Housing (Miscellaneous Provisions) Act 2009
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: — (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2009.
(2) The Housing Acts 1966 to 2004 and this Act (other than section 100 ) may be cited together as the Housing Acts 1966 to 2009 and shall be construed together as one Act.
(3) Section 100 and, in so far as it relates to that section, this section shall be construed as one with the Residential Tenancies Acts 2004 and 2009 and shall be included in the collective citation “Residential Tenancies Acts 2004 and 2009”.
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paragraphs: — (1) In this Act—
“ Act of 1988 ” means the Housing Act 1988 ;
“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992 ;
“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997 ;
“ Act of 2002 ” means the Housing (Miscellaneous Provisions) Act 2002 ;
“ affordable housing ” means affordable dwellings purchased under affordable dwelling purchase arrangements under Part 5 or affordable housing provided under Part V of the Planning and Development Act 2000 or Part 2 of the Act of 2002, as the case may be;
“ allocation scheme ” has the meaning given to it by section 22 ;
“ anti-social behaviour ” has the same meaning as in section 1 of the Act of 1997;
“ approved body ” means a body standing approved of for the purposes of section 6 of the Act of 1992;
“ caravan ” has the same meaning as in section 13 of the Act of 1988;
“Chapter 4 tenancy agreement” has the meaning given to it by section 25 and references to “Chapter 4 tenancy” shall be construed accordingly;
“ development plan” has the same meaning as in section 2 of the Planning and Development Act 2000 ;
“ dwelling ” includes any building or part of a building occupied or intended for occupation as a normal place of residence and includes any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith and includes a house, flat, apartment, maisonette or hostel;
“ estate management ” has the same meaning as in section 1 of the Act of 1997;
“ executive function ” has the same meaning as in section 2 of the Local Government Act 2001 ;
“homelessness action plan” has the meaning given to it by section 37 ;
“homelessness consultative forum” has the meaning given to it by section 38 ;
“homeless person” means a person who is regarded by a housing authority as being homeless within the meaning of section 2 of the Act of 1988 and “homeless” and “homeless household” shall be construed accordingly;
“joint homelessness consultative forum” shall be read in accordance with section 38 ;
“household” means, subject to sections 20 and 84 , a person who lives alone or 2 or more persons who live together;
“ housing action programme ” has the meaning given to it by section 18 ;
“ housing authority ” has the same meaning as in section 23 of the Act of 1992;
“ housing services ” shall be read in accordance with section 10 ;
“ housing services plan ” has the meaning given to it by section 14 ;
“ housing strategy ” has the same meaning as in section 93 of the Planning and Development Act 2000 ;
“ housing support ” shall be read in accordance with section 10 (a);
“ local authority ” means a local authority for the purposes of the Local Government Act 2001 ;
“ manager ” has the same meaning as in section 2 of the Local Government Act 2001 ;
“ market rent ” has the same meaning as in section 24 of the Residential Tenancies Act 2004 ;
“material improvements” means improvements made to—
(a) a dwelling sold under an incremental purchase arrangement under Part 3 , or
(b) subject to section 78 (3), a dwelling sold under an affordable dwelling purchase arrangement under Part 5 ,
whether for the purposes of extending, enlarging, repairing or converting the dwelling, but does not include decoration, or any improvements carried out on the land including the construction of the dwelling;
“ Minister ” means the Minister for the Environment, Heritage and Local Government;
“ prescribed ” means prescribed by regulations made by the Minister under this Act;
“ Principal Act” means the Housing Act 1966 ;
“public private partnership arrangement” has the same meaning as in section 3 of the State Authorities (Public Private Partnership Arrangements) Act 2002 ;
“ refurbishment ” in relation to a dwelling or other building, includes the enlargement, improvement, adaptation or reconstruction of such dwelling or other building;
“ rental accommodation availability agreement ” has the meaning given to it by section 24 ;
“ rent scheme ” has the meaning given to it by section 31 ;
“ reserved function ” has the same meaning as in section 2 of the Local Government Act 2001 ;
“ social housing assessment ” has the meaning given to it by section 20 ;
“ social housing support ” shall be read in accordance with section 19 .
(2) In this Act references to “borough council”, “county council” and “town council” shall be read in accordance with the Local Government Act 2001 .
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paragraphs: — (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.
(2) Regulations made under this Act may—
(a) contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and
(b) may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, apartment complexes (within the meaning of section 50 ), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50 ), dwellings, tenancies, loans, mortgages, persons, households, works or other matters.
(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: — (1) The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions.
(2) The Minister may, by direction in writing, revoke or amend a direction under subsection (1), including a direction under this subsection.
(3) Whenever the Minister gives a direction under this section, he or she shall publish the direction or cause it to be published in the manner he or she considers appropriate.
(4) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any direction given to it under this section.
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paragraphs: — (1) The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions.
(2) The Minister shall publish or cause to be published, in the manner he or she considers appropriate, any guidelines issued under this section.
(3) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any guidelines issued to it under this section.
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paragraphs: — Without prejudice to section 12 , sections 4 and 5 shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case with which a housing authority is or may be concerned.
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paragraphs: — The Acts specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule.
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paragraphs: — The Acts specified in Schedule 2 are amended as indicated in that Schedule.
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paragraphs: — The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: — In performing its functions under the Housing Acts 1966 to 2009, a housing authority may provide housing services, including, but not necessarily limited to, all or any of the following—
(a) housing support provided to households for the purposes of meeting their accommodation needs, including:
(i) social housing support;
(ii) affordable housing;
(iii) the granting of shared ownership leases under section 3 of the Act of 1992;
(iv) the sale, or consent to the sale, of dwellings under section 90 of the Principal Act;
(v) subsidies payable under section 4 of the Act of 1992 or section 7 of the Act of 2002;
(vi) loans made under section 11 of the Act of 1992 or section 25 (1) of the Housing (Traveller Accommodation) Act 1998 ;
(vii) grants for works of improvement or adaptation to houses under section 5 of the Act of 1992;
(viii) grants and other assistance for the provision of new houses or improvement works to houses under section 6 of the Housing (Miscellaneous Provisions) Act 1979 ;
(ix) services provided to homeless persons under section 10 of the Act of 1988;
(x) the provision of sites under section 57 of the Principal Act,
(b) assistance, other than financial assistance or housing support, provided—
(i) in accordance with a homelessness action plan to households that were formerly homeless before their occupation of their current accommodation and, in the opinion of the housing authority, such assistance is necessary for the purposes of supporting those households in remaining in occupation of that accommodation, or
(ii) to tenants of dwellings to which section 31 (1) applies,
(c) the management, maintenance and refurbishment under section 28 of any dwelling, building or land of which the housing authority is the owner or which is under its management and control, and
(d) the reconstruction or improvement under section 12 of the Act of 1988 of certain houses provided by housing authorities.
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paragraphs: — (1) In this section “ ancillary services ” include roads, shops, facilities for the benefit of the community (including health and leisure facilities), playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and other such works or services, as will, in the opinion of a housing authority, serve a beneficial purpose either in connection with the requirements of the households for which the dwellings concerned are provided or in connection with the requirements of other households.
(2) In providing housing services and in connection with dwellings provided, to be provided or which, in the opinion of the housing authority will in the future require to be provided, a housing authority may provide and, if it considers appropriate, maintain in good order and repair, the ancillary services.
(3) For the purposes of subsection (2)—
(a) reference to the provision of dwellings includes dwellings provided, or maintained, on behalf of a housing authority pursuant to arrangements with an approved body, or public private partnership arrangements, and
(b) reference to the provision and maintenance of ancillary services includes ancillary services provided pursuant to arrangements with an approved body, or public private partnership arrangements.
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paragraphs: — (1) The Minister may, for the purposes of the provision of housing services, with the consent of the Minister for Finance, pay to a housing authority, out of moneys provided by the Oireachtas, a grant or subsidy in respect of all or any one or more of the following:
(a) the provision of dwellings or sites by the authority;
(b) the refurbishment of dwellings provided by the authority;
(c) the provision of caravans, or the provision, improvement or management by the authority of sites for caravans referred to in section 13 of the Act of 1988 for persons to whom that section applies;
(d) the acquisition of land for the provision of dwellings or sites;
(e) the provision of ancillary services in connection with the provision or improvement of dwellings or sites;
(f) subject to such regulations as may be made under this section, the provision of assistance to an approved body under section 6 of the Act of 1992;
(g) such measures as may be taken by the housing authority pursuant to its housing services plan for the purposes of improving its housing services;
(h) such measures as may be taken by the housing authority pursuant to its homelessness action plan relating to the provision of assistance under section 10 (b) (i).
(2) A grant or subsidy shall not be paid under this section in respect of a dwelling, site or works unless the relevant dwelling, site or works comply on completion with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction and works and the provision of water, sewerage and other services in dwellings or to sites.
(3) A subsidy under subsection (1) in respect of loan charges incurred in the provision of any of the housing services referred to in that subsection may be made either to the housing authority concerned or, on its behalf, to the person who made the relevant loan in respect of which the loan charges were incurred.
(4) The Minister may make regulations in relation to the payment of a grant or subsidy under subsection (1) (f) providing for all or any one or more of the following:
(a) the class or classes of accommodation in respect of which the grant or subsidy may be paid and the class or classes of households for whom such accommodation is provided;
(b) the amount of the grant or subsidy;
(c) requirements in relation to—
(i) the assistance in respect of which the grant or subsidy may be paid,
(ii) the payment of the grant or subsidy,
(iii) the financial and other circumstances of households occupying accommodation in respect of which the grant or subsidy may be paid,
(iv) the occupation and maintenance of accommodation in respect of which the grant or subsidy may be paid,
(v) the floor area of accommodation in respect of which the grant or subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister,
(vi) standards of construction, works and repair and the availability in accommodation, in respect of which the grant or subsidy may be paid, of water, sewerage and other services, and
(vii) the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation concerned.
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paragraphs: — Any moneys accruing to a housing authority from—
(a) the sale of a dwelling owned by the authority, including a sale under section 90 of the Principal Act or Part 3 or 4,
(b) the resale of a dwelling under section 48 or 76 ,
(c) an approved body in respect of the resale of a dwelling referred to in paragraph (b),
(d) payments in respect of any amounts outstanding under section 47 or 75 , as the case may be,
(e) the resale of a dwelling under section 9 of the Act of 2002,
(f) the purchase of the interest of the housing authority or the sale of a dwelling, as the case may be, under section 10 of the Act of 2002,
(g) the resale of certain sites, or dwellings on such sites, under section 98 , or
(h) the repayment of a grant to which section 99 applies,
shall be accounted for by the housing authority in a separate account and, subject to the prior approval of the Minister, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes.
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paragraphs: — (1) Each housing authority shall make a plan (in this Act referred to as a “housing services plan”) setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.
(2) A housing services plan shall be in writing and shall specify how the housing authority proposes to provide housing services.
(3) Subject to subsection (5), a housing authority shall adopt a housing services plan not later than 6 months after the date on which the current development plan is made.
(4) A housing services plan shall relate to the remaining period of the housing authority’s current development plan.
(5) (a) The Minister may direct a housing authority or housing authorities to make a housing services plan relating to the remaining period of the development plan in operation, on the coming into operation of this section, in respect of the administrative area concerned and this Chapter shall apply to the preparation and making of such a plan.
(b) A housing authority shall comply with any direction given to it under paragraph (a).
(6) The preparation, making, adoption or variation of a housing services plan, or draft plan, as the case may be, is a reserved function.
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paragraphs: — (1) In making a housing services plan, a housing authority shall, in particular, have regard to the following:
(a) the development plan or plans for its administrative area;
(b) any summary or summaries of social housing assessments prepared under section 21 ;
(c) the demand for affordable housing in its administrative area;
(d) the accommodation programme or programmes adopted for its administrative area in accordance with section 7 of the Housing (Traveller Accommodation) Act 1998 ;
(e) the homelessness action plan adopted in accordance with Chapter 6 in respect of its administrative area;
(f) the need to ensure that housing services are delivered in a manner which promotes sustainable communities, including but not necessarily limited to the need to—
(i) counteract undue segregation in housing between persons of different social backgrounds, and
(ii) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the different types of housing support required in its administrative area;
(g) its anti-social behaviour strategy (if any) under section 35 ;
(h) any directions given by the Minister under subsection (2);
(i) the matters specified in section 69 of the Local Government Act 2001 to which local authorities are required to have regard in performing their functions.
(2) (a) The Minister may direct a housing authority to include in its housing services plan such information as he or she considers necessary, including, but not necessarily limited to, information on, and priorities relating to, each of the following:
(i) the provision of appropriate housing supports;
(ii) proposed measures to ensure that housing supports are delivered in a manner which promotes sustainable communities;
(iii) the quality, standards and condition of housing owned by the housing authority, and priorities for refurbishment;
(iv) plans for the regeneration of the administrative area concerned or any part of it;
(v) the policies of the housing authority relating to the management and maintenance of dwellings or sites owned or controlled by it.
(b) A housing authority shall comply with any direction given to it under paragraph (a).
(3) A housing services plan shall include the summary or summaries, prepared under section 21 , of the social housing assessments carried out in respect of the administrative area concerned.
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paragraphs: — (1) A housing authority shall prepare a draft of the housing services plan and shall send a copy of the draft housing services plan to—
(a) the Minister,
(b) every local authority whose administrative area adjoins, or is contained in, the administrative area of the authority preparing the draft plan,
(c) the Health Service Executive,
(d) approved bodies engaged in the provision of accommodation or shelter in the administrative area concerned,
(e) the homelessness consultative forum in its administrative area, or joint homelessness consultative forum, as the case may be,
(f) any local traveller accommodation consultative committee in the administrative area concerned appointed under section 21 of the Housing (Traveller Accommodation) Act 1998 , and
(g) such local community bodies in the administrative area concerned and any other person, as the housing authority considers appropriate.
(2) Written submissions or observations with respect to the draft housing services plan may be made by the persons specified in subsection (1) to the housing authority within 8 weeks from the date on which the draft plan is sent under subsection (1).
(3) Where the Minister considers that any draft housing services plan fails to adequately take account of any of the matters specified in section 15 (1), the Minister may, within the period specified in subsection (2), for stated reasons, direct the housing authority concerned to take specified measures to ensure that the housing services plan, when made, takes adequate account of those matters and the housing authority shall comply with any such direction.
(4) Not later than 4 weeks after the end of the period specified in subsection (2), the manager shall prepare and submit to the housing authority a report on—
(a) any submissions or observations made under subsection (2),
(b) the directions (if any) of the Minister under subsection (3) and the stated reasons for those directions, and
(c) any aspect of the draft housing services plan (other than aspects of the draft plan the subject of any ministerial direction under subsection (3)) that, in his or her opinion, fails to adequately take account of any of the matters specified in section 15 (1).
(5) The housing authority shall, having taken account of the directions of the Minister (if any) under subsection (3) and the manager’s report under subsection (4), adopt the housing services plan, with or without modification, within 6 weeks after the submission of the manager’s report.
(6) The housing authority shall—
(a) give a copy of the housing services plan to the Minister as soon as practicable after it is adopted,
(b) make the housing services plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours,
(c) on request by any person, provide a copy of the housing services plan at a price not exceeding the reasonable cost of reproduction, and
(d) publish and maintain a copy of the housing services plan on the Internet for the period of the plan.
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paragraphs: — (1) Where the manager considers that there has been a change in any of the matters specified in section 15 (1) that significantly affects the housing services plan, including any adjustment of a housing strategy pursuant to section 95 (3) of the Planning and Development Act 2000 , the manager shall submit a report on the matter to the members of the housing authority and, where the manager considers it necessary and appropriate, he or she may recommend that the housing services plan be varied accordingly and the housing authority may, having taken account of any such recommendations, as it considers appropriate, decide to vary the plan or part or parts thereof accordingly.
(2) Where the Minister considers that there has been a change in circumstances that significantly affects all or any part or parts of one or more than one housing services plan, he or she may give a direction requiring the housing authority or authorities concerned to vary the plan or plans or part or parts thereof accordingly and the housing authority or authorities, as the case may be, shall comply with any such direction.
(3) Section 16 applies to the variation of a plan as it applies to the preparation and adoption of a plan, with any necessary modifications.
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paragraphs: — (1) The manager shall, from time to time, in such form and for such period as the Minister may direct, prepare a programme (in this Act referred to as a “housing action programme”) for implementation of the housing services plan.
(2) A housing action programme shall—
(a) take account of the financial resources available for the period to which the programme relates, and
(b) include such matters as the Minister may specify in a direction given under subsection (1), including (except in the case of the first housing action programme) a review of progress made in the implementation of the housing services plan during the period of the previous housing action programme.
(3) The manager shall provide a copy of the housing action programme to the Minister, the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority.
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paragraphs: — (1) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, provide, facilitate or manage the provision of social housing support.
(2) Without prejudice to the generality of subsection (1), social housing support may include all or any of the following:
(a) dwellings provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , other than affordable housing;
(b) dwellings provided by an approved body;
(c) the sale of a dwelling under Part 3;
(d) entering into and maintaining rental accommodation availability agreements;
(e) the provision of sites for caravans referred to in section 13 of the Act of 1988 and any accommodation provided to travellers under the Housing (Traveller Accommodation) Act 1998 ;
(f) the provision of sites for building purposes under section 57 of the Principal Act.
(3) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, for the purposes of providing social housing support to households, whether provided on a permanent or temporary basis—
(a) purchase, build, lease or otherwise acquire dwellings or sites,
(b) convert buildings, and
(c) refurbish dwellings.
(4) In performing its functions under subsections (2) and (3) a housing authority shall have regard to its housing services plan and the need to—
(a) counteract undue segregation in housing between persons of different social backgrounds, and
(b) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the requirements of households.
(5) A housing authority may, with the approval of the Minister, enter into a public private partnership arrangement for the performance of its functions under subsection (1).
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paragraphs: — (1) A reference in this section to a household shall be read as including a reference to 2 or more persons who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.
(2) Where a household applies for social housing support, the housing authority concerned shall, subject to and in accordance with regulations made for the purposes of this section, carry out an assessment (in this Act referred to as a “ social housing assessment ”) of the household’s eligibility, and need for, social housing support for the purposes of determining—
(a) whether the household is qualified for such support, and
(b) the most appropriate form of any such support.
(3) A housing authority may carry out a social housing assessment where a household has been in receipt of a supplement under section 198 (3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by the household in respect of the household’s residence for such period as may be prescribed.
(4) The Minister may make regulations providing for the means by which the eligibility of households for social housing support shall be determined including, but not necessarily limited to, the following:
(a) the maximum income threshold based on a household comprising one person;
(b) the methodology according to which the threshold referred to in paragraph (a) shall be adjusted for households comprising more than one person;
(c) the manner in which a housing authority shall set the income threshold, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, which in any case shall not be more than the maximum income threshold referred to in paragraph (a);
(d) the procedures to be applied by a housing authority for the purposes of determining a household’s eligibility by reference to income;
(e) the availability to the household of alternative accommodation that would meet its housing need;
(f) social housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making a determination as to the most appropriate form of social housing support for that household;
(g) the period for which a household is required to be in receipt of the supplement referred to in subsection (3).
(5) A household shall not be eligible for social housing support where—
(a) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of the household was in arrears of rent for an accumulated period of 12 weeks or more in respect of any dwelling or site let to them by any housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , and
(b) the housing authority has not entered into an arrangement under section 34 with the household or the member concerned for the payment of the moneys due and owing to the housing authority in respect of those arrears.
(6) The Minister may make regulations providing for the matters by reference to which a household’s need for social housing support and the form of such support shall be determined including, but not necessarily limited to, the following:
(a) the description and classification of household need;
(b) the description of specific accommodation requirements according to different categories of household need;
(c) the description of accommodation need based on the composition of the household.
(7) The Minister may make regulations in relation to the carrying out of social housing assessments, including, but not necessarily limited to, the following:
(a) the form and manner in which a social housing assessment shall be carried out;
(b) the period within which an application for social housing support shall be dealt with by a housing authority;
(c) notification by the housing authority of the making of a decision in respect of an application for social housing support;
(d) the frequency of reviewing and updating assessments.
(8) In carrying out a social housing assessment under this section, a housing authority may disregard the accommodation the household is occupying where the authority has reason to believe that the household, or any member of it, has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation the household is so occupying is less suitable for its adequate housing than other accommodation which it would have been, or would be, reasonable for the household to occupy.
(9) A household in receipt of social housing support referred to in section 19 (2) (b), before the coming into operation of this section, is deemed to have been assessed and qualified for such social housing support under this section.
(10) A housing authority shall not be required to carry out a social housing assessment for the purposes of the sale of a dwelling under an incremental purchase arrangement (within the meaning of section 43 ) to an eligible household (within the meaning of paragraph (b) of the definition of “eligible household” in section 43 ).
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paragraphs: — A housing authority shall—
(a) for the purposes of preparing an estimate under section 94 (4)(a)(i) of the Planning and Development Act 2000 of the amount of housing required for households assessed under section 20 as being qualified for social housing support,
(b) when preparing a draft housing services plan under section 16 ,
(c) when preparing an accommodation programme under section 7 of the Housing (Traveller Accommodation) Act 1998 , or
(d) as the Minister may from time to time direct,
prepare a summary, in the prescribed form, of the social housing assessments carried out in its administrative area.
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paragraphs: — (1) This section applies to—
(a) dwellings provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 —
(i) of which a housing authority is the owner, or
(ii) of which the housing authority is not the owner and which are provided under a contract or lease between the housing authority and the owner concerned, including rental accommodation availability agreements,
and
(b) dwellings owned and provided by approved bodies to whom assistance is given under section 6 of the Act of 1992 for the purposes of such provision.
(2) A housing authority may allocate a dwelling under this section to a household in accordance with a scheme made under subsection (3).
(3) A housing authority shall, not later than one year after the coming into operation of this section, in accordance with this section and any regulations made thereunder, make a scheme (in this Act referred to as an “ allocation scheme ”) determining the order of priority to be accorded in the allocation of dwellings to—
(a) households assessed under section 20 as being qualified for social housing support, and
(b) households, in receipt of social housing support, that have applied to the housing authority to transfer to another dwelling or to purchase a dwelling under Part 3 and the housing authority consents to the transfer, or purchase, as the case may be.
(4) The Minister may make regulations providing for the matters to be included in an allocation scheme, including the following:
(a) the manner in which dwellings, or different categories of dwellings, are allocated to households;
(b) the order or priority in accordance with which dwellings are allocated under the allocation scheme;
(c) the conditions relating to refusals by a household of reasonable offers of social housing support offered in accordance with an allocation scheme by reference to the availability of social housing support in the administrative area concerned, the number of offers made to, and refusals made by, a household and the period during which those offers and refusals are made.
(5) Having regard to section 19 (4), a housing authority shall make provision in its allocation scheme for the proportion of dwellings in any part or parts of its administrative area which may be reserved for all or any of the following purposes:
(a) allocation to particular classes of household;
(b) particular forms of tenure;
(c) allocation to households transferring from other forms of social housing support.
(6) An allocation scheme may include conditions subject to which the preference of a household to reside in a particular area or areas may be taken into account in allocating a dwelling to such a household, including, but not necessarily limited to, conditions relating to—
(a) whether the household or any member of it currently resides, or at any time has resided, and for what period, in the area or areas concerned,
(b) the distance of the area or areas from the place of employment of any member of the household,
(c) whether any members of the household are attending any university, college, school or other educational establishment in the area or areas concerned, and
(d) whether any relatives of any member of the household reside in the area or areas concerned.
(7) Notwithstanding the generality of subsection (2), a housing authority may disregard the order of priority given to a household under an allocation scheme where the household is being provided with social housing support—
(a) in a dwelling let to the household under a Chapter 4 tenancy agreement having been assessed under section 20 (3), or
(b) arising from specified exceptional circumstances, including displacement by fire, flood or any other emergency, development, redevelopment or regeneration of an area by the housing authority, or exceptional medical or compassionate grounds.
(8) An allocation scheme may provide that the housing authority shall obtain and have regard to a report from a medical practitioner employed by the Health Service Executive in the allocation of dwellings where priority is claimed on grounds consisting of, or including, exceptional medical grounds.
(9) A housing authority may from time to time review its allocation scheme and, as it considers necessary and appropriate, amend the scheme or make a new scheme.
(10) The making of an allocation scheme, or the amendment to such a scheme, are reserved functions.
(11) The allocation of a dwelling to a household is an executive function.
(12) The manager shall—
(a) prepare and submit to the members of the housing authority not later than 30 April in each year a written report on allocations made under its allocation scheme by specifying the different categories of dwellings and households and the proportions of each such category, by reference to the total number of such allocations in the preceding year, and
(b) provide a copy of the report prepared under paragraph (a) to the Minister, if the Minister requests such a copy.
(13) Notwithstanding the repeal by this Act of section 11 of the Act of 1988, a scheme of priorities made by a housing authority under that section and in force immediately before the coming into operation of this section continues to have effect after such coming into operation and is deemed to have been made under this section until an allocation scheme under this section comes into force.
(14) A housing authority shall make a copy of its allocation scheme available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours.
(15) Before making or amending an allocation scheme, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.
(16) The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend an allocation scheme, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.
(17) (a) The Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority shall comply with any such direction in operating the scheme.
(b) Nothing in paragraph (a) shall be construed or operate to enable the Minister to direct the allocation of a dwelling to a specific household.
num: 23
paragraphs: — In this Chapter—
“ Act of 2004 ” means the Residential Tenancies Act 2004 ;
“ authorised agent ” has the same meaning as in the Act of 2004;
“ dwelling to which this Chapter applies ” means a dwelling which is the subject of a rental accommodation availability agreement;
“ qualified tenant ” means a household assessed under section 20 as being qualified for social housing support;
“ rental accommodation availability agreement ” has the meaning given to it by section 24 and references to “availability agreement” shall be construed accordingly;
“ rental accommodation provider ” means a person who makes a dwelling, of which he or she is the owner, available under a rental accommodation availability agreement for the purposes of letting to a qualified tenant in accordance with this Chapter, and references to “provider” shall be construed accordingly;
“ rent contribution ” has the meaning given to it by section 25 .
num: 24
paragraphs: — (1) Subject to such regulations as may be made for the purposes of this section and such terms and conditions as may be prescribed, a housing authority may, by order of the manager, enter into an agreement (in this Act referred to as a “rental accommodation availability agreement” ) with a rental accommodation provider pursuant to the terms and conditions of which availability agreement the provider agrees to—
(a) make the dwelling available for a specified period for the purposes of this Chapter, and
(b) let the dwelling pursuant to a tenancy agreement—
(i) to such qualified tenant as the housing authority may from time to time allocate to the tenancy in accordance with section 22 , or to the housing authority, or
(ii) to the qualified tenant specified in the availability agreement,
in consideration of which availability agreement and subject to the terms and conditions thereof and the tenancy agreement, the housing authority guarantees the payment of the rent specified in the tenancy agreement and agrees to pay any other moneys, payable by the housing authority, specified in the availability agreement or the tenancy agreement, as the case may be.
(2) A housing authority shall not enter into a rental accommodation availability agreement unless the provider—
(a) satisfies the housing authority, in accordance with regulations made for the purposes of this section, that the dwelling complies with any standards for dwellings for the time being prescribed under section 18 of the Act of 1992, and
(b) gives to the housing authority—
(i) his or her tax reference number within the meaning of section 888 of the Taxes Consolidation Act 1997 , and
(ii) a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 .
(3) A rental accommodation availability agreement shall be in writing and shall include the following information—
(a) the address of the dwelling,
(b) the name and address for correspondence of the provider and of the housing authority,
(c) the name and address for correspondence of the provider’s authorised agent (if any),
(d) if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company,
(e) a description of the dwelling, indicating—
(i) the estimated floor area,
(ii) the number of bed spaces,
(iii) a statement as to which of the following categories it belongs, namely, a whole or part of a house, a maisonette, an apartment or a flat and, where it is within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or terraced, and
(iv) the number of bedrooms,
and
(f) the term of the availability agreement.
(4) An availability agreement shall include terms and conditions relating to—
(a) the payment of the rent and any other moneys, payable by the housing authority, specified in the tenancy agreement,
(b) the responsibility of the provider in relation to any works to be carried out, as are necessary to ensure that the dwelling complies with the standards for dwellings for the time being prescribed under section 18 of the Act of 1992, before the commencement of the tenancy or where there is more than one tenancy during the term of the availability agreement, before each such tenancy,
(c) the registration by the provider under Part 7 of the Act of 2004 of the tenancy or each tenancy entered into during the term of the availability agreement,
(d) such access as may reasonably be required by officers or agents authorised by the housing authority for the purposes of inspection of the dwelling during the term of the availability agreement,
(e) termination of the availability agreement by the housing authority or the provider, as the case may be, and
(f) such other matters as the housing authority considers necessary and appropriate relating to the standard of the accommodation concerned.
(5) The Minister may make regulations for the purposes of this section providing for, but not necessarily limited to, the following:
(a) the manner in which a provider shall satisfy the housing authority for the purposes of subsection (2) (a), including by the provision of a certificate of compliance;
(b) the class or classes of persons who may provide a certificate of compliance referred to in paragraph (a);
(c) the information to be provided by a provider to the housing authority before entering into an availability agreement including information relating to the provider, his or her authorised agent (if any) and the dwelling concerned;
(d) in relation to the termination of an availability agreement by the housing authority or the provider—
(i) the terms and conditions relating to, and procedures for, termination,
(ii) the grounds on which an availability agreement may be terminated,
(iii) the giving of notice and notice periods, and
(iv) the procedure for resolution of any dispute arising from the proposed termination of the availability agreement including appeal procedures,
and
(e) the period within which a provider shall serve a notice of termination on a qualified tenant pursuant to section 25 (6).
num: 25
paragraphs: — (1) A housing authority may allocate a dwelling to which this Chapter applies to a qualified tenant in accordance with section 22 .
(2) The provider shall, subject to the terms and conditions of the rental accommodation availability agreement enter into a tenancy agreement (in this Act referred to as a “Chapter 4 tenancy agreement”) with the qualified tenant to whom the dwelling concerned is allocated.
(3) A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Act of 2004.
(4) A Chapter 4 tenancy agreement shall be in writing, for such period as may be specified therein, and shall include the following particulars relating to the parties to the tenancy, the tenancy and the dwelling concerned:
(a) the address of the dwelling;
(b) the name of the tenant;
(c) the name and address for correspondence of the provider and of the housing authority;
(d) the name and address for correspondence of the provider’s authorised agent (if any);
(e) if the provider or his or her authorised agent, as the case may be, is a company, the registered number and registered office of the company;
(f) a description of the dwelling;
(g) the date of commencement of the tenancy;
(h) where the tenancy is for a fixed term, the period of that term.
(5) A Chapter 4 tenancy agreement shall, in addition to the obligations imposed under Part 2 of the Act of 2004, include terms and conditions relating to—
(a) occupation of the dwelling,
(b) the payment by the qualified tenant to the housing authority of an amount specified in the tenancy agreement (in this Act referred to as the “rent contribution”) at such times as may be specified therein, and
(c) termination of the tenancy for—
(i) failure to pay the rent contribution in accordance with the terms and conditions of the tenancy agreement,
(ii) breach of the terms and conditions relating to occupation of the dwelling under paragraph (a), or
(iii) knowingly permitting a person, against whom an excluding order under section 3 of the Act of 1997 or an interim excluding order under section 4 of that Act is in force in respect of the dwelling concerned, to enter the dwelling in breach of the excluding order or interim excluding order, as the case may be.
(6) (a) Where a qualified tenant does any of the things specified in subsection (5) (c), he or she shall have failed to comply with the obligations of the tenancy for the purposes of section 67 of the Act of 2004.
(b) Where it comes to the notice of the housing authority that a tenant is doing or has done any of the things specified in subsection (5) (c) or is or was behaving in a way that is anti-social in breach of the obligation specified in section 16(h) of the Act of 2004, the housing authority may notify the provider in writing regarding the failure to comply with the said obligations.
(c) A provider, having received notification from the housing authority under paragraph (b), shall, within such period as may be prescribed under section 24 (5) (e), if the provider has not already done so under section 67 of the Act of 2004, serve a notice of termination on the qualified tenant in accordance with subsection (2) of the said section 67.
(7) Where a provider serves a notice of termination on a qualified tenant pursuant to a notice from a housing authority under subsection (6) (b), the provider shall give a copy of the notice to the housing authority as soon as practicable thereafter.
(8) Where the provider intends to serve notice of termination on a qualified tenant in accordance with the terms and conditions of the tenancy agreement, other than pursuant to a notice from the housing authority under subsection (6) (b), the provider shall give notice in writing to the housing authority not less than 14 days before serving the notice of termination on the qualified tenant.
(9) Where the housing authority intends to apply to the District Court for an excluding order against a person under section 3(2) of the Act of 1997, in respect of a dwelling the subject of a Chapter 4 tenancy agreement, the housing authority shall give notice in writing to the provider of its intention to apply not less than 14 days before making the application.
(10) The rent contribution shall be determined by a housing authority in accordance with a rent scheme under section 31 .
(11) A housing authority may reduce the rent contribution payable under a Chapter 4 tenancy agreement, for a specified period of the tenancy, where the costs of the accommodation to the tenant before the tenancy agreement was entered into were substantially lower than the costs under the tenancy agreement, resulting in hardship to the household.
num: 26
paragraphs: — The Minister may, subject to the prior consent of the Minister for Finance, make payments, out of moneys provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administrative expenses, incurred by the authority by virtue of this Chapter.
num: 27
paragraphs: — Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority.
num: 28
paragraphs: — (1) Subject to this section, the management and control of any—
(a) dwelling, building, site or other land of which a housing authority is the owner, or
(b) works or services provided by the authority under the Housing Acts 1966 to 2009,
shall be vested in and exercised by the housing authority.
(2) Where a dwelling is provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , the management and control of the common areas appurtenant to and enjoyed with the dwelling are not required to be vested in the housing authority under subsection (1).
(3) Subject to this section, a housing authority may perform management and control functions in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement.
(4) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may in respect of a dwelling or site to which subsection (1) (a) applies:
(a) allocate the dwelling to a household in accordance with section 22 ;
(b) specify the terms and conditions of the tenancy agreement between the housing authority and the tenant governing the letting of the dwelling in accordance with section 29 ;
(c) specify such rent and make any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ;
(d) in relation to any other building or land or works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 , make such charges, whether by way of rent or otherwise, as it considers appropriate;
(e) sell the dwelling under section 90 of the Principal Act or Part 3 or 4;
(f) carry out such works of maintenance, repair or refurbishment, or other activities, as the housing authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan.
(5) Subject to the Housing Acts 1966 to 2009 and regulations made thereunder, a housing authority may, in respect of a dwelling to which subsection (3) applies, subject to the provisions of any contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement:
(a) allocate the dwelling to a household in accordance with section 22 ;
(b) specify the terms and conditions of a tenancy agreement governing the letting of the dwelling in accordance with section 29 , as appropriate;
(c) specify such rent and any other charges for the tenancy, occupation or use of the dwelling as the housing authority may determine from time to time in accordance with section 31 ;
(d) carry out such works of maintenance, repair or refurbishment or other activities, as the authority may consider necessary and appropriate, for the purposes of securing the proper maintenance of the dwelling or the estate in which the dwelling is situated and the good management of that estate, having regard to the objectives set out in its housing services plan.
(6) The Land Law (Ireland) Act 1881 shall not apply as respects the letting by a housing authority of an allotment provided under section 11 and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month.
num: 29
paragraphs: — (1) This section applies to—
(a) a dwelling referred to in section 28 (1), and
(b) a dwelling referred to in section 28 (3), other than a dwelling which is the subject of a rental accommodation availability agreement.
(2) The letting of a dwelling to which this section applies shall be subject to a tenancy agreement which shall be in writing, in the prescribed form and, subject to subsection (3)—
num: 30
paragraphs: — (1) Subject to such regulations as may be made for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of its functions (including maintenance) in respect of the management and control of a dwelling of which it is the owner.
(2) A delegation by a housing authority under subsection (1) shall specify—
(a) the designated body for the purposes of the delegation,
(b) the functions being delegated to the designated body, and
(c) the dwellings to which the delegation applies.
(3) Without prejudice to the generality of subsection (2), the Minister may make regulations providing for, but not necessarily limited to, all or any one or more of the following:
(a) the constitution and composition of a designated body;
(b) the procedures of a designated body;
(c) the terms and conditions of a delegation;
(d) the form of an agreement between a housing authority and a designated body in relation to a delegation;
(e) the class or classes of dwellings in respect of which a delegation may be made;
(f) the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings;
(g) the provision by a designated body of periodic reports and accounts on its activities to a housing authority;
(h) the auditing of the annual accounts of a designated body.
(4) A housing authority may, at its discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation.
(5) The delegation of a function to a designated body or the revocation of any such delegation under this section shall be reserved functions.
(6) A delegation under subsection (1) may provide for all or any of the following:
(a) arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement or ancillary works;
(b) the collection of rent or any other charges due to the housing authority from a tenant, in accordance with a rent scheme under section 31 ;
(c) the assignment of all or any part of the proceeds of such rent or other charges to the designated body to defray in whole or in part the costs of management and maintenance of a dwelling and common areas appurtenant to such dwelling;
(d) the right of the housing authority to inspect any book, document or other record (including records stored in a non-legible form) of the designated body in relation to the management and control of a dwelling;
(e) assistance by the housing authority to the designated body whether financial or otherwise;
(f) any other related or incidental matter which the housing authority considers appropriate, including matters set out in the relevant housing services plan relating to the policy on management and maintenance of dwellings owned by the housing authority.
(7) For the purposes of this section “ designated body ” means an association, council, committee or other body whether corporate or unincorporated which is—
(a) (i) established by and represents residents of an area within which are located dwellings that are to be the subject of a delegation under this section, or
(ii) established jointly by such residents and the housing authority and any other person or body (whether corporate or unincorporated) approved of by the authority,
and
(b) declared by the authority by resolution to be a designated body for the purposes of this section.
num: 31
paragraphs: — (1) This section applies to a dwelling provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 —
(a) of which the housing authority is the owner, or
(b) of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling, including a rental accommodation availability agreement.
(2) In this section references to rent include a rent contribution payable by a tenant under a Chapter 4 tenancy agreement.
(3) A housing authority may, in accordance with this section, in respect of a dwelling to which this section applies—
(a) charge such rent or make such other charge for the tenancy or occupation thereof as it may determine from time to time, and
(b) in respect of works or services provided under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 , make such charge, whether by rent or otherwise, as it considers appropriate.
(4) Without prejudice to the generality of subsection (3), charges made under that subsection may include—
(a) charges relating to the provision of services to, and the insurance of, a dwelling and other charges relating to the management and control of the dwelling, and
(b) charges relating to—
(i) the management and control of common areas appurtenant to a dwelling where such common areas are also used by the occupants of other dwellings, and
(ii) the provision of services where those services are also provided to the occupants of other dwellings.
(5) (a) A housing authority shall, in accordance with this section and regulations made for the purposes of this section, within one year of its coming into operation, make a scheme (in this Act referred to as a “ rent scheme ”) providing for the manner in which rents and other charges referred to in subsection (3) shall be determined.
(b) A housing authority may, from time to time, as it considers appropriate, or as the Minister directs, revoke the rent scheme and make a new rent scheme.
(6) The Minister may, for the purposes of this section, by regulations provide for the matters to be included in a rent scheme including:
(a) the manner in which the financial circumstances of households and their ability to pay rent shall be taken into account in determining rent, including the level, type and sources of household income that may be assessed for the purpose of determining rents;
(b) the manner in which the size, standard, location and amenity of any class or classes of dwellings shall be taken into account in determining rent, having regard to the market rent in respect of dwellings of a similar size, standard, location and amenity situated in the administrative area concerned;
(c) the manner in which adjustments may be made to the rent in respect of any obligations imposed on the tenant under the tenancy agreement relating to the maintenance of the dwelling;
(d) the amount, or method of calculation, of any allowances in respect of rent which may be made for dependents;
(e) the procedure for rent review including rent increases during the period of the tenancy having regard to the cost of providing social housing support and any changes in household circumstances or income levels;
(f) the manner in which the charges referred to in subsection (4) shall be determined;
(g) the waiving of rent and other charges, in whole or in part, on a temporary basis, in case of financial hardship.
(7) The making and revocation of a rent scheme are reserved functions.
(8) The charging of rents or other charges referred to in subsection (3) in respect of a dwelling to which this section applies and the review of such rents or other charges in accordance with a rent scheme are executive functions.
(9) A housing authority shall make a copy of its rent scheme available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours.
num: 32
paragraphs: — (1) This section applies to—
(a) a household which has applied for housing support and in respect of whom a decision has not been made to provide a dwelling or site, including a household which applied for housing support before the coming into operation of this section,
(b) a household in respect of whom—
(i) a social housing assessment is being carried out under section 20 (3), and
(ii) a decision has not yet been made to allocate a dwelling,
and
(c) a household in receipt of housing support, whether before or after the coming into operation of this section.
(2) In the performance of its functions under the Housing Acts 1966 to 2009, a housing authority may request—
(a) a household to which this section applies, to give to the housing authority all or any of the following information:
(i) the number of household members, together with the age, sex, occupation and condition of health of each member;
(ii) the weekly income of each household member, including any assistance, benefit or allowance received by or on behalf of any household member under the Social Welfare Acts, the Health Acts 1947 to 2008 or the legislation of any other state or from any other source;
(iii) the means of transport available to the household and the cost of such transport,
and
(b) in the case of a household referred to in subsection (1) (a) or (b), to give to it all or any of the following information:
(i) the terms upon which premises are currently occupied by the household, the amount of rent payable in respect of such premises and the name and address of the person to whom rent is payable;
(ii) any dwelling or site provided by a housing authority, or an approved body, previously let or sold to the household or any household member at any time before the application is made;
(iii) any dwelling previously let to the household or any household member under a Chapter 4 tenancy agreement at any time before the application is made.
(3) A request for information shall be in writing and shall specify a period of not less than 14 days from the date of the request within which the information shall be given to the housing authority.
(4) Information shall be given in writing unless the housing authority agrees to the information being given in another form and subject to any conditions it may specify.
(5) Without prejudice to subsection (2), for the purposes of carrying out social housing assessments under section 20 , the Minister may make regulations providing for—
(a) the form in which an application for social housing support shall be made, including by electronic means,
(b) the information and particulars to be provided by a household applying for social housing support and verification of such information and particulars,
(c) the furnishing of such additional information as a housing authority considers appropriate for the purposes of carrying out an assessment,
(d) the period within which the information and particulars, including any additional information, shall be provided by the household concerned, and
(e) such other matters as the Minister considers necessary and appropriate.
(6) (a) Without prejudice to subsection (2), the Minister may make regulations for the purposes of—
(i) the purchase of a dwelling under an incremental purchase arrangement under Part 3 ,
(ii) the purchase of an apartment under Part 4 , or
(iii) the purchase of a dwelling under an affordable dwelling purchase arrangement under Part 5 .
(b) Regulations made under this subsection may provide for the following:
(i) the form and manner in which an application to purchase may be made, including by electronic means;
(ii) the information and particulars to be provided by a household applying to purchase and verification of such information and particulars;
(iii) the furnishing of such additional information as the housing authority considers appropriate for the purposes of considering the application;
(iv) the period within which the information and particulars, including any additional information, shall be provided by the household making the application, and
(v) such other matters as the Minister considers necessary and appropriate.
(7) (a) A person is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000 where he or she is a member of a household requested to give information to a housing authority under this section or any regulations made under subsection (5) or (6), as the case may be, and he or she—
(i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular.
(b) An offence under paragraph (a) may be prosecuted by the housing authority who requested the information referred to in that paragraph.
(8) Where a person is convicted of an offence under subsection (7) (a) and by reason of that offence the housing authority incurred a higher level of expenditure in providing housing support for a household than it would have incurred otherwise, any such expenditure shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the expenditure so repayable and that expenditure, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.
(9) Where a person is convicted of an offence under subsection (7) (a) and by reason of that offence the housing authority charged a lower rent in respect of the provision of housing support than it would otherwise have charged, the amount by which the rent was undercharged shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the amount so repayable and that amount, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.
num: 33
paragraphs: — (1) This section applies to the following provisions:
(a) sections 28 , 31 , 32 (8) and (9), 47 (4), 48 (5) and (6), 75 (4), 76 (5), 98 and 99 ;
(b) section 13 of the Act of 1988;
(c) sections 3 and 11 of the Act of 1992;
(d) section 25 of the Housing (Traveller Accommodation) Act 1998 ; and
(e) sections 9 and 10 of the Act of 2002.
(2) Interest is payable in accordance with this section on so much of any rent, charges, fees or loan repayments or any other moneys due and owing to a housing authority under any of the provisions to which this section applies which remain unpaid in respect of the period between the date on which the moneys become payable and the date on which payment is made.
(3) The rate of interest payable under subsection (2) shall be that for the time being prescribed for the purposes of this section but in any case shall not be more than the rate for the time being applicable to a High Court civil judgement debt.
(4) Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and, at the same time, another sum is due by the local authority concerned to that household, the former sum may be set off against the latter, in whole or in part, as appropriate.
num: 34
paragraphs: — (1) This section applies to the following provisions:
(a) sections 28 , 31 and 32 (8) and (9);
(b) section 13 of the Act of 1988;
(c) sections 3 and 11 of the Act of 1992, and
(d) section 25 of the Housing (Traveller Accommodation) Act 1998 .
(2) Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and the housing authority is satisfied that the household would otherwise suffer undue hardship, the housing authority may enter into arrangements with the household for the payment of those moneys (together with any interest that may have accrued under section 33 (2)) by such instalments and at such times as the housing authority considers reasonable in all the circumstances in addition to any rent, charges, fees or loan repayments that the household is paying to the authority.
num: 35
paragraphs: — (1) A housing authority shall, within one year of the coming into operation of this section, draw up and adopt a strategy (in this section referred to as an “ anti-social behaviour strategy ”) in respect of that part or those parts of its administrative area in which are situated—
(a) dwellings let by the housing authority to tenants under the Housing Acts 1966 to 2009,
(b) dwellings which are the subject of Chapter 4 tenancy agreements,
(c) dwellings in which relevant purchasers (within the meaning of section 1 of the Act of 1997) reside, and
(d) sites (within the meaning of section 1 of the Act of 1997).
(2) An anti-social behaviour strategy shall have as its principal objectives—
(a) the prevention and reduction of anti-social behaviour,
(b) the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, anti-social behaviour,
(c) the promotion of co-operation with other persons, including the Garda SÃ­ochÃ¡na, in the performance of their respective functions insofar as they relate to dealing with, or the prevention or reduction of, anti-social behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and
(d) the promotion of good estate management.
(3) An anti-social behaviour strategy shall set out the proposals of the housing authority for achieving the principal objectives referred to in subsection (2), including, but not necessarily limited to, the following:
(a) procedures in relation to the making of complaints to the housing authority in respect of anti-social behaviour;
(b) initiatives for the prevention and reduction of anti-social behaviour;
(c) the provision of education relating to, and the carrying out of research into, anti-social behaviour and its prevention and reduction.
(4) A housing authority—
(a) shall, not less than 6 months before the expiration of its housing services plan, and
(b) may, from time to time as it thinks fit,
review its anti-social behaviour strategy and amend the strategy or draw up and adopt a new strategy, as it considers appropriate.
(5) When drawing up a strategy, or before amending a strategy, a housing authority shall consult with—
(a) any joint policing committee established under section 36 of the Garda SÃ­ochÃ¡na Act 2005 in respect of its administrative area,
(b) the Garda SÃ­ochÃ¡na,
(c) the Health Service Executive, and
(d) any other person as the authority considers appropriate.
(6) The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy shall be a reserved function.
(7) The drawing up and adoption of, and amendment of, an anti-social behaviour strategy is not to be taken to confer on any person a right in law that the person would not otherwise have to require a housing authority in a particular case to exercise any function conferred on it under the Act of 1997 or this Act or to seek damages for a housing authority’s failure to perform any such function.
num: 36
paragraphs: — In this Chapter—
“ management group ” has the meaning given to it by section 39 ;
“ responsible housing authority ” has the meaning given to it by section 38 ;
“ specified body ” means—
(a) an Foras Ã?iseanna Saothair,
(b) the Irish Prison Service, where there is a prison located in—
(i) the administrative area of the housing authority, or
(ii) in the case of a joint homelessness consultative forum, the administrative area of any housing authority concerned,
(c) the Probation Service,
(d) a vocational education committee within the meaning of section 7 of the Vocational Education Act 1930 whose functional area corresponds to—
(i) the administrative area of the housing authority, or
(ii) in the case of a joint homelessness consultative forum, the administrative area of any housing authority concerned,
and
(e) such other body as may be prescribed for the purposes of this Chapter.
num: 37
paragraphs: — (1) A housing authority shall, in respect of its administrative area, not later than 8 months after the coming into operation of this Chapter, adopt a plan (in this Act referred to as a “ homelessness action plan ”) to address homelessness.
(2) A homelessness action plan shall specify the measures proposed to be undertaken to address homelessness in the administrative area or administrative areas concerned by the housing authority or housing authorities, as the case may be, the Health Service Executive, specified bodies, or approved bodies or other bodies providing services to address homelessness or the performance of whose functions may affect or relate to the provision of such services, including but not necessarily limited to measures to achieve the following objectives—
(a) the prevention of homelessness,
(b) the reduction of homelessness in its extent or duration,
(c) the provision of services, including accommodation, to address the needs of homeless households,
(d) the provision of assistance under section 10 (b) (i), as necessary, to persons who were formerly homeless, and
(e) the promotion of effective co-ordination of activities proposed to be undertaken by the bodies referred to in this subsection for the purposes of addressing homelessness in the administrative area or areas concerned.
(3) A homelessness action plan shall be in writing and shall take account of—
(a) any available information regarding the extent of the need for services to address homelessness, including, in the case of housing supports, any summary of social housing assessments prepared under section 21 in respect of homeless households,
(b) the costs of the proposed measures referred to in subsection (2) and the financial resources that are available or are likely to be available for the period of the homelessness action plan to the housing authority or housing authorities concerned, the Health Service Executive or any specified body, as the case may be, for the purposes of undertaking those measures and the need to ensure the most beneficial, effective and efficient use of such resources,
(c) such policies and objectives for the time being of the Government or the Minister in so far as they may affect or relate to the provision of services to homeless persons, and
(d) such other matters as the Minister may specify in a direction given to the housing authority under subsection (4), including (except in the case of the first homelessness action plan) a review of progress made in the implementation of the homelessness action plan during the period of the previous plan.
(4) (a) The Minister may, from time to time, give directions in writing to a housing authority for the purpose of either or both of the following—
(i) providing guidance as to the form and content of a homelessness action plan, and
(ii) specifying the period for which such a plan is to remain in force, which period shall not in any case be less than 3 years.
(b) The housing authority shall comply with any directions given under paragraph (a).
num: 38
paragraphs: — (1) Subject to subsections (3) and (4), as soon as practicable after the coming into operation of this Chapter and having regard to section 37 (1), a housing authority shall establish a body to be known as the homelessness consultative forum and shall appoint its members.
(2) The functions of a homelessness consultative forum are to provide information, views, advice or reports, as appropriate, to the management group in relation to—
(a) homelessness and the operation and implementation of the homelessness action plan in the administrative area concerned,
(b) the provisions of the draft homelessness action plan, and
(c) any proposed modification of the draft homelessness action plan pursuant to section 40 (6).
(3) Where either or both of the conditions specified in subsection (4) (a) are met or where the Minister so directs pursuant to subsection (4) (b), a housing authority shall enter into an arrangement with any other housing authority whose administrative area adjoins the administrative area of the housing authority concerned or with any other housing authority, as appropriate, to establish a joint homelessness consultative forum which shall perform the functions specified in subsection (2) in relation to the administrative areas of the housing authorities which are parties to the arrangement.
(4) (a) The conditions referred to in subsection (3) are that the housing authority considers that—
(i) a joint homelessness consultative forum would further the objectives of a homelessness action plan because of the extent or nature of homelessness in its administrative area, or
(ii) a joint homelessness consultative forum and the sharing of administrative services relating thereto would ensure the most beneficial, effective and efficient use of resources.
(b) The Minister may, where he or she considers it appropriate, direct housing authorities to enter into an arrangement pursuant to subsection (3) and the housing authorities shall comply with any such direction.
(5) In the case of an arrangement pursuant to subsection (3) for the establishment of a joint homelessness consultative forum, the housing authorities concerned shall, by agreement in writing, appoint one housing authority (in this Chapter referred to as the “ responsible housing authority ”) for the purposes of the performance, on behalf of the housing authorities concerned, of their functions under this Chapter.
(6) A housing authority or, in the case of a joint homelessness consultative forum, the responsible housing authority, in accordance with such directions as the Minister may give under section 41 , shall appoint a chairperson of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, from the membership thereof.
(7) The chairperson appointed under subsection (6) shall also be the chairperson of the management group.
(8) The membership of the homelessness consultative forum shall comprise the following persons:
(a) one or more than one employee of the housing authority or, in the case of a joint homelessness consultative forum, one or more than one employee of each of the housing authorities concerned nominated by the housing authority or housing authorities concerned, as the case may be;
(b) one or more than one employee of the Health Service Executive nominated by the Health Service Executive;
(c) subject to such directions as the Minister may give under section 41 (1) (a), persons nominated by specified bodies, and
(d) subject to subsection (9), persons nominated by—
(i) approved bodies, and
(ii) any other bodies,
providing services to homeless persons in the administrative area or, in the case of a joint homelessness consultative forum, administrative areas concerned or the performance of whose functions may affect or relate to the provision of such services, as the housing authority or responsible authority, as the case may be, consider appropriate in accordance with such directions as the Minister may give under section 41 .
(9) The number of persons referred to in subsection (8) (d) shall not exceed one half of the membership of the homelessness consultative forum or joint homelessness consultative forum, as the case may be.
(10) A homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall regulate, by standing orders or otherwise, the meetings and proceedings of the forum.
(11) The housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, may provide such services and support relating to the operation of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as is considered necessary by the housing authority or housing authorities, in accordance with such directions as the Minister may give under section 41 .
(12) The proceedings of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall not be invalidated by any vacancies among the membership.
num: 39
paragraphs: — (1) The housing authority or responsible housing authority, as the case may be, shall appoint a group (in this Chapter referred to as a “ management group ”) consisting of certain members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, being such person or persons referred to in section 38 (8) (a), (b) and (c) as the housing authority or responsible authority, as the case may be, considers appropriate in accordance with such directions as the Minister may give under section 41 .
(2) The management group may regulate, by standing orders or otherwise, its meetings and proceedings.
(3) The housing authority or responsible housing authority, as the case may be, may provide such services and support relating to the operation of the management group, as such housing authority considers appropriate, in accordance with such directions as the Minister may give under section 41 .
(4) The management group—
(a) shall perform the functions conferred on it by this Chapter in relation to the preparation and modification of the draft homelessness action plan and the review of the homelessness action plan, and
(b) may make recommendations to the housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, to the Health Service Executive or to any specified body, in relation to all or any of the following:
(i) services required to address homelessness in the administrative area or administrative areas concerned;
(ii) funding for such services taking into account the financial resources that are available or are likely to be available;
(iii) the operation of the homelessness action plan having regard to any information, views, advice or reports provided by the homelessness consultative forum or joint homelessness consultative forum, as the case may be.
(5) The proceedings of a management group shall not be invalidated by any vacancies among the membership.
num: 40
paragraphs: — (1) The manager of a housing authority or of a responsible housing authority, as the case may be, not later than 6 weeks after the coming into operation of this Chapter, shall send a request, in writing, to the chairperson of the management group to arrange for the preparation of a draft homelessness action plan in respect of the administrative area concerned or, in the case of a joint homelessness consultative forum, the administrative areas concerned.
(2) For the purposes of preparing a draft homelessness action plan under this section and before submission of the draft homelessness action plan pursuant to subsection (3), the management group—
(a) shall consult—
(i) the other members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, and
(ii) any town council whose administrative area is contained in the administrative area of the housing authority, or, in the case of a joint homelessness consultative forum, in the administrative areas of the housing authorities, to which the plan relates,
and
(b) may consult any housing authority whose administrative area adjoins the administrative area of the housing authority concerned or, in the case of a joint homelessness consultative forum, the administrative areas of the housing authorities concerned.
(3) Not later than 10 weeks from the date on which the request referred to in subsection (1) is sent, the management group shall approve and submit the draft homelessness action plan to the housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned for adoption.
(4) Subject to subsections (5) to (8), the housing authority, or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan within 6 weeks of receipt of the draft homelessness action plan, with or without modification.
(5) Where any part of a draft homelessness action plan relates to the functions of the Health Service Executive or of a specified body, the housing authority, or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to seek its approval to any proposed modification pursuant to subsection (4) in respect of such part of the draft plan.
(6) The management group, not later than 3 weeks from the date on which the request referred to in subsection (5) is sent, following consultation with the other members of the homelessness consultative forum, or joint homelessness consultative forum, as the case may be, shall—
(a) accept or reject the proposed modification referred to in subsection (5), and
(b) notify, in writing, the housing authority or responsible housing authority, as the case may be, of the decision and the reasons for that decision.
(7) The housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan not later than 6 weeks from the date on which the notification under subsection (6) is sent, with the modification, in a case where it is accepted by the management group, or without the modification, in a case where it is rejected.
(8) Where the housing authority or, in the case of a joint homelessness consultative forum, any of the housing authorities concerned, fail to adopt the homelessness action plan in accordance with this section, the manager of each housing authority, as appropriate, shall, by order, as soon as practicable and in any event not later than the end of the period referred to in section 37 (1), adopt the draft homelessness action plan in accordance with subsection (4) or (7), as appropriate.
(9) The housing authority or responsible housing authority, as the case may be, shall—
(a) give a copy of the homelessness action plan to the Minister and each member of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as soon as practicable after it is adopted,
(b) make the homelessness action plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours,
(c) on request by any person, provide a copy of the homelessness action plan at a price not exceeding the reasonable cost of reproduction, and
(d) publish and maintain a copy of the homelessness action plan on the Internet for the period of the plan.
(10) A housing authority or responsible housing authority, as the case may be, may, at any time, and shall, in any case, not less than 8 months before the end of the period of the homelessness action plan decide to arrange for—
(a) the review and, where appropriate, amendment of the homelessness action plan, or
(b) the preparation and adoption of a new homelessness action plan.
(11) Where a housing authority or responsible housing authority, as the case may be, makes a decision for the purposes of subsection (10), the manager of the housing authority or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to arrange for the review of the homelessness action plan or the preparation of a new homelessness action plan and subsections (2) to (9) shall apply accordingly with any necessary modifications.
(12) Subject to subsection (8), the adoption or amendment of a homelessness action plan is a reserved function.
(13) (a) Notwithstanding section 37 (1), where, before the coming into operation of this Chapter, a housing authority has adopted a plan which meets the conditions specified in paragraph (b), then such a plan is deemed to be a homelessness action plan duly adopted by the housing authority for the purposes of this Chapter.
(b) The conditions referred to in paragraph (a) are that the plan—
(i) specifies the measures proposed to be undertaken to achieve the objectives of a homelessness action plan specified in section 37 (2), and
(ii) does not expire before the end of one year after the date of coming into operation of this Chapter.
num: 41
paragraphs: — (1) The Minister may give directions to a housing authority or responsible housing authority, as the case may be, in relation to all or any of the following:
(a) the number of members and composition, including an appropriate gender balance, of a homelessness consultative forum or joint homelessness consultative forum, as the case may be;
(b) the number of members and composition of a management group;
(c) the period of appointment of the members of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, and the management group;
(d) the terms and conditions of appointment (including terms and conditions relating to removal, resignation, the filling of casual vacancies and re-appointment) of the members of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, and the management group;
(e) the appointment of the chairperson of a homelessness consultative forum or of the joint homelessness consultative forum, as the case may be;
(f) services and support relating to the operation of the homelessness consultative forum, joint homelessness consultative forum or management group, as the case may be.
(2) A housing authority or responsible housing authority, as the case may be, shall, in the performance of its functions under this Chapter, comply with any directions given by the Minister under subsection (1).
num: 42
paragraphs: — The Minister may prescribe any body which provides services to address homelessness or the performance of whose functions may affect or relate to the provision of such services to be a specified body and any body so prescribed shall be a specified body for the purposes of this Chapter.
num: 43
paragraphs: — (1) In this Part—
“ charging order ” has the meaning given to it by section 46 ;
“ charged period ” has the meaning given to it by section 46 ;
“charged share” has the meaning given to it by section 46 ;
“ eligible household ” means—
(a) a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme and which has resided in the dwelling concerned for not more than 5 years from the date of the allocation, or
(b) subject to subsection (2), a household referred to in section 22 (5) (c) which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme;
“ incremental purchase arrangement ” has the meaning given to it by section 45 ;
“ incremental release ” has the meaning given to it by section 46 ;
“ market value ”, in relation to a dwelling to which this Part applies, means the price for which the unencumbered fee simple of the dwelling might reasonably be expected to be sold on the open market and, in a case where the site for the dwelling was provided to the housing authority by the eligible household for a nominal sum, excludes an amount equal to the excess (if any) of the market value of the site over such sum;
“ net market value ” means the market value reduced by an allowance equal to the amount of the market value attributable to material improvements;
“ purchase money ”, in relation to a dwelling to which this Part applies, means the monetary value of the proportion of the purchase price of the dwelling fixed by the housing authority, in accordance with regulations made under section 49 for the purposes of calculating the purchase money, as the proportion that is required to be paid to purchase the dwelling;
“ purchase price ”, in relation to a dwelling to which this Part applies, means the price of the dwelling determined by a housing authority in accordance with regulations made under section 49 for the purposes of calculating the purchase price;
“ purchaser ” means a person who purchases a dwelling under an incremental purchase arrangement and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the purchaser or his or her successor in title and the personal representative of that person or successor in title;
“ transfer order ” has the meaning given to it by section 45 .
(2) A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of “ eligible household ” in subsection (1) where—
(a) at any time during the 3 years immediately before applying to the authority to purchase a dwelling under this Part, the household was in arrears of rent for an accumulated period of 12 weeks or more in respect of any dwelling or site let to them by any housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , and
(b) the housing authority has not entered into an arrangement under section 34 with the household for the payment of the moneys due and owing to the housing authority in respect of those arrears.
num: 44
paragraphs: — (1) Subject to subsection (2), this Part applies to a dwelling—
(a) provided by a housing authority under the Housing Acts 1966 to 2009 or by an approved body with the assistance of a housing authority under section 6 of the Act of 1992 or provided under Part V of the Planning and Development Act 2000 —
(i) constructed after the coming into operation of this Part, or the construction of which began before the coming into operation of this Part and which is completed after such coming into operation and which is allocated to an eligible household in accordance with an allocation scheme within one year of its completion, or
(ii) which has not previously been let in accordance with an allocation scheme and is vacant on the coming into operation of this Part,
and
(b) and which is of a class of dwelling prescribed for the purposes of this Part as being a class of dwelling to which an incremental purchase arrangement may apply.
(2) (a) This Part does not apply to a dwelling referred to in subsection (1) which is—
(i) an apartment in a designated apartment complex, or
(ii) a dwelling which is a separate and self-contained apartment in a premises, divided into 2 or more apartments, which requires arrangements for the upkeep and management of all or any part of the common areas, structures, works or services other than by the purchaser.
(b) For the purposes of paragraph (a) (i), “ apartment ” and “ designated apartment complex ” have the same meaning as they have in section 50 .
num: 45
paragraphs: — (1) Subject to and in accordance with this Part and the Housing Acts 1966 to 2009 and subject to such regulations as may be made under section 49 , a housing authority or an approved body may enter into an arrangement (in this Part referred to as an “ incremental pur chase arrangement ”) with an eligible household whereby, in consideration of the receipt by the housing authority of the purchase money, the housing authority may sell a dwelling to which this Part applies, in the state of repair and condition existing on the date of sale, to the eligible household, by means of an order (in this Part referred to as a “ transfer order ”), in the prescribed form, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified in the order, in accordance with the terms and conditions specified in subsection (2) and the terms and conditions of a charging order.
(2) The terms and conditions referred to in subsection (1) shall include the following:
(a) that where the purchaser sells the dwelling to a person other than a housing authority or approved body during the charged period, the purchaser shall pay to the authority or approved body, as appropriate, an amount calculated in accordance with section 48 (5) or (6);
(b) that the dwelling shall, during the charged period, unless the housing authority or approved body, as appropriate, gives its prior written consent, be occupied as the normal place of residence of the purchaser or of a member of the purchaser’s household;
(c) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority or approved body, as the case may be, be sold, assigned, let or sublet or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of law;
(d) the purchaser shall not, during the charged period, without the prior written consent of the housing authority or approved body, as the case may be, make material improvements to the dwelling;
(e) terms and conditions relating to—
(i) maintenance of the dwelling by the purchaser, and
(ii) the provision and maintenance of adequate property insurance by the purchaser in respect of the dwelling;
(f) such other terms and conditions relating to the sale of the dwelling as may be prescribed for the purposes of a transfer order.
(3) Save as provided for by any other enactment or regulations made thereunder, the sale of a dwelling to which this Part applies under an incremental purchase arrangement shall not imply any warranty on the part of the housing authority or approved body concerned in relation to the state of repair or condition of the dwelling or its fitness for human habitation.
(4) An approved body may, with the consent of the housing authority and subject to such regulations as may be made under section 49 , reserve a number of dwellings for sale under this Part, being dwellings provided with the assistance of a housing authority under section 6 of the Act of 1992.
(5) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section.
num: 46
paragraphs: — (1) As soon as practicable after a dwelling to which this Part applies is sold under an incremental purchase arrangement, the housing authority or approved body, as appropriate, shall, subject to such regulations as may be made under section 49 , shall make an order (in this Part referred to as a “charging order”), in the prescribed form, charging the dwelling in the terms specified in this section for the period specified in the order (in this Part referred to as the “charged period” ).
(2) The charging order shall create a charge in favour of the housing authority or approved body concerned in respect of an undivided percentage share (in this Part referred to as the “charged share”), calculated in accordance with subsection (3), in the dwelling which charged share shall be reduced in accordance with subsection (4).
(3) The charged share is calculated in accordance with the following formula:
Y x 100
Z
where—
(a) Y is the difference between the purchase price of the dwelling at the time of sale to the purchaser and the purchase money, and
(b) Z is the purchase price of the dwelling at the time of sale to the purchaser.
(4) (a) Subject to paragraph (b) and section 47 , the charged share shall be reduced, in equal proportions (referred to in this section as “incremental releases”) applied annually, on the anniversary of the date of the transfer order, in respect of each complete year after that date during which a purchaser or a member of his or her household has been in occupation of the dwelling as his or her normal place of residence, until the earlier of—
(i) subject to section 48 , the first resale of the dwelling, or
(ii) subject to section 47 , the expiration of the charged period.
(b) The reduction of the charged share for the period of 5 years from the date of the transfer order shall be cumulative and shall not apply until the expiration of that period, provided the purchaser or a member of his or her household has been in occupation of the dwelling as his or her normal place of residence for that period.
(5) The housing authority or approved body, as the case may be, shall, at any time where requested by the purchaser, give a statement in writing, in the prescribed form, to the purchaser indicating the accumulated amount of incremental releases that have been applied under the charging order.
(6) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the dwelling, in favour of the housing authority or approved body, as appropriate, for a charge in the terms provided for in this section.
(7) Accordingly, the housing authority or approved body shall, as on and from the making of the charging order—
(a) be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and
(b) have, in relation to the charge referred to in subsection (6), all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(8) Where a housing authority or an approved body makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 46 (2) of the Housing (Miscellaneous Provisions) Act 2009.
(9) A charging order affecting a dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.
(10) A housing authority or an approved body may, subject to subsection (11), enter into an agreement with a holder of a licence under the Central Bank Act 1971 , a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.
(11) A housing authority or an approved body may only enter into an agreement referred to in subsection (10) if it considers that the agreement will—
(a) enable an eligible household to whom it is proposing to sell a dwelling to which this Part applies under an incremental purchase arrangement to obtain an advance of moneys from the holder, society or institution referred to in subsection (10) for the purposes of purchasing the dwelling, or
(b) enable a purchaser—
(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (10), or
(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (10), for any purpose.
(12) Any amount that becomes payable to a housing authority or an approved body under section 47 or 48 may, without prejudice to any other power in that behalf, be recovered by the authority or approved body, as the case may be, from the person concerned as a simple contract debt in any court of competent jurisdiction.
(13) For the avoidance of doubt, neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 .
(14) (a) On the occurrence of the earlier of the events specified in subsection (4)(a) and subject to the terms and conditions of the transfer order and of the charging order having been complied with, the housing authority or approved body, as the case may be, shall, where requested to do so by the purchaser, execute a deed of discharge in respect of the charging order.
(b) The housing authority or approved body, as the case may be, shall be liable for any expenses incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by a purchaser under this section or under section 47 or 48.
num: 47
paragraphs: — (1) A housing authority or approved body, as the case may be, may suspend the reduction of the charged share provided for under section 46 in respect of any year ending on the anniversary of the transfer order, where the purchaser fails to comply with any of the terms and conditions of the transfer order.
(2) Where the housing authority or approved body suspends the reduction of the charged share under subsection (1), the charged share on the dwelling shall be calculated in accordance with the following formula:
Y x 100 —R
Z
where—
(a) Y is the difference between the purchase price of the dwelling at the time of sale to the purchaser and the purchase money,
(b) Z is the purchase price of the dwelling at the time of sale to the purchaser, and
(c) R is the portion of the charged share that has been released in accordance with this subsection.
(3) (a) Where a housing authority or approved body has suspended the reduction of the charged share under subsection (1), the housing authority or approved body, as appropriate, shall, as soon as practicable thereafter, notify the purchaser in writing of the suspension and the reasons for the suspension.
(b) The housing authority or approved body, as the case may be, shall, on the expiration of the charged period, give a statement to the purchaser in writing, in the prescribed form, indicating the amount of the charge outstanding under the charging order on the date of expiration of the charged period, which amount shall be expressed as a percentage of the market value of the dwelling, equivalent to the charged share of the housing authority or approved body, as appropriate, in the dwelling on that date calculated in accordance with subsection (2).
(4) (a) The purchaser shall, within 2 months of receipt of the statement referred to in subsection (3), pay to the housing authority the amount set out in the statement.
(b) Where the purchaser fails to pay the amount referred to in paragraph (a), section 46 (12) applies.
(5) For the purposes of this section, “ market value ” means the price for which a dwelling might reasonably be expected to be sold on the date of expiration of the charged period, in its existing state of repair and condition and not subject to the conditions specified in section 45 (2) or to a charging order.
(6) (a) For the purposes of this section, the market value of a dwelling shall be determined by the housing authority or approved body, as appropriate, or, where the purchaser does not agree with the market value so determined, by an independent valuer nominated by the purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 49 .
(b) The housing authority or approved body shall not be liable for any expenses incurred by the purchaser under paragraph (a).
num: 48
paragraphs: — (1) Where a purchaser proposes to sell a dwelling which is subject to a charging order which has not been discharged, he or she shall give prior written notice to the housing authority or approved body, as appropriate, in accordance with the terms and conditions specified in the transfer order.
(2) Upon receipt of a notice referred to in subsection (1), the housing authority or approved body may, subject to subsection (4), purchase the dwelling for a sum equivalent to its market value, reduced by an amount equal to that proportion of the market value of the dwelling corresponding to the charged share in the dwelling on the date of resale.
(3) Without prejudice to any other power in that behalf, a housing authority or an approved body, as appropriate, may refuse to consent to the sale to any person of the dwelling where the housing authority or an approved body, as the case may be, is of the opinion that—
(a) the proposed sale price is less than the market value,
(b) the said person is or was engaged in anti-social behaviour or the sale would not be in the interest of good estate management, or
(c) the intended sale would, if completed, leave the vendor or any person who might reasonably be expected to reside with him or her without adequate housing.
(4) Where the housing authority or approved body purchases the dwelling in accordance with subsection (2) and material improvements have been made to the dwelling with the prior written consent of the housing authority or approved body, as appropriate, in accordance with the terms and conditions of the transfer order, the price payable by the authority or approved body shall be the market value of the dwelling, reduced by an amount equal to that proportion of the net market value of the dwelling as corresponds to the charged share of the authority or approved body in the dwelling on the date of its resale.
(5) Where a purchaser resells a dwelling to a person other than a housing authority or an approved body during the charged period, the purchaser shall pay to the housing authority or approved body concerned an amount equal to a percentage of the market value, such percentage being the equivalent of the charged share of the authority or approved body in the dwelling on the date of resale of the dwelling.
(6) Where a purchaser resells a dwelling to which material improvements have been made with the prior written consent of the authority or approved body, as appropriate, to a person other than a housing authority or an approved body, the purchaser shall pay to the housing authority or approved body an amount equal to that proportion of the net market value of the dwelling as corresponds to the charged share of the authority or approved body in the dwelling on the date of its resale.
(7) Where the amount payable under any of the provisions of this section would reduce the proceeds of the sale (disregarding solicitor and estate agent’s costs and fees) below the purchase money, the amount payable under the charging order shall be reduced to the extent necessary to avoid that result.
(8) (a) Subject to paragraph (b), where a purchaser resells a dwelling which is subject to a charging order the charged period of which has expired and in respect of which the amount referred to in section 47 (3) has not been paid in accordance with that section, section 46 (12) applies.
(b) No account shall be taken of any material improvements made to the dwelling after the expiration of the charged period.
(9) The housing authority may take account of any moneys likely to accrue to an approved body from the sale of dwellings under incremental purchase arrangements when providing assistance to such a body under section 6 of the Act of 1992 in respect of the provision of housing accommodation.
(10) (a) Subject to paragraph (b), any moneys accruing to an approved body from the sale of a dwelling under an incremental purchase arrangement or the resale of such a dwelling shall be paid to the housing authority for use by the housing authority for the purposes specified in section 13 .
(b) Repayment of the moneys referred to in paragraph (a) shall be limited to the extent that those moneys have been taken into account by the housing authority when providing assistance under section 6 of the Act of 1992 in respect of the provision of housing accommodation.
(11) For the purposes of this section, the current market value of a dwelling shall be determined by the housing authority or the approved body, as appropriate, or, where the vendor does not agree with the market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 49 .
(12) The housing authority or approved body, as the case may be, shall not be liable for any expenses incurred by a vendor under subsection (11).
num: 49
paragraphs: — The Minister may make regulations in relation to all or any one or more of the following:
(a) the class or classes of dwelling to which incremental purchase arrangements may apply;
(b) the class of classes of households with whom incremental purchase arrangements may be entered into;
(c) the method for determining the purchase price of a dwelling which method may—
(i) differentiate between different classes of dwelling, and
(ii) take account of the age of the dwelling;
(d) the method for determining the purchase money taking account of the financial circumstances of households with whom incremental purchase arrangements may be entered into;
(e) the determination of the minimum period, or the range within which a housing authority shall fix the minimum period, for which a charging order shall apply in respect of a dwelling sold under an incremental purchase arrangement, which period shall not in any case be less than 20 years from the date of the transfer order;
(f) in the case of an approved body, the reservation by it of a specified number or proportion of newly-constructed dwellings provided with the assistance of a housing authority under section 6 of the Act of 1992;
(g) the form and manner of, and terms and conditions to be specified in, a transfer order and a charging order;
(h) the class or classes or description of persons who are suitably qualified by reference to their qualifications and experience to determine the market value of a dwelling or site, as the case may be, for the purposes of this Part;
(i) the form of the statement for the purposes of sections 46 (5) and 47 (3);
(j) such other matters as the Minister considers necessary and appropriate relating to incremental purchase arrangements.
num: 50
paragraphs: — (1) In this Part—
“ apartment ” means a separate and self-contained dwelling in an apartment complex which requires arrangements for the upkeep and management of all or any part of the common areas, structures, works or services other than by the owner of the apartment;
“ apartment assignment order ” has the meaning given to it by section 64 (2);
“ apartment complex ” means land on which there stands erected a building or buildings, comprising or together comprising not less than 5 apartments (but not including any community apartment) and the common areas, structures, works and services;
“ apartment complex service charge ” has the meaning given to it by section 67 (1) and “ service charge ” shall be construed accordingly;
“ apartment complex support fund ” has the meaning given to it by section 70 ;
“ apartment complex transfer order ” has the meaning given to it by section 59 ;
“apartment owner” , in relation to an apartment (including a community apartment) in a designated apartment complex, means, subject to section 65 (1) (b)—
(a) an apartment purchaser, or
(b) the housing authority, in the case of an apartment which has not been sold by the housing authority—
(i) under section 90 of the Principal Act, whether before or after the coming into operation of this Part, or
(ii) under this Part and any regulations made thereunder;
“ apartment purchaser ” means, subject to section 76 , a person who purchases an apartment under this Part and includes a person in whom there subsequently becomes vested the interest of the apartment purchaser or his or her successor in title and the personal representative of that person or successor in title and references to “purchaser” shall be construed accordingly;
“ apartment transfer order ” has the meaning given to it by section 60 ;
“ charging order” has the meaning given to it by section 74 ;
“ charged period” has the meaning given to it by section 74 ;
“ charged share” has the meaning given to it by section 74 ;
“ common areas, structures, works and services ” means, in relation to an apartment complex, areas, structures, works and services that are, or are intended to be, common to apartments (including community apartments) in the apartment complex and enjoyed therewith, including where relevant access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual apartment;
“ community apartment ” means an apartment in an apartment complex that is authorised by the housing authority to be used for activities for the common benefit or enjoyment of the occupiers of apartments in the apartment complex;
“ current market value ” means the price for which an apartment might reasonably be expected to be sold, on the open market, on the date of sale under section 76 , in its existing state of repair and condition and not subject to the conditions specified in section 64 (5) or to a charging order;
“ designated apartment complex ” has the meaning given to it by section 55 (1);
“ financial year ”, in relation to a management company, means a period of 12 months ending on 31 December in any year, and, in the case of the first financial year of a management company, means the period commencing on the expiry of the period specified in section 63 (1) and ending on 31 December next following;
“ initial selling period” has the meaning given to it by section 56 (2);
“ management company ” has the meaning given to it by section 57 (2);
“ management company annual charges” has the meaning given to it by section 69 ;
“ member ” means a member of the management company;
“ property management services ” means services in respect of the management of an apartment complex carried out on behalf of a management company, and such services include—
(a) administrative services, and
(b) the procurement of or any combination of the maintenance, servicing, repair, improvement or insurance of the apartment complex or any part or parts of the apartment complex;
“ purchase money ”, in relation to an apartment, means the monetary value of the proportion of the purchase price of the apartment fixed by the housing authority, in accordance with regulations made under section 77 for the purposes of calculating the purchase money, as the proportion that is required to be paid to purchase the apartment;
“ purchase price ”, in relation to an apartment, means the price of the apartment determined by a housing authority in accordance with regulations made under section 77 for the purposes of calculating the purchase price;
“section 53 proposal” has the meaning given to it by section 53 ;
“ sell ”, in relation to an apartment, means to sell or assign a leasehold estate or interest;
“ sinking fund ” has the meaning given to it by section 68 (1);
“ sinking fund contribution ” has the meaning given to it by section 68 (3);
“ tenant ” means the tenant of an apartment pursuant to a tenancy agreement between the household and a housing authority.
(2) Save where otherwise provided for by this Part—
(a) references in this Part to an apartment, shall not include a community apartment, and
(b) references in this Part to a tenant, shall not include any tenant of a community apartment.
(3) In this Part, save where the context otherwise requires, a reference to a transfer of ownership shall be construed as a reference to a deed of transfer, conveyance or assignment.
num: 51
paragraphs: — (1) Subject to and in accordance with this Part and any regulations made thereunder, a housing authority may propose to designate an apartment complex for the purpose of making all of the apartments comprised therein, in respect of which the housing authority is the apartment owner, available for sale to the tenants thereof, under this Part and any regulations made thereunder, where the housing authority is satisfied that the conditions specified in subsection (2) are met.
(2) The conditions referred to in subsection (1) are that—
(a) the housing authority considers that the sale of the apartments concerned is consistent with good estate management and management of its overall dwelling stock in accordance with the policy objectives set out in its housing services plan relating to the management and maintenance of dwellings owned by the housing authority,
(b) the apartment complex is suitable for designation having regard to, but not necessarily limited to, the following—
(i) the configuration of the apartment complex by reference to its design and layout and to the common areas, structures, works and services,
(ii) the annual cost of managing and maintaining the apartment complex and providing for future capital works to preserve and improve the apartment complex, and
(iii) the number of apartments available for sale,
(c) the housing authority is satisfied, in a case where structural work has been carried out on the apartment complex within the previous 10 years or, in any other case, where a survey of the structural condition of the apartment complex has been carried out within the previous 5 years, that the apartment complex is in good structural condition, order and repair,
(d) with respect to the apartment complex concerned, neither the housing services plan nor the housing action programme contain—
(i) proposals to carry out reconstruction or improvement works by virtue of section 12 of the Act of 1988, or
(ii) plans for the regeneration of the area in which the apartment complex is situated,
(e) good and marketable title may be transferred to a management company under section 59 for the purposes of this Part, and
(f) none of the apartments in the apartment complex is of a class excluded from sale under this Part by regulations made under section 77 .
num: 52
paragraphs: — (1) Where a housing authority proposes to designate an apartment complex, the housing authority shall prepare a draft proposal, which shall—
(a) specify the apartment complex which it is proposed to designate,
(b) include information relating to the arrangements for—
(i) holding a tenant plebiscite in respect of the proposed designation of the apartment complex within 3 months of the adoption by the housing authority of a section 53 proposal,
(ii) transferring ownership of the apartment complex to a management company,
(iii) the sale of apartments in the apartment complex to the tenants of those apartments,
(iv) managing and maintaining the common areas, structures, works and services in the apartment complex, and
(v) funding expenditure of a type referred to in section 68 (1),
(c) include information relating to the terms and conditions of sale of an apartment in the apartment complex to the tenant thereof, including—
(i) the obligation to pay the management company annual charges and the estimated level thereof in the first year after purchase,
(ii) the restrictions on resale of an apartment by an apartment purchaser, and
(iii) the covenants in the apartment assignment order and the consequences for the apartment purchaser of failure to observe same,
(d) include information relating to the performance by the housing authority of its functions in respect of apartments in the apartment complex the subject of tenancy agreements between the housing authority and the tenants thereof,
(e) set out indicative figures for the projected purchase price and purchase money for the different classes of apartment in the apartment complex, and
(f) include any other information that the authority considers relevant to the draft proposal.
(2) The housing authority shall—
(a) publish and maintain on the Internet a copy of a draft proposal under this section to designate an apartment complex,
(b) make the draft proposal available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate during normal office hours,
(c) give notice of the draft proposal to—
(i) each tenant of an apartment in the apartment complex, and
(ii) each member of the housing authority.
(3) A housing authority shall take such steps as it considers appropriate for the purposes of informing tenants and seeking their views about a draft proposal under this section to designate an apartment complex including but not limited to—
(a) the holding of an information meeting or meetings about the draft proposal, and
(b) arranging to meet with individual tenants, as appropriate, on request, regarding the draft proposal.
(4) For the purposes of subsection (1) (a), the draft proposal may include a map that clearly indicates the boundaries, common areas, structures, works and services of the apartment complex concerned.
num: 53
paragraphs: — (1) Where, subject to the conditions specified in section 51 (2) continuing to be satisfied and having regard to the views of the tenants concerned expressed at information meetings or otherwise under section 52 (3), the manager decides to proceed with the proposal to designate the apartment complex, the manager shall submit the draft proposal to the members of the housing authority with or without such modifications as the manager considers appropriate.
(2) Where the manager decides not to proceed with the proposal to designate an apartment complex—
(a) because any condition specified in section 51 (2) is no longer satisfied,
(b) having regard to the views of the tenants concerned expressed at information meetings or otherwise under section 52 (3), or
(c) for any other reason,
the manager shall advise the tenants concerned and the members of the housing authority of his or her decision and the reasons for that decision.
(3) The housing authority may, with or without modification, adopt the draft proposal, submitted to it under subsection (1), to designate the apartment complex (in this Part referred to as a “section 53 proposal ”).
(4) The adoption under this section of a section 53 proposal is a reserved function.
num: 54
paragraphs: — (1) Where a housing authority adopts a section 53 proposal, it shall hold a tenant plebiscite in respect of the apartment complex concerned within the period specified in the proposal and in accordance with this section and any regulations made thereunder for the purpose of ascertaining the level of—
(a) support for the designation of the apartment complex, and
(b) willingness of tenants who purchase apartments in the apartment complex under this Part to serve as directors of the management company.
(2) (a) Subject to paragraph (b), each apartment in the apartment complex concerned shall be afforded one vote in the plebiscite.
(b) Where an apartment has been sold by the housing authority under section 90 of the Principal Act, whether before or after the coming into operation of this Part, the apartment shall not be included for the purposes of a tenant plebiscite under this section.
(3) A vote under subsection (2) may only be exercised—
(a) by the tenant of the apartment at the time of the plebiscite, and
(b) by completing and returning a ballot paper in the form and manner prescribed under subsection (6).
(4) In the case of an apartment where there are 2 or more tenants—
(a) they shall be considered as one tenant for the purposes of subsection (3) (a),
(b) they are not entitled to vote in the plebiscite unless a majority of them concurs, and
(c) unless the vote is signed by a majority of them, it shall be disregarded for the purposes of the plebiscite.
(5) Not later than 2 months after the adoption of the proposal to designate the apartment complex, the housing authority shall send to the tenants concerned, by ordinary post or any other means that may be prescribed under subsection (6), all ballot papers for completion under subsection (3) together with a copy of the section 53 proposal and any other explanatory material it considers relevant.
(6) The Minister may make regulations—
(a) relating to and governing the conduct of a tenant plebiscite,
(b) prescribing the form of a ballot paper under this section and the manner in which it is to be completed and returned, and
(c) prescribing means other than post for the delivery and return of ballot papers under this section.
num: 55
paragraphs: — (1) Where, following the holding of a tenant plebiscite, the conditions specified in section 51 (2) continue to be met, and subject to the conditions specified in subsection (2) being satisfied, the housing authority may designate the apartment complex (in this Part referred to as a “ designated apartment complex ”) in accordance with the section 53 proposal.
(2) The conditions referred to in subsection (1) are that—
(a) the number of votes in favour of the designation of the apartment complex equals or exceeds 65 per cent of the number of tenants entitled to vote at the plebiscite, and
(b) the number of voters who indicate at the plebiscite that, if designation proceeds and they purchase their apartments, they are willing to serve as directors of the management company equals or exceeds the greater of—
(i) the minimum number of tenants specified in column (2) of the Table to this subsection opposite the entry in column (1) of the class of apartment complex corresponding to the class of the apartment complex concerned, or
(ii) the number (rounded up to the nearest higher whole number) of tenants represented by the minimum proportion of all tenants specified in column (3) of the said Table opposite the said entry in column (1).
TABLE
Class of apartment complex determined by the number of apartments comprised therein of which the housing authority is the apartment owner
(1)
Minimum number of tenants in apartment complex willing to serve as directors of management company
(2)
Minimum proportion of all tenants in apartment complex willing to serve as directors of management company
(3)
Apartment complex comprising not more than 9 apartments
3
60%
Apartment complex comprising 10 to 19 apartments
6
40%
Apartment complex comprising 20 to 29 apartments
8
None
Apartment complex comprising 30 to 59 apartments
9
None
Apartment complex comprising 60 apartments or more
10
None
(3) Where an apartment complex is designated under subsection (1), the designation lapses if no apartment is sold by the housing authority under this Part before the expiry of the initial selling period.
(4) The designation of an apartment complex is a reserved function.
num: 56
paragraphs: — (1) A housing authority shall, within 6 months of designating an apartment complex under section 55 , by written notice given to each tenant of an apartment in the apartment complex, invite him or her to submit to the authority an application to purchase the apartment.
(2) Apartments in a designated apartment complex shall be available for sale under this Part to the tenants thereof during the period (in this Part referred to as the “ initial selling period ”) beginning on the date specified in subsection (3) and ending on the later of the following—
(a) 3 years from the date on which the initial selling period begins, or
(b) 5 years from the date on which the initial selling period begins in a case where the housing authority, before the expiry of the period specified in paragraph (a), extends that period for a further period of 2 years where it is satisfied that the sales of at least the minimum number of apartments available for sale in the designated apartment complex, calculated in accordance with section 64 (4), will proceed during any such extended period.
(3) The specified date for the purposes of subsection (2) is the date of the first occasion following designation of the apartment complex under section 55 on which the housing authority, pursuant to an application referred to in subsection (1), provides to a tenant the necessary information, documentation, particulars of title and terms and conditions of sale relating to the apartment concerned together with information and documentation relating to the management company.
(4) The extension of the initial selling period for the purposes of subsection (2) (b) is a reserved function.
(5) The manager shall arrange for the establishment of a management company under section 57 where the manager is satisfied that—
(a) the sales are ready to proceed, during the initial selling period, of at least the minimum number of apartments available for sale in the designated apartment complex calculated in accordance with subsection (6), and
(b) in relation to those sales that are ready to proceed as referred to in paragraph (a), the number of tenants of the apartments concerned that have indicated their willingness to serve as directors of the management company equals or exceeds half of the minimum number of apartments calculated in accordance with subsection (6).
(6) The minimum number of apartments for the purposes of subsection (5) (a) is calculated as the greater of—
(a) the minimum number of apartments specified in column (2) of the Table to this subsection opposite the entry in column (1) of the class of apartment complex corresponding to the class of the designated apartment complex concerned, and
(b) the minimum number (rounded up to the nearest higher whole number) of tenants represented by the minimum proportion of all apartments in the designated apartment complex concerned specified in column (3) of the said Table opposite the said entry in column (1).
TABLE
Class of apartment complex determined by the number of apartments comprised therein of which the housing authority is the apartment owner
(1)
Minimum number of apartment sales
(2)
Minimum proportion of all apartments in apartment complex
(3)
Apartment complex comprising not more than 19 apartments
2
35%
Apartment complex comprising 20 or more apartments
7
30%
(7) For the purposes of subsection (5) and section 64 (3), a sale is ready to proceed where, in accordance with the terms and conditions of sale, the tenant has—
(a) signed the apartment assignment order,
(b) paid such deposit as is payable to the housing authority in respect of the purchase concerned, and
(c) provided to the housing authority written notice of loan approval or otherwise established, to the satisfaction of the housing authority, his or her capacity to pay the balance of the purchase money on the completion of the sale to him or her.
num: 57
paragraphs: — (1) In this section references to an apartment include a community apartment.
(2) A housing authority shall, in relation to a designated apartment complex, establish a company (in this Part referred to as a “ management company ”) to achieve the principal objects specified in subsections (5) and (6) which shall be a company formed and registered under the Companies Acts and limited by—
(a) shares, where there are not more than 6 apartments in the designated apartment complex concerned, or
(b) guarantee, where there are more than 6 apartments in the designated apartment complex.
(3) The name of every management company shall be comprised of the name of the designated apartment complex concerned and the words “owners’ management company” which words may be abbreviated to “OMC”.
(4) The memorandum and articles of association of a management company shall be in such form consistent with this Act as may be determined by the housing authority.
(5) The principal objects of a management company shall be stated in its memorandum of association to be as follows:
(a) to take a transfer of ownership of a designated apartment complex in accordance with an apartment complex transfer order;
(b) in the case of apartments in the designated apartment complex which have not been sold by the housing authority under section 90 of the Principal Act, whether before or after the coming into operation of this Part, to grant a lease or sublease of the apartments to the housing authority in accordance with an apartment transfer order;
(c) to manage, control and maintain the common areas, structures, works and services in accordance with section 63 (3);
(d) to carry out its functions in accordance with this Part.
(6) Subsection (5) does not prevent or restrict the inclusion of objects and powers that are—
(a) reasonably necessary, proper for or incidental or ancillary to attaining the principal objects referred to in subsection (5), and
(b) not inconsistent with this Part or any other enactment.
(7) The articles of association shall include provision for—
(a) the levying and collection annually of an apartment complex service charge and a charge in respect of the sinking fund contribution, and
(b) the covenants and agreements relating to the designated apartment complex and the apartments comprised therein.
num: 58
paragraphs: — (1) A management company shall—
(a) prepare and furnish to each member an annual report which complies with subsection (2), and
(b) hold a meeting at least once in each year for purposes which include the consideration of the annual report referred to in paragraph (a).
(2) An annual report of a management company shall include:
(a) a statement of income and expenditure relating to the period covered by the report;
(b) a statement of the assets and liabilities of the company;
(c) a statement of the funds standing to the credit of the sinking fund;
(d) a statement of the amount of the apartment complex service charge and the basis of such charge in respect of the period covered by the report;
(e) a statement of the projected or agreed apartment complex service charge relating to the current period;
(f) a statement of any planned expenditure on refurbishment, improvement or maintenance of a non-recurring nature which it is intended to carry out in the current period;
(g) a statement of the insured value of the designated apartment complex, the amount of the premium charged, the name of the insurance company with which the policy of insurance is held and a summary of the principal risks covered; and
(h) a statement fully disclosing any contracts entered into or in force between the management company and a director or shadow director of the company or a person who is a connected person as respects that director or shadow director.
(3) At least 21 days written notice of the meeting referred to in subsection (1) (b) shall be given to each member.
(4) A copy of the annual report referred to in subsection (1) (a) shall be given to each member at least 10 days before the meeting referred to in subsection (1) (b).
(5) The meeting referred to in subsection (1) (b) shall take place within reasonable proximity to the designated apartment complex and at a reasonable time (unless otherwise agreed by 75 per cent majority vote of the members).
(6) The obligations of a management company under this section are in addition to any other obligation or duty of such company whether arising under an Act, statutory instrument, by rule of law or otherwise.
(7) For the purposes of subsection (2) (h), “ shadow director ” and “ connected person ” have the same meanings as they have in the Companies Acts.
num: 59
paragraphs: — (1) As soon as practicable after the establishment of the management company under section 57 the housing authority shall, for nominal consideration transfer its ownership of the apartment complex (including its interest in any apartment sold under section 90 of the Principal Act whether before or after the coming into operation of this Part) to the management company by means of an order (in this Part referred to as an “ apartment complex transfer order ”), in the prescribed form, made by the housing authority, which order shall be expressed and shall operate to vest, on the date specified in the order, the interest specified therein, subject as therein provided and to the terms and conditions specified in subsection (2).
(2) The terms and conditions referred to in subsection (1) include the following—
(a) that the management company shall, on the date specified in the apartment complex transfer order or as soon as practicable thereafter, lease or sublease, as the case may be, each apartment (including any community apartment) in the designated apartment complex to the housing authority in accordance with this Part other than any apartments sold by the housing authority under section 90 of the Principal Act whether before or after the coming into operation of this Part,
(b) that the transfer of ownership under subsection (1) is subject to—
(i) the tenancy agreements between the housing authority and the tenants of the apartments concerned entered into before the date of the apartment complex transfer order, and
(ii) any lease entered into between the housing authority before the date of the apartment complex transfer order for the purpose of the sale of an apartment in the designated apartment complex under section 90 of the Principal Act whether before or after the coming into operation of this Part,
(c) that the consent of the management company shall not be required in respect of the sale or letting of apartments by the housing authority under the Housing Acts 1966 to 2009,
(d) that the management company shall, where the designation of an apartment complex lapses under section 55 (3), comply with the requirements of section 61 ,
(e) such other terms and conditions as may be prescribed for the purposes of an apartment complex transfer order.
(3) Save as provided for by any other enactment or regulations made thereunder, the transfer of ownership of a designated apartment complex to a management company under this section shall not imply any warranty on the part of the housing authority in relation to the state of repair or condition of the apartment complex or the fitness for human habitation of the apartments concerned.
num: 60
paragraphs: — (1) In this section, in the case of a designated apartment complex in respect of which a leasehold interest is assigned to the management company for the purposes of section 59 , a reference to a lease includes a sublease.
(2) Subject to and in accordance with this section, as soon as practicable after the date specified in the apartment complex transfer order for the purposes of section 59 (1), the management company shall, for nominal consideration, grant a lease to the housing authority in respect of each apartment (including any community apartment) in the designated apartment complex, by means of an order (in this Part referred to as an “ apartment transfer order ”) in the prescribed form, made by the management company, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified therein, subject as therein provided and to the terms and conditions specified in subsection (3).
(3) The terms and conditions referred to in subsection (2) include the following—
(a) that the housing authority may, without the consent of the management company—
(i) sell the apartment, under this Part, to a tenant thereof, or
(ii) without prejudice to any tenancy agreement entered into between the housing authority and a tenant of the apartment concerned before the date specified in the apartment transfer order for the purposes of subsection (2), let the apartment in accordance with and in the performance of its functions under the Housing Acts 1966 to 2009,
(b) that the housing authority shall not, without the prior written consent of the management company make material improvements to the apartment,
(c) the condition specified in section 69 (3) relating to payment of the management company annual charges in respect of the apartment and the consequences of failing to pay,
(d) that the management company shall, where the designation of an apartment complex lapses under section 55 (3), comply with the requirements of section 61 ,
(e) terms and conditions relating to membership of the management company, and
(f) such other terms and conditions relating to the lease of an apartment to the housing authority under this section as may be prescribed for the purposes of an apartment transfer order.
(4) This section does not apply to any apartment in a designated apartment complex sold by a housing authority under section 90 of the Principal Act whether before or after the coming into operation of this Part.
(5) In this section “ material improvements ” means improvements made to an apartment whether for the purposes of extending, enlarging or converting the apartment but does not include internal decoration and repair.
num: 61
paragraphs: — (1) Where the designation of an apartment complex lapses under section 55 (3), the housing authority shall notify the management company in writing and the management company shall, as soon as practicable after receipt of the notification—
(a) terminate the leases granted to the housing authority in respect of each apartment in accordance with the terms and conditions of the apartment complex transfer order and the apartment transfer order;
(b) transfer ownership of the apartment complex to the housing authority, subject to any lease referred to in section 59 (2) (b) (ii), and
(c) arrange for the winding up of the management company in accordance with the Companies Acts.
(2) Where the designation of an apartment complex lapses under section 55 (3) and subject to compliance by the management company with the requirements of subsection (1), the housing authority shall continue to perform its functions under the Housing Acts 1966 to 2009 relating to the management and control of the apartment complex.
num: 62
paragraphs: — A housing authority shall reimburse a management company established by it in respect of such reasonable and vouched expenses as may be incurred by the management company in the performance of its functions under sections 59 , 60 and 61 .
num: 63
paragraphs: — (1) Notwithstanding the transfer of ownership of a designated apartment complex to a management company under section 59 , the housing authority shall manage and control the designated apartment complex in the performance of its functions under the Housing Acts 1966 to 2009, for the period beginning on the date specified in the apartment complex transfer order for the purposes of section 59 (1) and ending on the date of the first sale of an apartment in the apartment complex to the tenant thereof.
(2) The management company shall pay to the housing authority as soon as practicable after receipt thereof any charges paid to the management company in respect of the period specified in subsection (1) by any person to whom an apartment in the designated apartment complex was sold under section 90 of the Principal Act whether before or after the coming into operation of this Part.
(3) On the date of the first sale under this Part of an apartment in a designated apartment complex to the tenant thereof the management company shall, in relation to the common areas, structures, works and services in the designated apartment complex, in accordance with its memorandum and articles of association ensure the effective management and maintenance of the common areas, structures, works and services, and without prejudice to the generality of the foregoing, ensure that the designated apartment complex functions effectively and otherwise comply with the obligations imposed on the management company under and in accordance with this Part and the apartment complex transfer order.
num: 64
paragraphs: — (1) In this section, in the case of an apartment in respect of which a sublease is granted to the housing authority for the purposes of section 60 , a reference to a lease includes a sublease.
(2) Subject to and in accordance with this Part and the Housing Acts 1966 to 2004 and subject to such regulations as may be made under section 77 , a housing authority may, subject to subsections (3) and (4), in consideration of the receipt by the housing authority of the purchase money, sell an apartment, of which it is the apartment owner, in a designated apartment complex, in the state of repair and condition existing on the date of sale, to the tenant of the apartment (in this Part referred to as an “ apartment purchaser ”) by assignment of the lease granted to the housing authority under section 60 by means of an order (in this Part referred to as an “ apartment assign ment order ”), in the prescribed form, made by the housing authority, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified in the order, in accordance with and subject to the terms and conditions specified in subsection (5) and the terms and conditions of a charging order.
(3) The manager shall not sign the apartment assignment order for the sale to a tenant under this Part of the first apartment in a designated apartment complex where—
(a) the initial selling period has expired, or
(b) he or she is not satisfied that the sales are ready to proceed (within the meaning of section 56 (7)) within 4 weeks of the date of signing the assignment order of at least the minimum number of apartments available for sale in the designated apartment complex, calculated in accordance with subsection (4), or
(c) the number of tenants of the apartments referred to in paragraph (b) who have indicated a willingness to serve as directors of the management company is less than half of the minimum number of apartments calculated in accordance with subsection (4).
(4) The minimum number of apartments for the purposes of subsection (3) (b) includes the first apartment referred to in subsection (3) and is calculated as the greater of—
(a) the minimum number of apartments specified in column (2) of the following Table opposite the entry in column (1) of the class of apartment complex corresponding to the class of the designated apartment complex concerned, or
(b) the minimum number (rounded up to the nearest higher whole number) of tenants represented by the minimum proportion of all apartments specified in column (3) of the following Table opposite the said entry in column (1).
TABLE
Class of apartment complex determined by the number of apartments comprised therein of which the housing authority is the apartment owner
(1)
Minimum number of apartment sales
(2)
Minimum proportion of all apartments in apartment complex
(3)
Apartment complex comprising not more than 19 apartments
2
30%
Apartment complex comprising 20 or more apartments
6
25%
(5) The terms and conditions referred to in subsection (2) shall include the following—
(a) that the apartment shall, during the charged period, unless the housing authority gives its prior written consent, be occupied as the normal place of residence of the apartment purchaser or of a member of the apartment purchaser’s household;
(b) that the apartment or any part thereof shall not, during the charged period without the prior written consent of the housing authority, be sold, assigned, let or sublet or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of law;
(c) terms and conditions relating to the resale of the apartment under section 76 during the charged period;
(d) such other terms and conditions relating to the sale of an apartment as may be prescribed for the purposes of an apartment assignment order.
(6) A tenant who applies to purchase his or her apartment under this Part shall, on or before signing the apartment assignment order, pay to the housing authority a deposit of an amount determined in accordance with such method as may be prescribed under section 77 which deposit, subject to subsection (7), shall not be refundable if the tenant withdraws from the sale for any reason at any time before the expiration of 6 months from the date on which he or she signs the order.
(7) Where a housing authority does not proceed with the sale of an apartment for any reason, the housing authority shall—
(a) notify the tenant in writing,
(b) refund any deposit paid by the tenant and reimburse the tenant in respect of such reasonable legal expenses as may be incurred by him or her in respect of the proposed purchase of the apartment by him or her under this Part, and
(c) pay to the tenant interest on the amount of the deposit refunded under paragraph (b) at the rate prescribed under section 33 for the period beginning on the date the tenant signed the apartment assignment order and ending on the date on which the housing authority notifies the tenant that it is not proceeding with the purchase.
(8) Save as provided for by any other enactment or regulations made thereunder, the sale of an apartment under this Part to a tenant shall not imply any warranty on the part of the housing authority in relation to the state of repair or condition of the apartment or its fitness for human habitation.
(9) A housing authority shall not proceed with the sale of an apartment under this Part to the tenant thereof—
(a) where—
(i) at any time during the 3 years immediately before applying to the authority to purchase an apartment under this Part, the tenant was in arrears of rent for an accumulated period of 12 weeks or more in respect of the apartment or any other dwelling or site let to him or her by any housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , and
(ii) the housing authority has not entered into an arrangement under section 34 with the tenant for the payment of the moneys due and owing to the housing authority in respect of those arrears,
(b) where, on the basis of any structural survey of the apartment complex or of an individual apartment that may be carried out after the date of the designation of the apartment complex under section 55 , the authority considers that it is not in the interest of good estate management to proceed with the sale,
(c) where the authority is not satisfied, having regard to the provisions of section 65 (5), that the number of existing and prospective apartment purchasers willing to serve as directors of the management company is sufficient to enable the company to function effectively, or
(d) where the designation of the apartment complex for tenant purchase has lapsed under section 55 (3).
(10) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of an apartment to a tenant in accordance with this Part.
num: 65
paragraphs: — (1) In this section—
(a) references to an apartment include a community apartment, and
(b) references to an apartment owner include—
(i) a person to whom an apartment in a designated apartment complex was sold under section 90 of the Principal Act whether before or after the coming into operation of this Part, and
(ii) a person in whom there subsequently becomes vested the interest of the person referred to in subparagraph (i) or his or her successor in title and the personal representative of that person or successor in title.
(2) Each apartment owner shall be a member of the management company.
(3) (a) The voting rights of the members shall be structured in such a manner that in the determination of any matter by the members one vote shall attach to each apartment owner in respect of each apartment in the designated apartment complex to which the management company relates, and that no other person has such a vote.
(b) Each vote referred to in paragraph (a) shall be of equal value.
(4) Where 2 or more persons are joint apartment owners they shall constitute one member in respect of the exercise of the voting and other powers vested in such member.
(5) According as apartments in a designated apartment complex are sold to tenants under this Part, a housing authority shall, subject to subsection (6), nominate for election as directors of the management company such number of persons which, when expressed as a proportion of the total number of directors of the company that will be serving after the election is concluded, does not exceed the proportion of the total number of apartments in the designated apartment complex of which the housing authority is the apartment owner.
(6) A housing authority may decide not to nominate any person for election as a director of the management company where the number of apartments of which the housing authority is the apartment owner is equal to or less than 20 per cent of the total number of apartments in the designated apartment complex.
num: 66
paragraphs: — (1) Where ownership of an apartment in a designated apartment complex is transferred, whether by conveyance, transfer, assignment, by operation of law or otherwise, membership of the management company which arises by virtue of ownership of the apartment shall, notwithstanding any provision to the contrary in the Companies Acts or other enactment, on such transfer stand transferred to the person becoming entitled to the interest in the apartment concerned without the need to execute a transfer or have it approved by the directors of the company, and such person shall—
(a) be entitled to exercise the powers, rights and entitlement of a member in the company concerned, and
(b) subject to subsection (3), be obliged to perform all the obligations (including the payment of the apartment complex service charge, the charge in respect of the sinking fund contribution and any other charges) pertaining to the membership of the company concerned.
(2) Notwithstanding subsection (1) a management company shall take all steps necessary to ensure—
(a) that the share certificate or membership certificate, as appropriate, is issued to the member concerned as soon as practicable following notification of the change of ownership of an apartment,
(b) that the register of members of the company is altered accordingly, and
(c) that there is compliance with all other relevant requirements under the Companies Acts.
(3) This section is without prejudice to the rights, entitlements and obligations of any person to whom an apartment in a designated apartment complex was sold under section 90 of the Principal Act, whether before or after the coming into operation of this Part including a person in whom there subsequently becomes vested the interest of such person or his or her successor in title and the personal representative of that person or successor in title.
num: 67
paragraphs: — (1) Before the end of the period specified in section 63 (1), and thereafter before the end of the first month of each financial year, the management company shall prepare an estimate of the amount to be raised, in respect of the financial year concerned, by way of an annual charge or charges (in this Part referred to as the “ apartment complex service charge ”) payable by apartment owners, being the amount required to discharge ongoing expenditure reasonably incurred on the insurance, maintenance (including cleaning and waste management services) and repair of the common areas, structures, works and services of the designated apartment complex concerned and on the provision of common or shared services to the apartment owners and occupiers of the designated apartment complex.
(2) The management company shall prepare the estimate referred to in subsection (1) by reference to the actual or projected expenditure for the financial year in respect of which the service charge is to be levied.
(3) The estimate referred to in subsection (1) shall include the following categories:
(a) insurance;
(b) general maintenance;
(c) repairs;
(d) waste management;
(e) cleaning;
(f) gardening and landscaping;
(g) security services;
(h) legal services and accounts preparation; and
(i) other expenditure anticipated to arise in connection with the maintenance, repair and management of the common areas anticipated to arise.
(4) The apartment complex service charge for each financial year shall not be levied by the management company unless it has been considered by a general meeting of the members called for purposes which include the consideration of the estimate referred to in subsection (1).
(5) The general meeting referred to in subsection (4) shall take place within reasonable proximity to the designated apartment complex and at a reasonable time (unless otherwise agreed by a 75 per cent majority vote of the members).
(6) (a) The proposal in relation to the setting of the apartment complex service charge may be amended at the meeting referred to in subsection (4) with the approval of a 60 per cent majority vote of the members present and voting at the meeting.
(b) Where the apartment complex service charge proposed to the general meeting is disapproved of by not less than a 75 per cent majority vote of the members present and voting at the meeting, the proposed apartment complex service charge shall not take effect but the apartment complex service charge applying to the previous financial year shall continue to apply pending the adoption of an apartment complex service charge in respect of the financial year concerned.
(7) The amount of the apartment complex service charge shall as soon as practicable after its adoption under this section be levied by the management company as a charge on each apartment in the designated apartment complex, the proportion of the apartment complex service charge attributable to any apartment being the same as the proportion which the floor area of that apartment, determined in the prescribed manner, bears to the aggregate floor area of all apartments in the designated apartment complex.
(8) (a) In the case of a designated apartment complex where the housing authority has sold one or more than one apartment under section 90 of the Principal Act, whether before or after the coming into operation of this Part, the management company shall—
(i) determine the net amount of the apartment complex service charge by deducting from the amount of the apartment complex service charge for the financial year concerned the amount of its estimated service charge receipts for the current financial year from the apartment owners of the apartments so sold under the terms and conditions of the transfer orders in respect of the sales of those apartments,
(ii) excluding the apartments so sold from the calculation and subject to the prior approval of the Minister, apportion the net amount of the apartment complex service charge between each of the other apartments in the designated apartment complex by the method of apportionment provided for in the said transfer orders, and
(iii) levy the amount so apportioned in respect of each of those other apartments in the designated apartment complex as a charge on such apartment.
(b) The Minister shall not approve the method of apportionment referred to in paragraph (a) (ii) where he or she is not satisfied that such method is equitable as between the apartments referred to in paragraph (a) (iii).
(c) Where the Minister does not approve the method of apportionment referred to in paragraph (a) (ii), the management company shall, excluding the apartments so sold under section 90 of the Principal Act from the calculation, apportion the net amount of the apartment complex service charge between each of the other apartments in the designated apartment complex by the method of apportionment specified in subsection (7).
(9) (a) To the extent that any part of the apartment complex service charge is not required for the year concerned, any excess shall be taken account of in setting the apartment complex service charge for the following year.
(b) To the extent that the apartment complex service charge is inadequate for the expenditure in the year concerned, the extent of such inadequacy may be added to the apartment complex service charge otherwise payable in respect of the following year.
(10) The management company shall maintain sufficient and proper records of expenditure incurred by it to enable appropriate verification and audits to be undertaken.
(11) The apartment complex service charge levied pursuant to this section shall be applied for the purposes specified in subsection (1) but any excess may, notwithstanding subsections (2) or (9), be applied on expenditure which may be incurred by the sinking fund.
(12) The Minister may make regulations prescribing the class or classes of items of expenditure which may be the subject of the apartment complex service charge.
num: 68
paragraphs: — (1) Before the end of the period specified in section 63 (1), the management company shall establish a building investment fund (in this Part referred to as a “ sinking fund ”) for the purpose of discharging expenditure reasonably incurred, in respect of the designated apartment complex concerned on—
(a) refurbishment,
(b) improvement,
(c) maintenance of a non-recurring nature, or
(d) advice from a suitably qualified person relating to paragraphs (a) to (c).
(2) For the purposes of subsection (1), expenditure shall not be considered to be expenditure on maintenance of a non-recurring nature—
(a) where the expenditure relates to a matter in respect of which expenditure is generally incurred in each year,
(b) unless it is certified by the directors of the management company as being expenditure on maintenance of a non-recurring nature, and
(c) unless the expenditure is approved by a meeting of the members as being expenditure on maintenance of a non-recurring nature.
(3) (a) Before the end of the period specified in section 63 (1), and thereafter before the end of the first month of each financial year, the management company shall, subject to paragraph (b) prepare an estimate of the sum of moneys (referred to in this Part as the “sinking fund contribution” ) that it considers appropriate and prudent for addition to the sinking fund in the financial year concerned and, applying the method of apportionment specified in subsection (4) (a) or (b), as appropriate, calculate the amount equal to the proportion of the sinking fund contribution that would be attributable to each apartment in the designated apartment complex.
(b) The management company shall not prepare an estimate of the sinking fund contribution for the financial year concerned which, when apportioned between each apartment in the designated apartment complex in accordance with paragraph (a), results in the smallest amount attributable to any apartment being less than €200 or such other amount as may be prescribed for the purposes of this subsection.
(c) If, under the calculation set out in paragraph (a), the smallest amount attributable to any apartment in the designated apartment complex is equal to €200 or such other amount as may be prescribed for the purposes of this subsection, the management company may adopt its estimate under paragraph (a) as the sinking fund contribution for the financial year concerned.
(d) If under the calculation specified in paragraph (a), the smallest amount attributable to any apartment in the apartment complex is more than €200 or such other amount as may be prescribed for the purposes of this subsection, the sinking fund contribution for the financial year shall be adopted by a general meeting of members called for those purposes, provided that such contribution, when apportioned between each apartment in the designated apartment complex on the same basis as the apartment complex service charge, does not result in the smallest amount attributable to any apartment being less than €200 or such other amount as may be prescribed for the purposes of this subsection.
(4) The amount of the sinking fund contribution shall, as soon as practicable after its determination, be levied by the management company as a charge on each apartment in the designated apartment complex, the amount being apportioned between each apartment in the designated apartment complex on the same basis as the apartment complex service charge is apportioned—
(a) in accordance with section 67 (7), or
(b) in the case of a designated apartment complex where the housing authority has sold one or more than one apartment under section 90 of the Principal Act, in accordance with section 67 (8).
(5) The contributions made to the sinking fund shall be held in a separate account and in a manner which identifies such funds as belonging to the sinking fund and those funds shall not be used or expended on matters other than expenditure of a type referred to in subsection (1).
(6) The Minister may make regulations prescribing all or any one or more of the following:
(a) a class or classes of expenditure which may be incurred by a sinking fund;
(b) thresholds of expenditure (by reference to amounts of expenditure or by reference to the proportion of the sinking fund) which necessitate approval of the members;
(c) any other amount for the purposes of subsection (3) having regard to the average level of service charges in designated apartment complexes.
num: 69
paragraphs: — (1) A management company may issue a single request for payment of the aggregate of the charges arising under sections 67 and 68 , and every request for payment, whether in reliance on this section or on section 67 or 68 shall set out the basis of the calculation of the charge, a breakdown of how it is calculated and the amount payable in respect of the apartment concerned.
(2) Where payment of charges arising under sections 67 and 68 are requested or collected together such charges may collectively be referred to as “ management company annual charges ”.
(3) It shall be a condition of the apartment transfer order and the apartment assignment order that—
(a) the apartment owner shall pay the management company annual charges of such amount or amounts and at such times and in such manner as the management company may specify subject to and in accordance with the terms and conditions of the apartment transfer order or the apartment assignment order, as the case may be, and
(b) where the apartment owner fails to comply with the obligation in paragraph (a), the management company shall have the right to re-enter and take possession of the apartment, whereupon the term of the apartment transfer order or the apartment assignment order, as the case may be, shall end, without prejudice to the rights and remedies of the company in respect of any such charge in arrears or of any other breach of the apartment transfer order or apartment assignment order.
(4) Where the management company annual charges or part thereof remain unpaid by the apartment owner on the expiration of the period for payment specified in the apartment transfer order or apartment assignment order, as the case may be, the amount concerned shall bear interest, at the rate provided for therein and calculated in accordance therewith.
(5) Where, during the charged period, the management company annual charges or part thereof remain unpaid by the apartment purchaser concerned for a period of more than 6 months after the expiry of the period for payment of the charge specified in the apartment assignment order, the management company shall notify the housing authority in writing.
(6) Where a housing authority sells an apartment to the tenant thereof under this Part, it shall not be liable, in respect of any period after the date on which the housing authority signs the apartment assignment order, for the management company annual charges for the proportion of the financial year remaining after that date or for any financial year thereafter.
num: 70
paragraphs: — (1) Subject to subsection (3), on the first sale of an apartment in a designated apartment complex to the tenant thereof under this Part, the housing authority shall establish, maintain and account for a fund (referred to in this Part as an “ apartment complex support fund ”) for the purposes set out in subsection (4).
(2) (a) The housing authority shall, on the establishment of the apartment complex support fund, pay into the fund an amount fixed in accordance with paragraph (b).
(b) The amount referred to in paragraph (a) shall be calculated as the sum of the prescribed proportion of the purchase price on the date of the first sale referred to in subsection (1) of each apartment in the designated apartment complex, including community apartments and any apartments sold to tenants under section 90 of the Principal Act whether before or after the coming into operation of this Part, which proportion shall not exceed the greater of—
(i) 5 per cent of such purchase price, or
(ii) such amount as may be prescribed for the purposes of this section having regard to the number and size of the apartments comprised in the designated apartment complex concerned.
(3) The moneys referred to in subsection (2) in respect of one or more than one designated apartment complex may be held in, managed and accounted for by a housing authority in a single apartment complex support fund, provided that the funding for each such apartment complex is capable of being separately identified.
(4) The housing authority, in accordance with this section, on a request being made in that behalf by the management company and subject to there being sufficient moneys in the apartment complex support fund, may decide to transfer moneys from the apartment complex support fund to the company’s sinking fund to meet expenditure by, or on behalf of, the management company on any of the works referred to in section 68 (1) (a) to (c).
(5) (a) Where a request is made under subsection (4), the management company shall, as the housing authority may reasonably require for the purpose of deciding whether to transfer moneys from the apartment complex support fund to the sinking fund—
(i) provide details (including drawings and estimated costs) of the proposed works,
(ii) provide financial and other information (including the company’s records relating to management, maintenance and repair of the common areas, structures, works and services), and
(iii) carry out, or facilitate the housing authority in carrying out, inspections, surveys and tests.
(b) The reasonable costs incurred by the management company in meeting the requirements of a housing authority under this subsection shall be paid by the housing authority.
(6) A housing authority may refuse to transfer moneys under subsection (4) where it is of the opinion that any of the following applies:
(a) the works proposed are not in the interest of good estate management;
(b) the management company is not in a position to meet the cost of the works, from its own resources, including the sinking fund, moneys which it has requested under subsection (4) from the apartment complex support fund and borrowings;
(c) the works proposed are necessary because of the management company’s failure to discharge its obligations under section 63 (3), whether this failure is attributable to the company’s failure to levy or collect an adequate apartment complex service charge in one or more than one financial year, or otherwise;
(d) the moneys may be used by the management company for purposes other than the carrying out of the works proposed, including eliminating or reducing any excess of expenditure over income (but not including the sinking fund) on the management company’s accounts.
(7) Where a housing authority decides to transfer moneys under subsection (4) it may do all or any of the following—
(a) transfer from the apartment complex support fund the amount requested by the management company under subsection (4) or an amount less than that so requested;
(b) attach such conditions as it considers appropriate to its decision including conditions specifying—
(i) the works to be carried out,
(ii) the works not to be carried out,
(iii) the standard of the works to be carried out, and
(iv) the timing and content of reports to be given to the housing authority in relation to the works carried out;
(c) transfer same to the sinking fund of the management company in such instalments and at such times as the housing authority considers reasonable having regard to the progress of the works concerned.
(8) The management company in carrying out any of the works referred to in section 68 (1) (a) to (c) shall comply with such conditions if any as may be attached under subsection (7) (b) to the decision to transfer moneys under subsection (4).
(9) (a) The housing authority may, for the purpose of establishing that the moneys transferred under subsection (4) were used for the purpose for which they were intended and in compliance with the conditions attached under subsection (7) (b) to its decision to transfer moneys, carry out such further inspections, surveys and tests of the works concerned as it considers necessary.
(b) The management company shall facilitate the housing authority in the carrying out of the inspections, surveys and tests referred to in paragraph (a) and, if requested by the authority, shall itself carry out such inspections, surveys and tests of the works concerned, as the housing authority considers necessary, the reasonable cost of which shall be paid by the housing authority.
(10) (a) The management company shall be liable to repay to the housing authority—
(i) in case of its failure to use all or any of the moneys transferred under subsection (4) for the purpose for which they were intended, the entire of such moneys or such part thereof, as the case may be, or
(ii) in case of a breach of one or more than one condition attached by the authority under subsection (7) (b) to its decision to transfer moneys under subsection (4), that proportion of the amount of the transferred moneys corresponding to the cost of complying with the condition or conditions concerned expressed as a proportion of the total cost of carrying out the works in respect of which the authority agreed to so transfer moneys.
(b) Any moneys due and owing to the housing authority under paragraph (a) shall, subject to section 71 , be repaid by the management company not later than 2 months after the date on which the authority demands repayment from the management company by notice in writing specifying the matters giving rise to the demand for repayment and the amount concerned.
(c) Any moneys repaid by a management company to a housing authority under this subsection shall be paid into the apartment complex support fund.
(11) The housing authority may recoup from the apartment complex support fund such reasonable expenses as it may incur in the exercise of its functions under this section.
(12) The apartment complex support fund shall consist of a current account (in this section referred to as the “ current account ”) and an investment account (in this section referred to as the “ invest ment account ”).
(13) The housing authority shall pay into the current account, from time to time, the amount that the authority determines is required for the purposes of—
(a) transferring moneys to a sinking fund under this section, and
(b) defraying the costs incurred by the authority—
(i) under subsection (5) (b), (9) or (11), as the case may be, and
(ii) in the performance of its functions under this section relating to management of the apartment complex support fund.
(14) All other moneys standing to the credit of the apartment complex support fund shall be paid into the investment account.
(15) Whenever the moneys in the current account are insufficient to meet the liabilities of the apartment complex support fund specified in subsection (13), there shall be paid into that account from the investment account the moneys that are necessary to meet those liabilities.
(16) Moneys in the investment account that are not required to meet current and prospective liabilities of that account shall be invested and the investments shall be realised or varied from time to time as occasion requires and the proceeds of any such realisation, and any dividends or other payments received in respect of moneys invested under this paragraph, shall be paid into the investment account or invested under this subsection.
(17) An investment under subsection (16) shall be invested in the State and in the currency of the State—
(a) in the securities (other than shares in a company) that the housing authority considers appropriate, or
(b) by way of deposit of moneys with any credit institution, or the investment of moneys in short term financial products, such as certificates of deposit or commercial paper, issued by any person.
num: 71
paragraphs: — (1) Where there is a dispute between the housing authority and the management company on any matter relating to a demand for repayment under section 70 (10), which is subsequently resolved by agreement in writing between the housing authority and the management company, repayment of the amount concerned or any revised amount shall be made by the management company not later than 2 months after the date of the agreement.
(2) Where there is a dispute between the housing authority and the management company relating to the demand for repayment under section 70 (10) in respect of a breach of a condition attached under section 70 (7) (b) to its agreement to transfer moneys under section 70 (4), subject to the agreement of the parties in writing, the dispute may be resolved by the management company agreeing to carry out, at its expense, such additional works as are agreed by the parties to be necessary to secure compliance with the condition concerned.
(3) Where there is a dispute between the housing authority and the management company on any matter or matters relating to the demand for repayment under section 70 (10), which cannot be resolved to the satisfaction of both parties, the matter shall be determined by conciliation procedures agreed between both parties or, in default of such agreement, by arbitration under the Arbitration Acts 1954 to 1998.
num: 72
paragraphs: — (1) A management company shall keep all proper and usual books or other accounts of—
(a) all moneys received or expended by it, and
(b) all property, assets and liabilities of the management company,
including an income and expenditure account and a balance sheet.
(2) Without prejudice to the generality of subsection (1), a management company shall establish, operate and maintain financial systems, accounts, reporting and record keeping procedures, including the preparation of annual financial statements, which are based on generally accepted accounting principles and practices.
(3) A management company shall—
(a) submit to the housing authority concerned a copy of its annual audited accounts no later than 4 months after the end of each financial year of the management company to which the accounts relate, and
(b) on the request of any member, provide a copy of those accounts at a price not exceeding the reasonable cost of reproduction.
(4) Subsection (3) (a) shall cease to apply in respect of the financial year following the financial year in which the sale of an apartment results in the total number of all apartments in the designated apartment complex that are sold exceeding by one the total number, divided by 2, of apartments (including any community apartment) in the designated apartment complex, rounded up to the nearest whole number, as appropriate.
num: 73
paragraphs: — (1) In this section “ specified body ” means—
(a) the housing authority which transferred ownership of the designated apartment complex to the management company under an apartment complex transfer order,
(b) a company referred to in subsection (6), or
(c) an approved body.
(2) Subject to subsection (3), a management company and a specified body may enter into an agreement (in this Part referred to as a “ property services agreement ”) for the purposes of the provision of such property management services, as may be specified in the agreement, to the management company in respect of the designated apartment complex.
(3) In the case of a property services agreement between a management company and a housing authority the agreement shall be for such period not exceeding 5 years from the date of the first sale of an apartment to the tenant thereof under this Part in the designated apartment complex concerned.
num: 74
paragraphs: — (1) As soon as practicable after an apartment is sold to an apartment purchaser under this Part, the housing authority shall, subject to such regulations as may be made under section 77 , make an order (in this Part referred to as a “ charging order ”), in the prescribed form, charging the apartment in the terms specified in this section for the period specified in the order (in this Part referred to as the “ charged period ”).
(2) The charging order shall create a charge in favour of the housing authority in respect of an undivided percentage share (in this Part referred to as the “ charged share ”), calculated in accordance with subsection (3), in the apartment which charged share shall be reduced in accordance with subsection (4).
(3) The charged share is calculated in accordance with the following formula:
Y x 100
Z
where—
(a) Y is the difference between the purchase price of the apartment at the time of sale to the apartment purchaser and the purchase money, and
(b) Z is the purchase price of the apartment at the time of sale to the apartment purchaser.
(4) (a) Subject to paragraph (b) and section 75 , the charged share shall be reduced in equal proportions (referred to in this section as “ incremental releases ”) applied annually on the anniversary of the date of the apartment assignment order in respect of each complete year after that date during which an apartment purchaser or a member of his or her household has been in occupation of the apartment as his or her normal place of residence, until the earlier of—
(i) subject to section 76 , the first resale of the apartment, or
(ii) subject to section 75 , the expiration of the charged period.
(b) The reduction of the charged share for the period of 5 years from the date of the apartment assignment order shall be cumulative and shall not apply until the expiration of that period, provided the apartment purchaser or a member of his or her household has been in occupation of the apartment as his or her normal place of residence for that period.
(5) The housing authority shall, at any time where requested by the apartment purchaser, give a statement in writing in the prescribed form, to the apartment purchaser indicating the accumulated amount of incremental releases that have been applied under the charging order.
(6) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the apartment, in favour of the housing authority for a charge in the terms provided for in this section.
(7) Accordingly, the housing authority shall, as on and from the making of the charging order—
(a) be deemed to be a mortgagee of the apartment for the purposes of the Conveyancing Acts 1881 to 1911, and
(b) have, in relation to the charge referred to in subsection (8), all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(8) Where a housing authority makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 74 (2) of the Housing (Miscellaneous Provisions) Act 2009.
(9) A charging order affecting an apartment which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.
(10) A housing authority may, subject to subsection (11), enter into an agreement with a holder of a licence under the Central Bank Act 1971 , a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.
(11) A housing authority may only enter into an agreement referred to in subsection (10) if it considers that the agreement will—
(a) enable a tenant to whom it is proposing to sell an apartment under this Part to obtain an advance of moneys from the holder, society or institution referred to in subsection (10) for the purposes of purchasing the apartment, or
(b) enable an apartment purchaser—
(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (10), or
(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (10), for any purpose.
(12) Any amount that becomes payable to a housing authority under section 75 or 76 , as the case may be, may, without prejudice to any other power in that behalf, be recovered by the housing authority from the person concerned as a simple contract debt in any court of competent jurisdiction.
(13) For the avoidance of doubt, neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 .
(14) (a) On the occurrence of the earlier of the events specified in subsection (4)(a) and subject to the terms and conditions of the apartment assignment order and of the charging order having been complied with, the housing authority shall, where requested to do so by the apartment purchaser, execute a deed of discharge in respect of the charging order.
(b) The housing authority shall be liable for any expenses incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by an apartment purchaser under this section or under section 75 or 76 .
num: 75
paragraphs: — (1) A housing authority may suspend the reduction of the charged share provided for under section 74 in respect of any year ending on the anniversary of the apartment assignment order, where the apartment purchaser fails to comply with any of the terms and conditions of the apartment assignment order.
(2) Where the housing authority suspends the reduction of the charged share under subsection (1), the charged share on the property shall be calculated in accordance with the following formula:
Y x 100 - R
Z
where—
(a) Y is the difference between the purchase price of the apartment at the time of sale to the apartment purchaser and the purchase money,
(b) Z is the purchase price of the apartment at the time of sale to the apartment purchaser, and
(c) R is the portion of the charged share that has been released in accordance with this subsection.
(3) (a) Where a housing authority has suspended the reduction of the charged share under subsection (1), the housing authority shall, as soon as practicable thereafter, notify the apartment purchaser in writing of the suspension and the reasons for the suspension.
(b) The housing authority shall, on the expiration of the charged period, give a statement to the apartment purchaser in writing, in the prescribed form, indicating the amount of the charge outstanding under the charging order on the date of expiration of the charged period, which amount shall be expressed as a percentage of the market value of the apartment, equivalent to the charged share of the housing authority in the apartment on that date calculated in accordance with subsection (2).
(4) (a) The apartment purchaser shall, within 2 months of receipt of the statement referred to in subsection (3), pay to the housing authority the amount set out in the statement.
(b) Where the apartment purchaser fails to pay the amount referred to in paragraph (a), section 74 (12) applies.
(5) For the purposes of this section, “ market value ” means the price for which an apartment might reasonably be expected to be sold on the date of expiration of the charged period, in its existing state of repair and condition and not subject to the conditions specified in section 64 (5) or to a charging order.
(6) (a) For the purposes of this section, the market value of an apartment shall be determined by the housing authority or, where the apartment purchaser does not agree with the market value so determined, by an independent valuer nominated by the apartment purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 77 .
(b) The housing authority shall not be liable for any expenses incurred by an apartment purchaser under paragraph (a).
num: 76
paragraphs: — (1) In this section references to an apartment purchaser shall not include a person in whom there subsequently becomes vested, for valuable consideration, the interest of the apartment purchaser or the successor in title of that person and the personal representative of that person or successor in title.
(2) Where an apartment purchaser proposes to sell an apartment during the charged period, he or she shall give prior written notice to the housing authority in accordance with the terms and conditions specified in the apartment assignment order.
(3) Upon receipt of a notice referred to in subsection (2), the housing authority may purchase the apartment for a sum equivalent to its current market value, reduced by an amount equal to that proportion of the current market value of the apartment corresponding to the charged share in the apartment on the date of resale.
(4) Without prejudice to any other power in that behalf, a housing authority may refuse to consent to the sale to any person of the apartment where the housing authority is of the opinion that—
(a) the proposed sale price is less than the current market value,
(b) the said person is or was engaged in anti-social behaviour or the sale would not be in the interest of good estate management, or
(c) the intended sale would, if completed, leave the vendor or any person who might reasonably be expected to reside with him or her without adequate housing.
(5) Where an apartment purchaser resells an apartment to a person other than a housing authority during the charged period the apartment purchaser shall pay to the housing authority an amount equal to a percentage of the current market value, such percentage being the equivalent of the charged share of the authority in the apartment on the date of resale of the apartment.
(6) Where the amount payable under any of the provisions of this section would reduce the proceeds of the sale (disregarding solicitor and estate agent’s costs and fees) below the purchase money, the amount payable under the charging order shall be reduced to the extent necessary to avoid that result.
(7) Where a purchaser resells an apartment which is subject to a charging order the charged period of which has expired and in respect of which the amount referred to in section 75 (3) has not been paid in accordance with that section, section 74 (12) applies.
(8) (a) For the purposes of this section, the current market value of an apartment shall be determined by the housing authority or, where the vendor does not agree with the current market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 77 .
(b) The housing authority shall not be liable for any expenses incurred by a vendor under paragraph (a).
num: 77
paragraphs: — The Minister may make regulations for the purposes of this Part in relation to all or any one or more of the following:
(a) the class or classes of apartment that are excluded from sale under this Part;
(b) the minimum period for which a person must be a tenant for the purposes of making an application to purchase an apartment under this Part, which period shall not in any case be less than one year before the date of the making of such application;
(c) the method for determining the purchase price;
(d) the method for determining the purchase money, taking account of the financial circumstances of tenants to whom apartment may be sold;
(e) the method for determining the amount of a deposit to be paid by the apartment purchaser under section 64 (6) in respect of the purchase of an apartment under this Part;
(f) the form of, and terms and conditions to be specified in, an apartment complex transfer order, an apartment transfer order and an apartment assignment order;
(g) the form of a charging order;
(h) the determination of the minimum period, or the range within which a housing authority shall fix the minimum period, for which a charging order shall apply in respect of an apartment sold under this Part, which period shall not in any case be less than 20 years from the date of the apartment assignment order;
(i) the determination of the floor area of an apartment, for the purpose of section 67 (7);
(j) the proportion of the sum of the purchase price of each apartment in the designated apartment complex that a housing authority shall pay into the apartment complex support fund under section 70 (2) and the maximum amount that it shall pay into the fund under that provision;
(k) the form of the statement to be issued by a housing authority under section 74 (5) or 75 (3), as the case may be;
(l) the class or classes or description of person who are suitably qualified by reference to their qualifications and experience to determine the current market value or market value (within the meaning of section 75 ), as the case may be, of an apartment for any of the purposes of this Part.
num: 78
paragraphs: — (1) In this Part—
“ affordable dwelling ” has the meaning given to it by section 82 ;
“ Affordable Dwellings Fund ” has the meaning given to it in section 94 ;
“ affordable dwelling purchase arrangement ” has the meaning given to it by section 83 ;
“ charging order ” has the meaning given to it by section 86 ;
“ charged period ” has the meaning given to it by section 86 ;
“ direct sales agreement ” has the meaning given to it by section 80 ;
“ eligible household ” means a household assessed by a housing authority under section 84 as being eligible for an affordable dwelling purchase arrangement;
“ market value ”, in relation to an affordable dwelling, means the price for which the dwelling might reasonably be expected to be sold on the open market;
“ net market value ” means the market value reduced by an allowance equal to the amount of the market value attributable to material improvements;
“ open market dwelling ” has the meaning given to it by section 81 ;
“ Part V agreement ” has the meaning given to it by section 80 ;
“ purchase money ”, in relation to an affordable dwelling, means the monetary value of the proportion of the purchase price of the dwelling fixed by the housing authority as the proportion that is required to be paid by an eligible household to purchase the dwelling under an affordable dwelling purchase arrangement;
“ purchaser ” means a person who purchases an affordable dwelling under an affordable dwelling purchase arrangement and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the purchaser or his or her successor in title and the personal representative of that person or successor in title;
“ scheme of priority ” has the meaning given to it by section 85 .
(2) In this Part save where the context otherwise requires, a reference to a transfer of ownership shall be construed as a reference to a deed of transfer, conveyance or assignment.
(3) (a) Material improvements to an apartment shall not be taken into account for any of the purposes of this Part.
(b) In this subsection “ apartment ” means a separate and self-contained dwelling in a premises, divided into 2 or more such apartments, which requires arrangements for the upkeep and management of all or any part of the common areas, structures, works or services other than by the purchaser.
num: 79
paragraphs: — (1) A housing authority may make dwellings available for the purpose of sale to eligible households under affordable dwelling purchase arrangements and may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, acquire, build or cause to be built, or otherwise provide or facilitate the provision of, dwellings for that purpose.
(2) A housing authority may, for the purposes of subsection (1), enter into—
(a) arrangements with an approved body, or
(b) public private partnership arrangements.
(3) The Minister may, with the consent of the Minister for Finance, pay, out of moneys provided by the Oireachtas, a grant towards the cost of making dwellings available under this section to all or any of the following:
(a) a housing authority, in respect of dwellings made available by the authority or provided by an approved body or other person on behalf of the authority;
(b) the Affordable Homes Partnership (established pursuant to the Affordable Homes Partnership (Establishment) Order 2005 ( S.I. No. 383 of 2005 )), in respect of affordable dwellings acquired or provided by it on behalf of housing authorities;
(c) such other body, established by or under statute, as the Minister may prescribe by order for the purposes of this section whose functions include the provision of services to a housing authority in relation to the acquisition of dwellings.
(4) In performing its functions under subsection (1), a housing authority shall have regard to its housing services plan and the need to—
(a) counteract undue segregation in housing between persons of different social backgrounds, and
(b) ensure that a mixture of dwelling types and sizes is provided to reasonably match the requirements of eligible households.
num: 80
paragraphs: — (1) This section applies to the following persons—
(a) a person with whom the housing authority has a contract for the provision of dwellings for the purposes of section 79 ,
(b) a public private partnership with whom the housing authority has entered into an arrangement under section 79 (2) (b) for the provision of dwellings for the purposes of that section, and
(c) a person with whom the planning authority has entered into an agreement under section 96 (2) of Part V of the Planning and Development Act 2000 for the provision of dwellings referred to in section 94(4)(a) of that Act (in this Part referred to as a “ Part V agreement ”).
(2) A housing authority, pursuant to its functions under section 79 , or a planning authority, pursuant to its functions under Part V of the Planning and Development Act 2000 , may enter into an agreement (in this Part referred to as a “ direct sales agreement ”) with a person to whom this section applies for the direct sale, in accordance with this Part, of the dwellings specified in the agreement to eligible households nominated by the housing authority in accordance with a scheme of priority.
(3) A direct sales agreement shall provide that a person to whom this section applies may carry out any necessary transactions in relation to the direct sale, in accordance with this Part, of the dwellings specified in the agreement to eligible households, subject to the terms and conditions specified in subsection (4).
(4) The terms and conditions referred to in subsection (3)—
(a) shall include the following:
(i) that the sale price for each dwelling specified in the agreement shall be the purchase money;
(ii) that the dwellings specified in the agreement shall be sold directly to eligible households nominated by the housing authority in accordance with a scheme of priority;
(iii) terms and conditions relating to—
(I) arrangements for the completion of sales,
(II) notification of sales to the housing authority, and
(III) any other matters relating to the sale of the dwellings specified in the agreement to eligible households,
and
(b) may include such other terms and conditions relating to the transactions referred to in subsection (3) as may be prescribed for the purposes of affordable dwelling purchase arrangements.
(5) In the case of a Part V agreement, where the total amount due under a direct sales agreement to a person referred to in subsection (1) (c) is less than the amount due to such person under the Part V agreement, the amount of any such difference shall be paid by the housing authority to that person.
num: 81
paragraphs: — (1) A housing authority may, subject to the Housing Acts 1966 to 2009, and regulations made thereunder, provide financial assistance to an eligible household to purchase a dwelling (in this Part referred to as an “ open market dwelling ”) under an affordable dwelling purchase arrangement, subject to the dwelling being—
(a) available for purchase in the State, and
(b) of a class of dwelling prescribed under section 95 (1) (a) for the purposes of this section.
(2) The amount of financial assistance which may be provided to an eligible household under this section in respect of the purchase of an open market dwelling—
(a) shall be the difference between the purchase money and the market value of the dwelling, and
(b) shall not exceed such maximum amount as the Minister may prescribe under section 95 (1) (d).
num: 82
paragraphs: — This Part applies to the following dwellings (in this Part referred to as “ affordable dwellings ”):
(a) dwellings made available by a housing authority under section 79 ;
(b) dwellings to which a Part V agreement applies, including dwellings made available for sale under such an agreement but not yet sold before the coming into operation of this Part;
(c) dwellings made available for sale in accordance with Part 2 of the Act of 2002 but not yet sold before the coming into operation of this Part and section 7 (in so far as it applies to the said Act);
(d) open market dwellings.
num: 83
paragraphs: — (1) A housing authority may, in accordance with this Part and the Housing Acts 1966 to 2004 and subject to such regulations as may be made under section 95 , enter into an arrangement (in this Part referred to as an “ affordable dwelling purchase arrangement ”) for the sale of an affordable dwelling under this Part to an eligible household in accordance with a scheme of priority.
(2) The arrangements referred to in subsection (1) are as follows:
(a) in the case of an affordable dwelling which is the subject of a direct sales agreement, in consideration of the receipt of the purchase money specified in the agreement, the dwelling may be sold to an eligible household in accordance with and subject to the terms and conditions specified in subsection (3), the terms and conditions of a charging order and such other terms and conditions as may be prescribed for the purposes of affordable dwelling purchase arrangements;
(b) in the case of an affordable dwelling referred to in section 82 (a), (b), or (c), in consideration of the receipt by the housing authority of the purchase money, the housing authority shall transfer its ownership in the dwelling by means of an order (in this Part referred to as a “ transfer order ”), in the prescribed form, made by the housing authority which shall be expressed and shall operate to vest, on the date specified in the transfer order, the interest specified in the order, in accordance with and subject to the terms and conditions specified in subsection (3), the terms and conditions of a charging order and such other terms and conditions as may be prescribed for the purposes of affordable dwelling purchase arrangements;
(c) in the case of an open market dwelling, the provision by the housing authority of financial assistance under section 81 to an eligible household to purchase the dwelling subject to the terms and conditions specified in subsection (3), the terms and conditions of a charging order and such other terms and conditions as may be prescribed for the purposes of affordable dwelling purchase arrangements.
(3) The terms and conditions referred to in subsection (2)—
(a) shall include the following:
(i) that where the purchaser sells the dwelling during the charged period, the purchaser shall pay to the housing authority an amount calculated in accordance with section 90 ;
(ii) that the dwelling shall, during the charged period, unless the housing authority gives its prior written consent, be occupied as the normal place of residence of the purchaser or of a member of the purchaser’s household;
(iii) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority, be let or sublet;
(iv) terms and conditions relating to the making of payments under section 87 , 89 or 90 , as the case may be, and the consequences for the purchaser of failure to make those payments,
and
(b) may include the following:
(i) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority, be sold, assigned or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of the law;
(ii) terms and conditions relating to the payment by the eligible household of a deposit of such amount as may be prescribed under section 95 (1) (e) (ii).
(4) Save as provided for by any other enactment or regulations made thereunder, the sale of a dwelling under an affordable dwelling purchase arrangement referred to in subsection (2) (a) shall not imply any warranty on the part of the housing authority concerned in relation to the state of repair or condition of the dwelling or its fitness for human habitation.
(5) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under an affordable dwelling purchase arrangement.
(6) Nothing in this Part shall preclude a housing authority from making a loan under section 11 of the Act of 1992 to an eligible household for any of the purposes of this Part.
num: 84
paragraphs: — (1) A reference in this section to a household shall be read as including a reference to 2 or more persons who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.
(2) Where a household applies to a housing authority to purchase an affordable dwelling under an affordable dwelling purchase arrangement, the housing authority shall, subject to and in accordance with this section and any regulations made under this section and section 95 , carry out an assessment of the household’s eligibility for an affordable dwelling purchase arrangement taking account of the following:
(a) the accommodation needs of the household, having regard to, but not necessarily limited to the following—
(i) the current housing circumstances of the household,
(ii) the distance of such preferred location or locations as the household may indicate in its application from the place of employment of any member of the household, and
(iii) whether any members of the household are attending any university, college, school or other educational establishment in the administrative area concerned;
(b) subject to subsection (3), whether the income of the household is adequate to meet the repayments on a mortgage for the purchase of a dwelling to meet the accommodation needs of the household because the payments calculated over the course of a year would exceed 35 per cent of the annual income of the household net of income tax and pay related social insurance;
(c) subject to subsections (4) and (5), whether the household or any household member has previously purchased or built a dwelling for his or her occupation or for any other purpose in the State;
(d) subject to subsections (4) and (5), whether the household or any household member either owns, or is beneficially entitled to, an interest in any dwelling or land in the State or elsewhere.
(3) For the purposes of subsection (2) (b), any other assets of the household which could be used to defray all or any part of the cost of providing accommodation to meet the accommodation needs of the household shall be taken into account.
(4) Where the household making an application for the purposes of this section, or any member of the household, was a spouse to a marriage the subject of a deed of separation, a decree of judicial separation, a decree of divorce or a decree of nullity, subsection (2) (c) shall not apply, provided that, in relation to the former family home (within the meaning of the Family Home Protection Act 1976 ), the spouse concerned—
(a) has not retained an interest in that home, and
(b) immediately before the date of the deed of separation or decree concerned is not beneficially entitled to an interest in a dwelling other than the said family home.
(5) Where, having regard to its accomodation needs referred to in subsection (2) (a), a household requires to relocate to either a different dwelling or administrative area or both, subsection (2) (c) shall not render the household ineligible for an affordable home purchase arrangement where the household—
(a) has previously purchased a dwelling under an affordable dwelling purchase arrangement, or
(b) before the coming into operation of this Part, purchased a dwelling referred to in section 82 (b) or (c).
(6) For the purposes of subsection (2) (b), “ mortgage ” means a loan (other than a loan made for the purposes of the purchase of an affordable dwelling referred to in section 82 (d)) for the purchase of a dwelling secured by a mortgage in an amount not exceeding 90 per cent of the market value of the dwelling.
(7) The Minister may make regulations providing for the means by which the eligibility of households for an affordable dwelling purchase arrangement shall be assessed including, but not necessarily limited to, the following:
(a) the procedures to be applied by a housing authority for the purposes of assessing a household’s eligibility by reference to income and other financial circumstances having regard to subsections (2) (b), (3), (4) and (5);
(b) having regard to the different classes of household in the administrative area concerned and the different classes of dwellings purchased by first-time purchasers in that administrative area and the average market value of those dwellings, the methodology according to which the housing authority shall determine, for the purposes of subsection (2) (b), the purchase price of a dwelling suitable to a household’s accommodation needs;
(c) the availability to the household of alternative accommodation that would meet its accommodation needs;
(d) any affordable dwelling or other housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making an assessment of eligibility under this section.
num: 85
paragraphs: — (1) A housing authority shall, not later than one year after the coming into operation of this Part, in accordance with this section and regulations made thereunder, make a scheme (in this Part referred to as a “ scheme of priority ”) determining the order of priority to be accorded to eligible households in relation to—
(a) the sale of affordable dwellings referred to in section 82 (a), (b) and (c) where the demand for such dwellings exceeds the number of such dwellings available for the purposes of this Part, and
(b) the provision of financial assistance under section 81 to eligible households to purchase open market dwellings where the demand for such financial assistance exceeds the financial resources available to the housing authority to provide such assistance.
(2) The Minister may make regulations providing for the matters to be included in a scheme of priority, including the following:
(a) the manner in which affordable dwellings are made available or, in the case of open market dwellings, financial assistance is provided under section 81 to different classes of eligible households including—
(i) the nomination of eligible households to dwellings the subject of a direct sales agreement, and
(ii) the determination of the suitability of the dwellings by reference to size and location, having regard to the circumstances of eligible households, including but not necessarily limited to, family and financial circumstances;
(b) the classification of eligible households for the purposes of subsection (3);
(c) the order of priority in accordance with which affordable dwellings are sold or, in the case of open market dwellings, financial assistance is provided under section 81 to eligible households, including the priority as between eligible households who fall within the same classification referred to in paragraph (b), taking account of—
(i) the period that has elapsed since the eligibility of the household was assessed under section 84 for an affordable dwelling purchase arrangement,
(ii) any preferences of the eligible household in respect of the type of dwelling and its location,
(iii) the income or other financial circumstances of the eligible household, and
(iv) the period for which the eligible household has resided in the administrative area of the housing authority;
(d) such other matters as the Minister considers necessary and appropriate for the purposes of making a scheme of priority.
(3) To facilitate the sale of affordable dwellings under this Part or, in the case of open market dwellings, the provision of financial assistance under section 81 to eligible households, a scheme of priority shall provide for the classification of eligible households of similar circumstances by reference to the order of priority established in accordance with regulations made for the purposes of subsection (2) (c).
(4) A housing authority may from time to time review a scheme of priority and, as it considers necessary and appropriate, amend the scheme or make a new scheme.
(5) The making of a scheme of priority or the amendment of such a scheme are reserved functions.
(6) The sale of affordable dwellings to eligible households under this Part and, in the case of open market dwellings, the provision of financial assistance under section 81 to eligible households are executive functions.
(7) Notwithstanding the repeal by this Act of section 98 of the Planning and Development Act 2000 and section 8 of the Act of 2002, a scheme established under the said section 98 or the said section 8, as the case may be, and in force immediately before the coming into operation of this Part continues to have effect after such coming into operation and is deemed to have been made under this section until a scheme of priority made under this section comes into force.
(8) A housing authority shall make a copy of its scheme of priority available for inspection by members of the public, without charge, on the Internet and at its offices and such other places, as it considers appropriate, during normal working hours.
(9) Before making or amending a scheme of priority, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.
(10) The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend a scheme of priority, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.
num: 86
paragraphs: — (1) As soon as practicable after an affordable dwelling is sold to an eligible household under an affordable dwelling purchase arrangement, the housing authority shall, subject to such regulations as may be made under section 95 , make an order (in this Part referred to as a “ charging order ”) charging the dwelling in the terms specified in this section for the period specified in the order (in this Part referred to as the “ charged period ”) with an amount that shall be expressed in the order in the following terms.
(2) The terms referred to in subsection (1) are that the amount charged is—
(a) an amount equal to the difference between the purchase money and the market value of the dwelling, or
(b) in the case of an open market dwelling, the amount of financial assistance provided under section 81 to the eligible household,
expressed as a percentage of the market value calculated in accordance with the following formula:
Yx100
Z
where—
(i) Y is—
(I) the difference between the purchase money and the market value of the dwelling, or
(II) the financial assistance provided under section 81 to the eligible household,
as the case may be, and
(ii) Z is the market value of the dwelling at the time of sale to the purchaser.
(3) A charge under subsection (1) shall be discharged by the housing authority on the earlier of—
(a) subject to section 90 , the first resale of the dwelling, or
(b) subject to section 87 , the repayment in full of the amount of the charge outstanding under the charging order, or
(c) subject to section 89 , the expiration of the charged period.
num: 87
paragraphs: — (1) A purchaser of a dwelling under an affordable dwelling purchase arrangement which is subject to a charging order may, subject to subsection (3), at any time or times after the fifth anniversary of the date of sale of the dwelling to the purchaser but during the charged period, make a payment or payments to the housing authority concerned.
(2) Where a purchaser makes a payment under this section the amount of the charge outstanding under the charging order shall be reduced accordingly in the manner specified in subsection (5).
(3) A payment made under this section shall not be less than the amount prescribed for the purposes of this section.
(4) A purchaser who proposes to make a payment under this section shall notify the housing authority in writing in the prescribed form specifying the amount of the proposed payment.
(5) As soon as practicable but not later than one month after receipt of a notification under subsection (4), the housing authority shall give a written statement to the purchaser—
(a) setting out the market value or, where material improvements have been carried out, the net market value of the dwelling, determined by the housing authority, such valuation being taken as the prevailing market value or prevailing net market value for the purposes of paragraph (c),
(b) advising the purchaser whether the condition specified in subsection (3) is satisfied, and
(c) where the condition specified in subsection (3) is satisfied and taking account of the amount of the proposed payment, setting out the amount of the charge which shall remain outstanding under the charging order following such payment, which amount shall be calculated in accordance with the following formula:
Y-Z%
where—
(i) Y is the amount of the charge specified in the charging order or in any previous statement given under this subsection, and
(ii) Z is the percentage which the sum paid under subsection (1) represents of the prevailing market value of the dwelling or, where material improvements have been made to the dwelling by the purchaser, the prevailing net market value of the dwelling, referred to in paragraph (a).
(6) The statement given under subsection (5) is valid for 3 months from the date thereof and any payment made after the expiry of that period pursuant to that statement shall be treated as a new notification under subsection (4) and this section shall apply to such notification accordingly.
(7) Where the housing authority receives a payment under this section from the purchaser which is equivalent to the amount of the charge outstanding under the charging order, the housing authority shall discharge the charge.
(8) Subject to section 92 , where a payment is made under this section, the housing authority shall be liable for any expenses, including in respect of the valuation of the dwelling, incurred under this section.
num: 88
paragraphs: — (1) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the dwelling, in favour of the housing authority, for a charge in the terms provided for in section 86 .
(2) Accordingly, the housing authority shall, as and from the making of the charging order, as the case may be—
(a) be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and
(b) have, in relation to the charge referred to in subsection (1), all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(3) Where a housing authority makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 86 of the Housing (Miscellaneous Provisions) Act 2009.
(4) A charging order affecting a dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.
(5) A housing authority may, subject to subsection (6), enter into an agreement with a holder of a licence under the Central Bank Act 1971 , a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.
(6) A housing authority may only enter into an agreement referred to in subsection (5) if it considers that the agreement will—
(a) enable an eligible household with whom it is proposing to enter into an affordable dwelling purchase arrangement to obtain an advance of moneys from the holder, society or institution referred to in subsection (5) for the purposes of purchasing the dwelling, or
(b) enable a purchaser—
(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (5), or
(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (5), for any purpose.
(7) For the avoidance of doubt, neither a charging order nor a charge that arises under a charging order shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 .
num: 89
paragraphs: — (1) Subject to subsection (2), within 1 month of the expiration of the charged period, the purchaser shall pay to the housing authority an amount equal to the amount of the charge outstanding under the charging order on the date of expiration of the charged period.
(2) Where material improvements have been made to the dwelling, the purchaser shall pay to the housing authority an amount equal to that proportion of the net market value of the dwelling as corresponds to the amount of the charge outstanding under the charging order on the date of expiration of the charged period.
(3) Where the purchaser fails to pay the amount referred to in subsection (1) or (2), as appropriate, section 91 applies.
num: 90
paragraphs: — (1) Where, before the expiration of the charged period, a purchaser resells a dwelling which is subject to a charging order which has not been discharged, the purchaser shall pay to the housing authority an amount equal to a percentage of the market value, such percentage being the equivalent of the amount of the charge outstanding under the charging order.
(2) Where material improvements have been made to a dwelling referred to in subsection (1), the purchaser shall pay to the housing authority an amount equal to that proportion of the net market value of the dwelling as corresponds to the amount of the charge outstanding under the charging order.
(3) (a) Subject to paragraph (b), where a purchaser resells a dwelling which is subject to a charging order which has expired and in respect of which the amount referred to in section 89 (1) or (2), as appropriate, has not been paid in accordance with that section, section 91 applies.
(b) No account shall be taken of any material improvements made to the dwelling after the expiration of the charged period.
num: 91
paragraphs: — Any amount that becomes payable to a housing authority under section 89 or 90 , as the case may be, may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.
num: 92
paragraphs: — (1) For the purposes of sections 86 , 87 , 89 and 90 , the market value of the dwelling concerned shall be determined by the housing authority or, where the purchaser does not agree with the market value so determined, by an independent valuer nominated by the purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 95 .
(2) The housing authority shall not be liable for any expenses incurred under subsection (1) by a purchaser.
num: 93
paragraphs: — (1) Subject to sections 86 to 91 and the terms and conditions of the affordable dwelling purchase arrangement and of the charging order having been complied with, the housing authority shall, where requested to do so by the purchaser, execute a deed of discharge in respect of the charging order.
(2) The housing authority shall be liable for such expenses as may be incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by a purchaser for the purposes of this section.
num: 94
paragraphs: — (1) There shall stand established, on the coming into operation of this Part, a fund to be known and in this Act referred to as the Affordable Dwellings Fund (in this section referred to as the “Fund” ).
(2) Housing authorities shall pay into the Fund—
(a) any moneys paid by purchasers pursuant to section 87 , 89 , 90 or 91 ,
(b) in the case of dwellings purchased under section 3 of the Act of 1992 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act and the Act of 2002), any moneys paid in accordance with section 10 of the Act of 2002 before the said coming into operation,
(c) any moneys paid in accordance with section 99 (4) of the Planning and Development Act 2000 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act), and
(d) in the case of dwellings purchased under Part 2 of the Act of 2002 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act), any moneys paid in accordance with section 9 of that Act before the said coming into operation.
(3) A housing authority may make payments into the Fund from an account established pursuant to section 96 (12) of the Planning and Development Act 2000 .
(4) The Minister may, out of moneys provided by the Oireachtas, pay into the Fund in any financial year such amount as he or she determines, with the consent of the Minister for Finance, in relation to that year.
(5) Subject to and in accordance with the Housing Finance Agency Act 1981 and subsection (6)—
(a) the Housing Finance Agency plc shall manage and control the Fund,
(b) any moneys in the Fund shall be accounted for in a separate account of the Housing Finance Agency plc, and
(c) the Housing Finance Agency plc may advance moneys from the Fund to housing authorities for the purposes of providing housing support under this Act.
(6) The accounts of the Fund shall be in such form and prepared in such manner as the Minister may determine and shall—
(a) be prepared separately from any other accounts of the Housing Finance Agency plc, and
(b) shall comprise—
(i) a balance sheet as at the end of the accounting year duly audited by the auditor of the Housing Finance Agency plc, and
(ii) an income and expenditure account for the accounting year so audited.
(7) The Housing Finance Agency plc shall, where the Minister so requests, provide an estimate of the projected income of and expenditure from the Fund for such period as the Minister may specify in the request.
(8) Where, taking account of any estimate that may be provided under subsection (7), the Minister is satisfied that the amount of moneys in the Fund exceeds the amount required to meet the costs to the Housing Finance Agency plc of borrowing money, in accordance with section 10 of the Housing Finance Agency Act 1981 , the Minister may distribute any surplus funds to housing authorities for the purposes specified in subsection (5)(c).
(9) The administrative costs incurred by the Housing Finance Agency plc in the management of the Fund shall be met from the Fund.
num: 95
paragraphs: — (1) The Minister may make regulations in relation to all or any one or more of the following:
(a) the class or classes of dwelling in respect of which financial assistance may be provided to eligible households for the purposes of section 81 ;
(b) subject to section 84 , the class or classes of households with whom affordable dwelling purchase arrangements may be entered into;
(c) the minimum and maximum of the amount which may be charged under a charging order, the maximum of which shall not in any case exceed 40 per cent of the market value of the dwelling concerned;
(d) the maximum amount of the financial assistance which may be provided under section 81 to an eligible household to purchase an open market dwelling under an affordable dwelling purchase arrangement;
(e) the form and manner of, and the terms and conditions to be specified in, affordable dwelling purchase arrangements, including the following—
(i) the provision of mortgage protection insurance, and
(ii) the minimum deposit payable by the household in respect of the purchase of an affordable dwelling;
(f) the form of a transfer order;
(g) the form and content of a charging order;
(h) the determination of the minimum charged period, or the range within which a housing authority shall fix the minimum charged period, which shall not in any case be less than 25 years from the date of sale;
(i) subject to subsection (2), the amount to be prescribed in respect of a payment under section 87 ;
(j) the form and manner in which a purchaser shall notify a housing authority of his or her proposal to make a payment under section 87 ;
(k) the class or classes or description of person who are suitably qualified by reference to their qualifications and experience to determine the market value of a dwelling for any of the purposes of this Part;
(l) such other matters as the Minister considers necessary and appropriate relating to the provision of affordable dwellings or affordable dwelling purchase arrangements.
(2) For the purposes of subsection (1) (i), the Minister may prescribe an amount or a percentage of the market value of the dwelling at the time of the payment under section 87 .
num: 96
paragraphs: — (1) Where a household has applied for affordable housing under Part 2 of the Act of 2002 or Part V of the Planning and Development Act 2000 before the coming into operation of this Part, section 7 (in so far as it applies to the Act of 2002 or the Planning and Development Act 2000, as the case may be) and section 8 (in so far as it applies to the Planning and Development Act 2000 ), and a decision has not been made to allocate a dwelling or site before the said coming into operation, the household shall, on the said coming into operation, be deemed to have applied to purchase an affordable dwelling under an affordable dwelling purchase arrangement and this Part shall apply accordingly with any necessary modifications.
(2) On the coming into operation of this Part, a housing authority shall notify in writing each household referred to in subsection (1) that it considers their application for affordable housing to be an application to purchase an affordable dwelling under an affordable dwelling purchase arrangement, and any such household is required to notify the housing authority in writing within 3 months of the date of such notification where the household does not wish to proceed with the application concerned on that basis.
(3) Where a household applies to a housing authority in respect of the grant of a shared ownership lease under section 3 of the Act of 1992 before the coming into operation of this Part and section 7 (in so far as it applies to the Act of 1992) and a decision to grant the lease has not been made by the housing authority before the said coming into operation, the household shall, on the said coming into operation, be deemed to have applied to purchase an open market dwelling under an affordable dwelling purchase arrangement and this Part shall apply accordingly with any necessary modifications.
(4) On the coming into operation of this Part, a housing authority shall notify in writing each household referred to in subsection (3) that it considers their application for the grant of a shared ownership lease under section 3 of the Act of 1992 to be an application to purchase an open market dwelling under an affordable dwelling purchase arrangement, and any such household is required to notify the housing authority in writing within 3 months of the date of such notification where the household does not wish to proceed with the application concerned on that basis.
(5) Not withstanding the repeal by section 7 of sections 2, 3 and 9 of the Act of 1992 and section 10 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the Act of 1992 and the Act of 2002), continue to apply to a shared ownership leases granted under section 3 of the Act of 1992 before the said coming into operation of section 7 as if section 7 had not come into operation.
(6) Notwithstanding the repeal by section 7 of sections 98 , 99 and 100 of the Planning and Development Act 2000 , those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable housing (within the meaning of that Act) sold or leased under section 98 of that Act before the said coming into operation of section 7 as if section 7 had not come into operation.
(7) Notwithstanding the repeal by section 7 of sections 6, 8 and 9 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable houses (within the meaning of that Act) sold before the said coming into operation of section 7 as if section 7 had not come into operation.
num: 97
paragraphs: — (1) In this section and section 98 —
“ market value ”, in relation to a site, means the price for which the unencumbered fee simple of the site might reasonably be expected to be sold on the open market;
“ qualified purchaser ” means a household which—
(a) has been assessed by a housing authority under section 20 as being qualified for social housing support, or
(b) is a tenant in a dwelling provided by—
(i) a housing authority under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 ,
(ii) a rental accommodation provider pursuant to a rental accommodation availability agreement, or
(iii) an approved body,
and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the qualified purchaser or his or her successor in title and the personal representative of that person or successor in title;
“ site ” means a site provided by a housing authority under section 57 of the Principal Act.
(2) The Minister may, with the consent of the Minister for Finance, and subject to such regulations as may be made for the purposes of this section, pay to a housing authority out of moneys provided by the Oireachtas a grant of such amount as the Minister may determine in respect of—
(a) the provision by the authority of a site to an approved body for—
(i) the erection, other than by or on behalf of a housing authority, of a dwelling or dwellings for the purposes of letting to households assessed under section 20 as being qualified for social housing support, or
(ii) the erection of a dwelling or dwellings for the purposes of sale to qualified purchasers,
or
(b) the provision of a site to a qualified purchaser.
(3) The amount of a grant payable by the Minister under subsection (2), may be used to defray all or any of the following costs incurred by the housing authority—
(a) site acquisition costs including loan interest and other related costs,
(b) costs of works necessary for or incidental to the development of the site for the purposes of the erection of the dwelling or dwellings, and
(c) professional, legal and any other costs incurred by the authority in relation to the provision of the site.
(4) The Minister may make regulations providing for, in particular, but without prejudice to the generality of subsection (2), all or any one or more of the following:
(a) the terms and conditions subject to which a grant may be made under this section, including terms and conditions relating to the ownership of a site provided by a housing authority to an approved body for the purposes specified in subsection (2) (a);
(b) the means of determining the purchase price of a site having regard to its market value;
(c) the range of the amount of the grant paid for the purposes of subsection (2) (a) (i), having regard to the location of the site and the type of dwelling to be erected on the site;
(d) the maximum grant payable for the purposes of paragraph (a) (ii) or (b) of subsection (2);
(e) requirements in relation to the payment of the grant including, but not necessarily limited to, terms and conditions relating to—
(i) the use of the dwelling as the qualified purchaser’s normal residence, and
(ii) repayments to a housing authority under section 98 ;
(f) requirements in relation to standards of construction and works.
num: 98
paragraphs: — (1) This section applies to a site provided by a housing authority to a qualified purchaser at a purchase price less than the market value.
(2) Where a site to which this section applies, including a site with a dwelling thereon, is first resold before the expiration of 20 years from the date of the sale of the site to a qualified purchaser, the vendor shall pay to the housing authority an amount equal to a percentage of the market value of the site only at the date of the resale, calculated in accordance with subsection (3).
(3) The percentage referred to in subsection (2) is calculated in accordance with the following formula—
Y x 100
Z
where—
(a) Y is the difference between the market value of the site at the date of the sale to the qualified purchaser and the price actually paid, and
(b) Z is the market value of the site at the date of the sale to the qualified purchaser.
(4) The amount payable under subsection (2) shall be reduced by 10 per cent in respect of each complete year after the tenth year during which the purchaser has been in possession of the site.
(5) Where the amount payable under subsection (2) would, if subtracted from the market value of the site at the date of its resale, result in an amount that is less than the price actually paid for the site, the amount payable shall be reduced to the extent necessary to avoid that result.
(6) As soon as practicable after a site to which this section applies is sold to a qualified purchaser, the housing authority shall make an order charging the site with an amount that shall be expressed in the order in the terms set out in subsection (7).
(7) The terms referred to in subsection (6) are that the amount charged is an amount equal to the amount (if any) that may subsequently become payable under subsection (2) in respect of the site.
(8) An order under subsection (6) shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the site to the qualified purchaser, in favour of the housing authority for a charge of the amount referred to in subsection (7).
(9) Accordingly, the housing authority shall, as on and from the making of such an order—
(a) be deemed to be a mortgagee of the site for the purposes of the Conveyancing Acts 1881 to 1911, and
(b) have in relation to the charge referred to in subsection (8), all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(10) Where a housing authority makes an order under subsection (6), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the amount in respect of which the charge to which the order relates is being registered to state that amount to be the amount referred to in section 98 (7) of the Housing (Miscellaneous Provisions) Act 2009.
(11) An order under subsection (6) affecting a site to which this section applies which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.
(12) A housing authority may, subject to subsection (13), enter into an agreement with a holder of a license under the Central Bank Act 1971 , a building society or other financial institution that a charge proposed to be created by it by an order under subsection (6) shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.
(13) A housing authority may only enter into an agreement referred to in subsection (12) if it considers that the agreement will—
(a) enable a qualified purchaser to whom it is proposing to sell a site to which this section applies to obtain an advance of moneys from the holder, society or institution referred to in subsection (12) for the purposes of purchasing the site, or
(b) enable a qualified purchaser who purchased a site to which this section applies—
(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (12), or
(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (12), for any purpose.
(14) Any amount that becomes payable to a housing authority under subsection (2) may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.
(15) For the avoidance of doubt, neither an order under subsection (6) nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 .
(16) For the purposes of this section, the current market value of a site to which this section applies shall be determined by the housing authority, or, where the vendor does not agree with the market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 49 .
(17) The housing authority shall not be liable for any expenses incurred by a vendor under subsection (16).
num: 99
paragraphs: — (1) This section applies to a grant paid to a person under article 5 of the Housing (Adaptation Grants for Older People and People with a Disability) Regulations 2007 ( S.I. No. 670 of 2007 ), for the purpose of providing additional accommodation, pursuant to an application received by a housing authority on or after such date as may be prescribed.
(2) (a) Where a dwelling in respect of which a grant was paid is sold before the expiration of 5 years from the date of payment of the grant, the vendor shall pay to the housing authority an amount equal to a percentage of the grant.
(b) The percentage referred to in paragraph (a) is—
(i) 85 per cent of the grant paid where less than one year has passed since the date of payment of the grant,
(ii) 70 per cent of the grant paid where one year or more but less than 2 years has passed since the date of payment of the grant,
(iii) 50 per cent of the grant paid where 2 years or more but less than 3 years has passed since the date of payment of the grant,
(iv) 35 per cent of the grant paid where 3 years or more but less than 4 years has passed since the date of payment of the grant, and
(v) 20 per cent of the grant paid where 4 years or more but less than 5 years has passed since the date of payment of the grant.
(3) As soon as practicable after the grant is paid to a person, the housing authority shall make an order charging the dwelling with an amount that shall be expressed in the order in the terms set out in subsection (4).
(4) The terms referred to in subsection (3) are that the amount charged is an amount equal to the amount (if any) that may subsequently become payable under subsection (2) in respect of the dwelling.
(5) An order under subsection (3) shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the making of the grant, in favour of the housing authority for a charge of the amount referred to in subsection (4).
(6) Accordingly, the housing authority shall, as on and from the making of an order under subsection (3)—
(a) be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and
(b) have, in relation to the charge referred to in subsection (5), all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(7) Where a housing authority makes an order under subsection (3), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the amount in respect of which the charge to which the order relates is being registered to state that amount to be the amount referred to in section 52 (4) of the Housing (Miscellaneous Provisions) Act 2009.
(8) An order under subsection (3) affecting a dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under that Act as the owner of the land.
(9) Any amount that becomes payable to a housing authority under subsection (2), may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.
(10) For the avoidance of doubt, neither an order under subsection (3) nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 .
num: 100
paragraphs: — (1) In this section “ Act of 2004” means the Residential Tenancies Act 2004 .
(2) Section 3 of the Act of 2004 is amended—
(a) in subsection (2)(c)(ii), by substituting “a household within the meaning of the Housing (Miscellaneous Provisions) Act 2009 assessed under section 20 of that Act as being qualified for social housing support” for “a person referred to in section 9 (2) of the Housing Act 1988 ”, and
(b) by inserting the following subsection:
“(3) Notwithstanding the definition of “ tenancy” in section 5(1), in this section a reference to a tenancy does not include a tenancy the term of which is more than 35 years.”.
(3) Section 12 of the Act of 2004 is amended—
(a) in subsection (1), by inserting the following after paragraph (b):
“(ba) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned,”,
(b) in subsection (4)(a), by substituting the following for subparagraph (i):
“(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or”,
and
(c) by substituting the following for subsection (4)(b):
“(b) where, at the date of the request for return or repayment, there is a default in—
(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or
(ii) compliance with section 16(f),
and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).”.
(4) Section 135 of the Act of 2004 is amended—
(a) by deleting subsection (2), and
(b) in subsection (5), by substituting “that the application is incomplete and invalid and shall return the application, any other information submitted with the application and any fee paid” for “of the omission concerned and afford him or her a reasonable opportunity to rectify the matter”.
(5) The Act of 2004 is amended by inserting the following section after section 147:
“Disclosure of certain information to Revenue Commissioners.
147A.— The Board shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue Commissioners is reasonably necessary for the performance by the Revenue Commissioners of their functions.”.
(6) The amendment provided for in subsection (2) (b) does not affect any matter referred to the Private Residential Tenancies Board for resolution under Part 6 of the Act of 2004 before the coming into operation of this section.