Regulations apply shall be the sum of the areas of every floor.
(2) The area of any floor shall be measured within the external or containing walls of the house, and shall include any portion of such floor which is occupied by staircases, landings, interior walls, chimney breasts, bay-windows and similar spaces or structures.
(3) The area of the floor of any room shall, for the purposes of these Regulations be measured within the containing walls of such room.
num: 7
paragraphs: A house to which these Regulations apply may include a party wall of an existing building, but no other portion of an existing building.
num: 8
paragraphs: Where a person or public utility society enters into a contract for the erection of a house to which these Regulations apply, the terms and conditions of any Price Variation Clause included in such contract shall not be less advantageous to such person or public utility society than the terms and conditions of the Clause specified in Schedule II to this Order.
num: 9
paragraphs: —(1) Any doubt, dispute or question, which may arise as to the interpretation of these Regulations and as to the making or the amount of a grant in respect of any house to which these Regulations apply shall be determined by the Minister and such determination shall be final.
(2) For the purpose of determining whether a grant may be made or the amount of a grant in respect of any house the Minister may require satisfactory evidence (and in particular may require a statutory declaration under the Statutory Declarations Act, 1938 ) that the provisions of the Acts and of the Regulations made thereunder have been complied with.
PART II.
num: 10
paragraphs: This Part of the Regulations shall apply only to new houses in respect of the erection of which a grant is sought from the Minister under Section 16 of the Act of 1948.
num: 11
paragraphs: The procedure set out in Schedule III to these Regulations shall be complied with before and during the erection of a house to which this Part of these Regulations applies by the person or public utility society proposing to erect or erecting the same and by the appointed officer.
num: 12
paragraphs: The forms set out in Schedule IV to these Regulations or forms to the like effect, varied as circumstances may require, shall be prescribed forms and shall be used for the purposes to which they are respectively expressed to be applicable in relation to houses to which this Part of these Regulations applies.
num: 13
paragraphs: No grant shall be payable in respect of a house, to which this Part of these Regulations applies, notwithstanding the issue of a certificate of the appointed officer required by this Part of these Regulations that any of the provisions of the Acts or these Regulations have been complied with until the Minister is satisfied after taking such steps as he may think desirable as to the accuracy of such certificate.
num: 14
paragraphs: Where a house to which this Part of these Regulations applies is to contain or be connected with a shop, office, business premises, garage or stable—
(a) the appointed officer shall not issue a certificate of approval in respect thereof unless such shop, office, business premises, garage or stable has a distinct and separate entrance ;
(b) such shop, office, business premises, garage or stable shall be deemed not to be part of such house for the purposes of the Acts and of this Part of these Regulations.
num: 15
paragraphs: —(1) The Minister may pay an instalment of a grant in respect of a house to which this Part of these Regulations applies when the house has been roofed and the work done has been certified by the appointed officer or on appeal by the Minister to have been carried out in a proper and workmanlike manner.
(2) The final payment of the grant shall not be made until the house shall have been certified by the appointed officer or on appeal by the Minister to have been completed in a proper and workmanlike manner.
(3) Any person aggrieved by the neglect or refusal of the appointed officer to give a certificate required by either of the foregoing paragraphs of this Article may appeal to the Minister, and on such appeal the Minister may, as he shall think proper, give or refuse such certificate and the decision of the Minister on such appeal shall be final.
PART III.
num: 16
paragraphs: This Part of these Regulations shall apply only to new houses in respect of the erection of which a grant is sought from the Minister under Part II of the Principal Act and Section 17 of the Act of 1948.
num: 17
paragraphs: Part II of these Regulations (except paragraph 6 of Schedule III) shall apply mutatis mutandis to a house to which Article 16 applies.
PART IV.
num: 18
paragraphs: This Part of these Regulations shall apply only to new houses in respect of the erection of which grants are sought from the housing authority under Section 19 of the Act of 1948.
num: 19
paragraphs: —(1) The proposal to erect a house to which this Part of these Regulations applies shall be submitted to the housing authority by the person proposing the same in the form of a scheme (in this part of these Regulations referred to as " the scheme ").
(2) The scheme shall be accompanied by :—
(a) detailed plans and specifications;
(b) an undertaking in writing signed by the person proposing to erect the house that, subject to the provisions of these Regulations, he will not sell the house and that he will let the house subject to the provisions of these Regulations ;
(c) an undertaking in writing signed by the person proposing to erect the house that throughout the erection of the house, rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and conditions of labour generally recognised by trade unions in the area at the commencement of such erection.
(3) The scheme may relate to one or more than one house.
num: 20
paragraphs: If the housing authority are satisfied that the scheme and the houses to be erected thereunder comply with the requirements of the Acts and of these Regulations, the housing authority shall submit the scheme and the accompanying documents to the Minister and at the same time shall notify the Minister of the amount of the grant proposed to be made by the housing authority in respect of the scheme.
num: 21
paragraphs: When the scheme has been submitted to the Minister in accordance with the next preceding Article of these Regulations, and the Minister is satisfied that the scheme, the houses to be erected thereunder and the amount of the grant proposed to be made by the housing authority in respect of the scheme comply with the requirements of the Acts and of these Regulations, the Minister shall notify the housingauthority accordingly and thereupon the housing authority shall allocate provisionally a grant of the said amount to the person by whom the scheme was submitted to the housing authority and shall notify that person and the Minister of such provisional allocation.
num: 22
paragraphs: —(1) A house to which this Part of these Regulations applies shall not be connected with a shop or other business premises.
(2) A house to which this Part of these Regulations applies shall when completed be let only on a monthly or lesser tenancy.
(3) No fine or other charge except the rent reserved in the letting and a deposit in respect thereof not exceeding three months rent shall be charged or made in respect of such letting.
(4) The person to whom the grant is to be made shall not reside in the house.
(5) The rent reserved in the letting shall not include any charge in respect of the use of furniture.
(6) The letting agreement shall provide that the tenant shall not sub-let, sub-divide, or part with or share possession of the house or any part thereof.
(7) The letting agreement shall not include any clause restricting the orderly use of the house as a dwelling house by the tenant and his household.
(8) The title deed of a house to which this Part of these Regulations applies shall have endorsed thereon a note to the effect that an undertaking has been given in pursuance of Section 19 of the Act of 1948, that, subject to the provisions of these Regulations, the house will not be sold and that it will be let subject to the provisions of these Regulations.
num: 23
paragraphs: A house to which this Part of these Regulations applies may, with the consent of the housing authority, be sold if the following conditions are fulfilled :—
(a) The consent of the housing authority shall not be given before the first instalment of the grant has been paid by the housing authority ;
(b) the house shall not be sold while it is untenanted and shall be sold subject to the tenancy existing at the time of sale ;
(c) the house shall not be sold to the tenant thereof ;
(d) the vendor shall assign to the purchaser his interest in any instalments of the grant that have not been paid at the time of sale ;
(e) the purchaser shall give to the housing authority an undertaking that subject to the provisions of these Regulations, he will not sell the house and that he will let the house subject to the provisions of these Regulations and particulars of such undertaking shall be endorsed on the title deed of the house.
num: 24
paragraphs: —(1) No instalment of a grant shall be paid by the housing authority in respect of a house to which this Part of these Regulations applies until the housing authority are satisfied—
(a) that the house has been completed in a proper and workmanlike manner in accordance with the provisions of the Acts and of these Regulations ;
(b) that the house is being maintained in sound structural and sanitary condition and in good repair, and
(c) that the house has been let in accordance with the provisions of these Regulations and that the undertaking given that, subject to the provisions of these Regulations, the house will not be sold and that it will be let subject to the provisions of these Regulations, has been and is being complied with.
(2) For the purpose of determining whether an instalment of a grant may be paid the housing authority may require satisfactory evidence that the provisions of the Acts and of these Regulations have been complied with and in particular may require the production of title deeds and letting agreements and the submission of statutory declarations under the Statutory Declarations Act, 1938 , and they may cause the house to be inspected by a duly authorised officer of the housing authority at all reasonable times.
num: 25
paragraphs: —(1) The housing authority shall record in a Register specially prepared for the purpose particulars of all grants allocated by them in respect of houses to which this Part of these Regulations applies and particulars of all instalments paid by them on foot of such grants.
(2) After the thirty-first day of March and the thirtieth day of September in each year the housing authority shall submit to the Minister particulars of all instalments of grants paid by the housing authority in the preceding half-year in respect of houses to which this Part of these Regulations applies and the Minister, if satisfied that the instalments have been paid by such housing authority in accordance with the provisions of the Acts and of these Regulations may recoup to such housing authority an amount not exceeding two-thirds of the amount of such instalments.
(3) For the purposes of determining whether an instalment paid by a housing authority in respect of a house to which this Part of these Regulations applies has been paid by such housing authority in accordance with the provisions of the Acts and of these Regulations the Minister may require satisfactory evidence that the provisions of the Acts and of these Regulations have been complied with and may cause the house to be inspected by a duly authorised officer of the Minister at all reasonable times.
PART V.
num: 26
paragraphs: This Part of these Regulations shall apply only to new houses in respect of the erection of which grants are sought from the Minister and the housing authority under Section 20 of the Act of 1948.
num: 27
paragraphs: —(1) The proposal to erect a house to which this Part of these Regulations applies shall be submitted to the Minister by the public utility society proposing the same in the form of a scheme (in this Part of these Regulations referred to as " the scheme ").
(2) The scheme shall be accompanied by :—
(a) detailed plans, specifications and detailed estimates of the cost of the work ;
(b) a statement of the total all-in cost of the scheme ;
(c) a statement showing the rent proposed to be charged for the house and the estimated annual income and expenditure under the scheme ;
(d) an undertaking in writing signed by a responsible officer of the society that the house when completed will not be sold and will be let only on a monthly or lesser tenancy to a person of the working classes or an agricultural labourer as defined in the Labourers Acts, 1883 to 1948, at a rent not exceeding such rent as may be approved by the Minister ;
(e) an undertaking in writing, signed by a responsible officer of the Society that throughout the erection of the house rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and conditions of labour generally recognised by trade unions in the area at the commencement of such erection,
(f) such evidence as the Minister many require to satisfy himself that the public utility society is a public utility society within the meaning of the Acts.
num: 28
paragraphs: —(1) If the Minister is satisfied :
(a) that the public utility society is a public utility society within the meaning of the Acts,
(b) that the scheme and the house to be erected thereunder comply with the requirements of the Acts and of these Regulations, and
(c) as to the rent proposed to be charged for the house, he may approve of the scheme and of the said rent.
(2) At any time before a house erected under the scheme is let the Minister may, on the application of the public utility society erecting the house, approve of an alteration of the rent to be charged under the scheme for that house.
(3) The scheme may relate to one house or to more than one house.
num: 29
paragraphs: When the Minister has approved of the scheme under the next preceding Article of these Regulations he shall determine the amount of grant to be made by him in respect of each house to be erected under the scheme and shall notify the public utility society by whom the scheme was submitted and the housing authority of the amount so determined.
num: 30
paragraphs: When the scheme has been approved by the Minister :—
(a) the public utility society shall keep separate accounts relating to the scheme and shall furnish to the Minister a statement certified by an Auditor approved by the Minister showing the total all-in cost of the scheme,
(b) the public utility society shall, if required by the Minister, permit any auditor nominated by him to have access to any books, deeds and accounts relating to the scheme,
(c) the public utility society shall prepare a balance sheet and summary for each financial year of the accounts relating to the scheme and, if required by the Minister, shall furnish a copy thereof to the Minister at the conclusion of the financial year to which it relates.
num: 31
paragraphs: No grant shall be payable in respect of a house to which this Part of these Regulations applies notwithstanding the approval by the Minister of the scheme and the notification by him of the amount of the grant to be made until the Minister is satisfied that the requirements of the Acts and of these Regulations have been complied with.
num: 32
paragraphs: —(1) The Minister may pay an instalment of a grant when the house has been roofed and he is satisfied that the work done has been carried out in a proper and workmanlike manner.
(2) The final payment of the grant shall not be made until the Minister is satisfied that the erection of the house has been completed in a proper and workmanlike manner and that the house is occupied by a person of the working classes or an agricultural labourer and is let to him at a rent approved by the Minister.
num: 33
paragraphs: A house to which this Part of these Regulations applies shall not be connected with a shop or other business premises.
num: 34
paragraphs: When the Minister pays a grant or an instalment thereof in respect of the erection of a house to which this Part of these Regulations applies he shall notify the housing authority.
num: 35
paragraphs: When a housing authority receive a notification from the Minister that he has determined the amount of grant payable by him in respect of the scheme the housing authority shall, forthwith, allocate to the public utility society by whom the scheme was submitted to the Minister a grant not exceeding the appropriate sum specified in the Fifth Schedule to the Act of 1948 and shall notify the public utility society and the Minister of the grant so allocated.
num: 36
paragraphs: When a housing authority receive a notification from the Minister that he has paid a grant or an instalment thereof to a public utility society in respect of the erection of a house to which this Part of these Regulations applies and the grant allocated by the housing authority in respect of the said house is to be paid wholly or partly by way of a grant of money the housing authority shall make a payment to the public utility society of the whole or a proportionate part of such grant of money as the case may be and shall notify the Minister of the amount so paid.
num: 37
paragraphs: Save in accordance with the next preceding Article of these Regulations a housing authority shall not pay any grant by way of a grant of money in respect of the erection of a house to which this Part of these Regulations apply and if for any reason the Minister reduces the amount of the grant determined by him to be payable by him in respect of the scheme the housing authority shall reduce proportionately the amount of the grant allocated by them in respect of the scheme.
num: 38
paragraphs: The procedure set out in Schedule V to these Regulations shall be followed by a housing authority making a grant to a public utility society wholly or partly by way of a grant of land in respect of the erection of a house to which this Part of these Regulations applies and by the public utility society.
num: 39
paragraphs: Every housing authority shall record in a Register specially prepared for the purpose particulars of grants made by them in respect of the erection of houses to which this Part of these Regulations applies.
PART VI.
num: 40
paragraphs: This Part of these Regulations shall apply only to new houses in respect of the erection of which grants are sought from the Minister and the housing authority under Section 21 of the Act of 1948.
num: 41
paragraphs: Part V of these Regulations (except Articles 35, 36, 37 and 38) shall apply mutatis mutandis to a house to which Article 40 applies.
num: 42
paragraphs: When a housing authority receive a notification from the Minister that he has determined the amount of grant payable by him in respect of the scheme the housing authority shall, forthwith, allocate to the public utility society by whom the scheme was submitted to the Minister a grant not exceeding the appropriate sum specified in the Sixth Schedule to the Act of 1948 and shall notify the public utility society and the Minister of the grant so allocated.
num: 43
paragraphs: When a housing authority receive a notification from the Minister that he has paid a grant or an instalment thereof to a public utility society in respect of the erection of a house to which this Part of these Regulations applies the housing authority shall pay to the public utility society the whole or a proportionate part as the case may be of the grant allocated by them in respect of the said house and shall notify the Minister of the amount so paid.
num: 44
paragraphs: Save in accordance with the next preceding Article of these Regulations a housing authority shall not pay any grant in respect of a house to which this Part of these Regulations applies and, if for any reason the Minister reduces the amount of the grant determined by him to be payable by him in respect of the scheme the housing authority shall reduce proportionately the amount of the grant allocated by them in respect of the scheme.
GIVEN under the Official Seal of the Minister for Local Government this twenty-first day of April, One Thousand Nine Hundred and Forty-eight.
(Signed) T. J. MURPHY,
Minister for Local Government.
The Minister for Finance hereby consents to the foregoing Regulations.
(Signed) P. McGILLIGAN,
Minister for Finance.