Housing (Miscellaneous Provisions) Act, 1931

Housing (Miscellaneous Provisions) Act, 1931 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1931 Housing (Miscellaneous Provisions) Act, 1931 Housing (Miscellaneous Provisions) Act, 1931 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 50 of 1931. HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title, construction and citation. 2. Definitions. 3. Construction of Act of 1890. 4. Repeal of enactments. PART II. HOUSING OF THE WORKING CLASSES. Unhealthy Areas. 5. Clearance areas. 6. Clearance orders. 7. Purchase by local authority of land surrounded by or adjoining clearance area. 8. Demolition of buildings under a clearance order. 9. Restriction of development of land in a clearance area. 10. Demolition of buildings on and disposal of land acquired by a local authority. 11. Power of local authority to purchase cleared land which owners have failed to redevelop. 12. Improvement areas. 13. Treatment of improvement area. 14. Preliminaries to passing of clearance or improvement resolution. 15. Provisions as to purchase of land. 16. Assessment of compensation in respect of land acquired compulsorily. 17. Validity and date of operation of clearance orders and compulsory purchase orders. 18. Extinguishment of ways easements, etc. PART III. HOUSING OF THE WORKING CLASSES. Unhealthy Dwelling Houses. 19. Power of local authority to require repair of insanitary house. 20. Enforcement of notice requiring execution of repairs. 21. Recovery of expenses of repair from occupier. 22. Power of local authority to let a vacant house in respect of which expenses are due. 23. Power of local authority to order demolition of insanitary house. 24. Underground room to be deemed to be a house unfit for human habitation. 25. Power of local authority to deal with part of building. 26. Procedure where demolition order or closing order made or undertaking given as to user of house. 27. Appeals. 28. Power of local authority to acquire and repair certain houses. PART IV. Miscellaneous Amendments of the Law Relating to the Housing of the Working Classes. 29. Duty of local authority to inspect their district. 30. Power of local authority to require information as to ownership of premises. 31. Conditions to be implied on letting of house for habitation. 32. Matters to be considered in determining a house to be unfit for human habitation. 33. Recovery of possession of buildings subject to a clearance or demolition order. 34. Recovery of possession of houses and buildings for purposes of enactments relating to the housing of the working classes. 35. Power of Circuit Court to determine lease where premises demolished. 36. Power of local authority to make allowances to certain persons displaced. 37. Acquisition of land for purposes of Part III of the Act of 1890. 38. Acquisition of land not immediately required for the purposes of Part III of the Act of 1890. 39. Acquisition of and compensation for derelict sites. 40. Powers in connection with provision of houses. 41. Power of entry on lands proposed to be acquired. 42. Power of entry on lands for survey, etc. 43. Town Commissioners to be a local authority for purposes of Parts I and II of the Act of 1890. 44. Power of Minister to obtain a report on any crowded area. 45. Power of Minister to prescribe forms, etc., and to dispense with advertisements and notices. 46. Penalty for preventing execution of repairs, etc. 47. Provisions with respect to official representations. 48. Remuneration of solicitors for business under the Housing of the Working Classes Acts. 49. Service of notices, etc. 50. Application of provisions of section 11 of the Labourers (Ireland) Act, 1906, amending the Lands Clauses Acts. 51. Miscellaneous amendments of the Housing (Ireland) Act, 1919. 52. Execution by local authorities of works under section 20 of the Housing (Ireland) Act, 1919. 53. Assessment of compensation in respect of existing houses acquired by a local authority. 54. Minor and consequential amendments of housing enactments. PART V. Labourers Cottages. 55. Increase of rate for purposes of Labourers (Ireland) Acts, 1883 to 1930. 56. Suspension of operation of section 15 of the Labourers (Ireland) Act, 1883. 57. Power of Commissioners of Public Works in Ireland to lend money for the purposes of the Labourers (Ireland) Acts, 1883 to 1930. 58. Power to acquire buildings for purposes of Labourers (Ireland) Acts, 1883 to 1930. PART VI. Acquisition of Small Dwellings. 59. Advances to persons intending to construct houses under the Small Dwellings Acquisition (Ireland) Acts, 1899 and 1919. 60. Increase of value of houses in respect of which advances may be made. PART VII. Amendments of the Housing Acts, 1925 to 1930. 61. Increase of aggregate amount of grants under Housing Acts, 1925 to 1930. 62. Extension of period for erection of houses by private persons. 63. Continuance of assistance to private persons erecting houses. PART VIII . Financial Provisions. 64. State contributions to expenses of provision of houses for the working classes. 65. Remission of rates on small dwelling houses. 66. Allocation of Irish Housing Fund. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. FOURTH SCHEDULE. FIFTH SCHEDULE. Acts Referred to Interpretation Act, 1923 No. 46 of 1923 Cork City Management Act, 1929 No. 1 of 1929 Local Government (Dublin) Act, 1930 No. 27 of 1930 Acquisition of Land (Reference Committee) Act, 1925 No. 22 of 1925 Courts of Justice Act, 1924 No. 10 of 1924 Housing Act, 1925 No. 12 of 1925 Housing Act, 1928 No. 31 of 1928 Housing Act, 1929 No. 12 of 1929 Housing Act, 1930 No. 22 of 1930 Local Government Act, 1927 No. 3 of 1927 Housing (Gaeltacht) Act, 1929 No. 41 of 1929 Number 50 of 1931. HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931. AN ACT TO MAKE BETTER PROVISION FOR THE CLEARANCE OF UNHEALTHY AREAS AND THE REPAIR AND DEMOLITION OF INSANITARY HOUSES; TO AMEND THE HOUSING OF THE WORKING CLASSES (IRELAND) ACTS, 1890 TO 1921; THE LABOURERS (IRELAND) ACTS, 1883 TO 1930; THE SMALL DWELLINGS ACQUISITION (IRELAND) ACTS, 1899 AND 1919, AND THE HOUSING ACTS, 1925 TO 1930; AND TO MAKE FURTHER PROVISION FOR THE FINANCIAL ASSISTANCE OF LOCAL AUTHORITIES AND OTHERS IN THE PROVISION OF HOUSING ACCOMMODATION UNDER THOSE ENACTMENTS AS AMENDED BY THIS ACT, AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID. [22nd December, 1931.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title, construction and citation. 1.—(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1931. (2) This Act in so far as it amends the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, the Labourers (Ireland) Acts, 1883 to 1930, the Small Dwellings Acquisition (Ireland) Acts, 1899 and 1919, and the Housing Acts, 1925 to 1930, shall be read and construed as one therewith respectively and may be cited together therewith as the Housing of the Working Classes Acts, 1890 to 1931, the Labourers Acts, 1883 to 1931, the Small Dwellings Acquisition Acts, 1899 to 1931, and the Housing Acts, 1925 to 1931, as the case may be. Definitions. 2.—(1) In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the word “prescribed” means prescribed by the Minister; the expression “unhealthy area” means an area the dwelling houses in which are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area and in which the other buildings, if any, are for a like reason dangerous or injurious to the health of such inhabitants; the expression “clearance area” means an unhealthy area declared by a local authority to be a clearance area for the purposes of this Act; the expression “improvement area” means an unhealthy area declared by a local authority to be an improvement area for the purposes of this Act; the expression “clearance order” means an order made by a local authority under this Act ordering the demolition of buildings in a clearance area; the expression “compulsory purchase order” means an order made under this Act authorising a local authority to acquire land compulsorily; the expression “the Act of 1890” means the Housing of the Working Classes Act, 1890; the expression “the Housing of the Working Classes Acts” means the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, and this Act in so far as it amends those Acts; the expression “sanitary defects” includes lack of air space or of ventilation, darkness, dampness, absence of adequate and readily accessible water supply or sanitary accommodation or of other conveniences and inadequate paving or drainage of courts, yards or passages; the expression “building byelaws” has the same meaning as in section 33 of the Housing (Ireland) Act, 1919 ; the word “owner” in relation to any building or land means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the building or land under a lease or agreement the unexpired term whereof exceeds three years; the word “dwelling house” includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith; the word “street” includes any court, alley, passage, square or row of houses, whether a thoroughfare or not; the expression “person having control of the house” has the same meaning as the word “owner” in the Public Health (Ireland) Act, 1878. Construction of Act of 1890. 3.—The Act of 1890 shall have effect as if the provisions of this Act with respect to unhealthy areas and unhealthy dwelling houses were inserted in Parts I and II respectively of the Act of 1890 in substitution for the provisions therein contained with respect to unhealthy areas and unhealthy dwelling houses and references in this Act or any Act (including the Act of 1890) passed before this Act, to the Act of 1890, or to any Part of the Act of 1890, or to any enactment therein contained or amending the same shall be respectively construed as references to the Act of 1890 as amended by this Act, or that Part or enactment as amended by this Act. Repeal of enactments. 4.—(1) The enactments mentioned in the Fifth Schedule to this Act are hereby repealed to the extent specified in the second column of that Schedule. (2) Notwithstanding anything contained in the foregoing sub-section where before the commencement of this Act in pursuance of the Act of 1890 any notice requiring the execution of works has been served, or any demand for, or order relating to, the expenses of executing works, or any closing order or demolition order has been made, or any scheme or order has been confirmed or approved by the Minister or any order has been submitted to him for confirmation or approval, the like proceedings (including proceedings for the forification of a confirmed scheme) may be taken thereon and the like consequences shall ensue as might have been taken or would have ensued if this Act had not been passed. (3) The mention of particular matters in the preceding sub-section shall not be held to prejudice or affect the general application of section 13 of the Interpretation Act, 1923 (No. 46 of 1923) with regard to the effect of repeals. PART II. HOUSING OF THE WORKING CLASSES. Unhealthy Areas. Clearance areas. 5.—(1) Where a local authority are satisfied upon consideration of an official representation or other information in their possession that any area within their district is an unhealthy area and that the conditions in such area can be effectively remedied only by the demolition of all the buildings in such area which are unfit for human habitation or dangerous or injurious to health the local authority shall cause such area to be defined on a map so as to exclude therefrom any building which is not unfit for human habitation or dangerous or injurious to health and shall by resolution declare such area as so defined to be a clearance area, and shall in accordance with the provisions of this Act proceed to secure the demolition of all buildings in that area in one or other of the following ways, or partly in one way and partly in the other according as the local authority shall determine, that is to say:— (a) by purchasing land comprised in the area and demolishing or otherwise securing the demolition of all buildings thereon; or (b) by ordering the demolition of buildings in the area. (2) A local authority shall forthwith transmit to the Minister a copy of any resolution passed by them under this section, together with a statement of the number of persons and the number of separate families of the working classes who on a day specified in the statement were occupying the buildings comprised in the clearance area. (3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929) and the Local Government (Dublin) Act, 1930 (No. 27 of 1930) the declaration of any area under this section to be a clearance area shall be a reserved function. Clearance orders. 6.—(1) Where a local authority determines to order any buildings in a clearance area to be demolished the local authority shall make and submit to the Minister for confirmation a clearance order with respect to such buildings. (2) The provisions contained in the First Schedule to this Act shall apply to the making, submission and confirmation of clearance orders. Purchase by local authority of land surrounded by or adjoining clearance area. 7.—Where as respects any area declared by them to be a clearance area a local authority determine to purchase any land comprised in the area, they may purchase also any land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and any land adjoining the clearance area, the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area. Demolition of buildings under a clearance order. 8.—(1) When a clearance order has become operative the owner or owners of any building to which the order applies shall demolish that building and clear and level the site thereof to the satisfaction of the local authority before the expiration of six weeks from the date on which the building is required by the order to be vacated or, if it is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the local authority may deem reasonable; and, if the building is not demolished and the site thereof so cleared and levelled before the expiration of that period, the local authority shall enter and demolish the building and clear and level the site thereof and sell the materials thereof. (2) Any expenses incurred by a local authority under the last preceding sub-section, after giving credit for any amount realised by the sale of materials, may be recovered by them, summarily before a court of summary jurisdiction from the owner of the building or, if there is more than one owner, from the owners thereof in such shares as the court may determine to be just and equitable; and any owner who pays to the local authority the full amount of their claim may in the like manner recover from any other owner such contribution, if any, as the court may determine to be just and equitable. (3) Any surplus in the hands of the local authority shall be paid by them to the owner of the building or if there is more than one owner, shall be paid as those owners may agree, or in default of agreement in such proportions as a court of summary jurisdiction may on the application of any such owner determine to be just and equitable. (4) A court of summary jurisdiction, in determining for the purposes of this section the shares in which any expenses shall be paid or contributed by, or any surplus shall be divided between, two or more owners of a building, shall have regard to their respective interests in the building, their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether expressed or implied, and all the other circumstances of the case. (5) The amount of any expenses due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred and the local authority shall for the purpose of enforcing such charge have all the same powers and remedies as if they were mortgagees by deed having powers of sale and lease, accepting surrenders of leases and of appointing a receiver. Restriction of development of land in a clearance area. 9.—(1) When a clearance order has become operative no land to which the order applies shall be used for building purposes, or otherwise developed, except in accordance with such plans as the local authority may approve and subject to such restrictions and conditions, if any, as the local authority may think fit to impose. (2) An owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the local authority to cancel or modify any such restriction or condition, may at any time appeal to the Minister, who shall make such order in the matter as he thinks proper, and the Minister's decision shall be final. (3) A person who commences, or causes to be commenced, any work in contravention of any plans approved or a restriction or condition imposed under this sub-section shall, on summary conviction, be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding ten pounds in respect of each day during which the work exists in such a form and state as to contravene such plans, restriction or condition. Demolition of buildings on and disposal of land acquired by a local authority. 10.—(1) A local authority who have under this Part of this Act purchased any land comprised in, or surrounded by, or adjoining a clearance area shall, so soon as may be, cause every building thereon to be vacated and shall deal with that land in one or other of the following ways, or partly in one of these ways and partly in the other of them, that is to say:— (a) they shall demolish every building thereon before the expiration of six weeks from the date on which it is vacated, or before the expiration of such longer period as in the circumstances they deem reasonable, and thereafter may use the land for the purposes of Part III of the Act of 1890 as amended by any subsequent enactment including this Act or may subject to the approval of the Minister, sell or let the land subject to such restrictions and conditions, if any, as they think fit, or may, appropriate the land for any purpose for which they are authorised to acquire land subject to the like restrictions as are contained in section ninety-five of the Public Health Acts Amendment Act, 1907, with respect to the appropriation of land by local authorities under that section; or (b) they shall, subject to the approval of the Minister, so soon as may be, sell or let the land subject to a condition that the buildings thereon shall be demolished forthwith and subject to such restrictions and other conditions, if any, as they may think fit to impose. (2) Land sold or leased under this section shall be sold or leased at the best price or for the best rent that can reasonably be obtained having regard to any restriction or condition imposed, and any capital money received in respect of any transaction under this section shall be applied, with the sanction of the Minister, either in the repayment of debt or for any other purpose for which capital money may be properly applied. (3) For the purposes of this section “sell” includes to sell in consideration of an annual rent charge or fee farm grant. Power of local authority to purchase cleared land which owners have failed to re-develop. 11.—(1) Where land has been cleared of buildings in accordance with a clearance order made under this Part of this Act, the local authority may, at any time after the expiration of eighteen months from the date on which the clearance order became operative, by resolution determine to purchase any part of that land which at the date of the passing of their resolution has not been, or is not in process of being, used for building purposes, or otherwise developed, by the owner thereof in accordance with plans approved by the local authority and any restrictions or conditions imposed under sub-section (1) of section 9 of this Act. (2) A local authority shall deal with any land purchased by them under this section by sale, letting, or appropriation in accordance with the provisions of the last preceding section. Improvement areas. 12.—(1) Where a local authority are satisfied upon consideration of an official representation or other information in their possession that any area within their district is an unhealthy area and that the conditions in such area can be effectively remedied without the demolition of all the buildings in such area which are unfit for human habitation or dangerous or injurious to health by— (a) the demolition or repair, as circumstances may require, of those dwelling-houses within the area which are unfit for human habitation; and (b) the purchase by the local authority of any land within the area which it is expedient for them to acquire for the purpose of opening out the area and the demolition of any buildings on such land so far as may be necessary to demolish them for that purpose; the local authority may cause that area to be defined on a map and may pass a resolution declaring the area so defined to be an improvement area. (2) A local authority who have passed a resolution declaring an area to be an improvement area, shall forthwith— (a) publish, in one or more newspapers circulating within their district, a notice stating the terms of the resolution and the date on which it was passed, and naming a place at which a copy of the resolution and of the map referred to therein may be seen at all reasonable hours; and (b) transmit a copy of the resolution to the Minister, together with an estimate of the number of persons and separate families of the working classes whose displacement will be rendered necessary by any steps which the local authority propose to take for the improvement of the area. (3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929) and the Local Government (Dublin) Act, 1930 (No. 27 of 1930) the declaration of any area under this section to be an improvement area shall be a reserved function. Treatment of improvement area. 13.—(1) A local authority who have passed a resolution declaring an area to be an improvement area, shall so soon as may be— (a) in the case of dwelling-houses which are unfit for human habitation, serve notices under Part III of this Act requiring the execution of all necessary works thereon, or the demolition thereof, and enforce compliance with those notices; (b) in so far as the improvement of the area involves the purchase of land for opening out the area, proceed to purchase that land unless the local authority are satisfied that the opening out of the area will be adequately carried out by the owner or owners of the land. (2) A local authority who have purchased any land under this section, shall carry out, or secure the carrying out of such demolitions as may be necessary for opening out the area, and, subject thereto, shall deal with that land by sale, letting or appropriation in accordance with the provisions of section 10 of this Act. (3) Where any action taken by a local authority under this section with respect to a dwelling-house in an improvement area results in the tenant of that house, or any part thereof, removing therefrom, then notwithstanding anything in the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, those Acts if applicable to that house or part, shall not cease to apply thereto by reason only of the fact that upon such removal the landlord comes into possession of the house or part of the house. (4) The declaration of any area to be an improvement area shall not preclude any local authority from exercising any powers which in the absence of such a declaration would have been exercisable by them within that area. Preliminaries to passing of clearance or improvement resolution. 14.—A local authority shall before passing any resolution declaring an area to be a clearance area or an improvement area satisfy the Minister— (a) that in so far as suitable accommodation available for the persons of the working classes who will be displaced by the steps to be taken for the clearance or improvement of the area does not already exist, the local authority can provide, or secure the provision of such accommodation in advance of the displacements which will from time to time become necessary as the clearance or improvement of the area proceeds; and (b) that the resources of the local authority are sufficient for the purpose of carrying the resolution into effect. Provisions as to purchase of land. 15.—Where a local authority have determined to purchase land under this Part of this Act, they may purchase that land by agreement or they may be authorised to purchase that land compulsorily by means of a compulsory purchase order made and submitted to the Minister and confirmed by him in accordance with the provisions of the Second Schedule to this Act. Assessment of compensation in respect of land acquired compulsorily. 16.—(1) Where land is purchased compulsorily by a local authority under this Part of this Act, the compensation payable in respect thereof shall be assessed— (a) in the case of land comprised in a clearance area in accordance with the provisions contained in Part I of the Third Schedule to this Act; (b) in the case of any other land in accordance with the provisions contained in Part II of the Third Schedule to this Act. (2) Subject to the provisions of the foregoing sub-section the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925). Validity and date of operation of clearance orders and compulsory purchase orders. 17.—(1) The provisions of this section shall have effect with respect to the validity of clearance orders and compulsory purchase orders made under this Act, and the date on which such an order is to come into operation. (2) So soon as may be after an order has been confirmed by the Minister, the local authority shall publish in a newspaper circulating in their district a notice in the prescribed form stating that the order has been confirmed, and naming a place where a copy of the order as confirmed, and of the map referred to therein may be seen at all reasonable hours, and shall serve a like notice on every person who, having given notice to the Minister of his objection to the order, appeared at the public local inquiry in support of his objection. (3) If any person aggrieved by an order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the publication of the notice of confirmation, make an application for the purpose to the High Court, and where any such application is duly made the Court— (a) may by interim order suspend the operation of the order either generally or in so far as it affects any property of the applicant until the final determination of the proceedings; and (b) if satisfied upon the hearing of the application that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with may quash the order either generally or in so far as it affects any property of the applicant. (4) Subject to the provisions of the last preceding sub-section, an order shall not, either before or after its confirmation, be questioned by prohibition or certiorari or in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of its confirmation is published in accordance with the provisions of sub-section (2) of this section. (5) So soon as may be after an order has become operative, the local authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation. Extinguishment of ways, easements, etc. 18.—(1) A local authority may, with the approval of the Minister, by order extinguish any public right of way over any land purchased by them under this Part of this Act, but an order made by a local authority under this sub-section shall be published in the prescribed manner, and if any objection thereto is made to the Minister before the expiration of six weeks from the publication thereof, the Minister shall not approve the order until he has caused a public local inquiry to be held into the matter. (2) Upon the completion by a local authority of the purchase by them of any land under this Part of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the local authority and the person entitled to the right in question, vest in the local authority, and any person who suffers loss by the vesting of any such right or property as aforesaid, shall be entitled to be paid by the local authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925). PART III. HOUSING OF THE WORKING CLASSES. Unhealthy Dwelling Houses. Power of local authority to require repair of insanitary house. 19.—(1) Where a local authority, upon consideration of an official representation or a report from any of their officers, or other information in their possession, are satisfied that any dwelling-house which is occupied or is of a type suitable for occupation by persons of the working classes is in any respect unfit for human habitation they shall, unless they are satisfied that it is not capable at a reasonable expense of being rendered so fit, serve upon the person having control of the house a notice requiring him, within such reasonable time, not being less than twenty-one days, as may be specified in the notice, to execute the works specified in the notice and stating that, in the opinion of the local authority, those works will render the house fit for human habitation. (2) In addition to serving a notice under this section on the person having control of the house, the local authority may at their discretion serve a copy of the notice on any other person having an interest in the house, whether as owner in fee simple, mortgagee, lessee, or otherwise. (3) In determining for the purposes of this Part of this Act whether a dwelling-house can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the dwelling-house will have when the works are completed. Enforcement of notice requiring execution of repairs. 20.—(1) If a notice under the last preceding section requiring the person having control of the house to execute works is not complied with, then, after the expiration of the time specified in the notice or, if an appeal has been made against the notice and upon that appeal the notice has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal, or of such longer period as the court in determining the appeal may fix, the local authority may enter the house and may themselves do the work required to be done by the notice, or by the notice as varied by the court, as the case may be. (2) Where the local authority are about to enter upon a dwelling-house under the provisions of the last preceding sub-section for the purpose of doing any work, they may give to the person having control of the house, and, if they think fit, to any other person being an owner of the house, notice in writing of their intention so to do, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the local authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be deemed to be obstructing the local authority in the execution of this Act and shall be liable on summary conviction to a fine not exceeding twenty pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house. (3) Any expenses incurred by the local authority under this section, together with interest, at such rate as the Minister may with the approval of the Minister for Finance from time to time by order fix, from the date when a demand for the expenses is served until payment, may, subject as hereinafter provided, be recovered by them, by action or summarily as a civil debt, from the person having control of the house, or, if he receives the rent of the house as agent or trustee for some other person, then either from him or from that other person, or in part from him and as to the remainder from that other person: Provided that if the person having control of the house proves that he— (a) is receiving the rent merely as an agent or trustee for some other person; and (b) has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the local authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid. (4) In all summary proceedings by the local authority for the recovery of any such expenses, the time within which the proceedings may be taken shall be reckoned from the date of the service of the demand or, if an appeal is made against that demand, from the date on which the demand becomes operative. (5) The local authority may by order declare any such expenses to be payable by weekly or other instalments within a period not exceeding thirty years with interest at such rate as the Minister may, with the approval of the Minister for Finance, from time to time by order fix, from the date of the service of the demand until the whole amount is paid, and any such instalments and interest, or any part thereof, may be recovered summarily as a civil debt from the person having control of the house or the occupier thereof and, if recovered from an occupier, may be deducted by him from the rent of the house. (6) The amount of any expenses and interest thereon due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred, and the local authority shall for the purpose of enforcing that charge have all the same powers and remedies as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. (7) No action taken under this, or the last preceding, section shall prejudice or affect any other powers of the local authority or any remedy available to the tenant of a dwelling-house against his landlord, either at common law or otherwise. Recovery of expenses of repair from occupier. 21.—(1) Where a demand for the recovery of expenses incurred by a local authority under the next foregoing section has become operative and such expenses or any part thereof remain unpaid the local authority may, after giving not less than ten days notice to the person having control of the house in respect of which such expenses were incurred serve a notice in the prescribed form upon the occupier or occupiers of such house, stating the amount of such expenses remaining unpaid and requiring such occupier or occupiers to pay to the local authority any rent then due or thereafter to become due by him or them until the amount of such expenses with any interest due thereon is fully repaid. (2) The service of any such notice as is referred to in the foregoing sub-section upon an occupier shall operate to transfer to the local authority the exclusive right to recover, receive and give a discharge for the rent required by such notice to be paid to the local authority. Power of local authority to let a vacant house in respect of which expenses are due. 22.—(1) A local authority, to whom any expenses are due in respect of the execution of works to a house under section 20 of this Act which is or has become vacant, may if satisfied that payment of such expenses cannot be recovered from the person having control of the house and after giving to such person twenty-one days' notice in writing of their intention so to do, make in the name of such person a letting of the house to a suitable person at such rent and for such period and on such terms and conditions as to the local authority shall seem proper having regard to the circumstances and to the nature of any previous tenancy in the house. (2) Every such notice as is referred to in the foregoing sub-section shall state the rent period for which and the terms and conditions on which the local authority propose to make a letting of the house. (3) For the purposes of this section and for those purposes only the local authority shall be deemed to be the agent of the person having control of the house with power to make a letting without his consent and the word “house” includes in the case of a house habitually let in separate apartments, a part of a house. (4) Any person aggrieved by a proposal of a local authority to make a letting of a house under this section may, within twenty-one days after the date of the service of the notice referred to in sub-section (1) of this section, appeal to the Circuit Court, who may make such order in the matter as to the Court shall seem just and reasonable but the decision of the Court shall be final and conclusive and not subject to any appeal. Power of local authority to order demolition of insanitary house. 23.—(1) Where a local authority, upon consideration of an official representation, or a report from any of their officers, or other information in their possession, are satisfied that any dwelling house which is occupied, or is of a type suitable for occupation by persons of the working classes, is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, they shall serve upon the person having control of the house, upon any other person who is an owner thereof, and, so far as it is reasonably practicable to ascertain such persons, upon every mortgagee thereof, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future use of the house, which he may wish to submit will be considered by them, and every person upon whom such a notice is served shall be entitled to be heard when the matter is so taken into consideration. (2) The local authority may if, after consultation with any owner or mortgagee, they think fit so to do, accept an undertaking from him, either that he will within a specified period carry out such works as will in the opinion of the local authority render the house fit for human habitation, or that it shall not be used for human habitation until the local authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking. (3) If no such undertaking as is mentioned in the last preceding subsection is accepted by the local authority, or if, in a case where they have accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, or the house is at any time used in contravention of the terms of the undertaking, the local authority shall forthwith make a demolition order requiring that the house shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall be demolished and the site thereof cleared and levelled within six weeks after the expiration of that period, or, if the house is not vacated before the expiration of that period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the circumstances the local authority deem it reasonable to specify and shall serve the order upon every person upon whom they would be required by sub-section (1) of this section to serve a notice issued by them under that subsection. Underground room to be deemed to be a house unfit for human habitation. 24.—(1) A room habitually used as a sleeping place the surface of the floor of which is more than three feet below the surface of the part of the street adjoining or nearest to the room, or more than three feet below the surface of any ground within nine feet of the room, shall for the purposes of this Part of this Act be deemed to be a house unfit for human habitation, if the room either— (a) is not on an average at least eight feet in height from floor to ceiling; or (b) does not comply with such regulations as the local authority with the consent of the Minister may prescribe for securing the proper ventilation and lighting of such rooms, and the protection thereof against dampness, effluvia, or exhalation. (2) If the local authority after being required to do so by the Minister, fail to make such regulations as aforesaid, or such regulations as the Minister approves, the Minister may himself make them, and the regulations so made shall have effect as if they had been made by the local authority with the consent of the Minister. Power of local authority to deal with part of building. 25.—A local authority may under this Part of this Act take the like proceedings in relation to any part of a building which is let for human habitation as a separate tenement or in relation to any underground room which by virtue of sub-section (1) of section 24 of this Act is to be deemed to be unfit for human habitation, as they are empowered to take in relation to a dwelling-house subject, however, to this qualification that, in circumstances in which, in the case of a dwelling-house, they would have made a demolition order, they shall, in the case of a part of a building, which is let for human habitation as a separate tenement, make a closing order prohibiting the use of that part for human habitation and in the case of any such underground room as aforesaid make a closing order prohibiting the use of the room for the purposes of a sleeping place; but the local authority shall determine a closing order so made by them on being satisfied that the part of the building or the room to which it relates has been rendered fit for human habitation. Procedure where demolition order or closing order made or undertaking given as to user of house. 26.—(1) When a demolition order under this Part of this Act has become operative, the owner or owners of the house to which it applies shall demolish that house and clear and level the site thereof to the satisfaction of the local authority within the time limited in that behalf by the order; and if the house is not demolished and the site thereof so cleared and levelled within that time, the local authority shall enter and demolish the house and clear and level the site thereof and sell the materials thereof, and the provisions of sub-sections (2) (3) (4) and (5) of section 8 of this Act shall apply in relation to any expenses incurred by the authority under this sub-section and to any surplus remaining in the hands of the local authority as they apply in relation to any expenses or surplus in a case where a building is demolished in pursuance of a clearance order. (2) Any person who, knowing that a closing order has become operative and applies to any premises, or that an undertaking has been given under this Part of this Act that any premises shall not be used for certain purposes specified in the undertaking, uses those premises in contravention of the terms of the order or undertaking, or permits them to be so used, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further penalty of five pounds for every day or part of a day, on which he so uses them, or permits them to be so used, after conviction. (3) Where an undertaking has been given under this Part of this Act that any premises shall not be used for human habitation, nothing in the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, or in any enactment amending those Acts, shall prevent any owner of those premises from obtaining possession thereof. Appeals. 27.—(1) Any person aggrieved by— (a) a notice under this Part of this Act requiring the execution of works; (b) a demand for the recovery of expenses incurred by a local authority in executing works specified in any such notice; (c) an order made by a local authority with respect to any such expenses; (d) a demolition order made under this Part of this Act; (e) a closing order so made or a refusal to determine a closing order; may, within twenty-one days after the date of the service of the notice, demand or order, or after the refusal, as the case may be, appeal to the Circuit Court, and no proceedings shall be taken by the local authority to enforce any notice, demand or order against which an appeal is brought before the appeal has been finally determined: Provided that— (i) on an appeal under paragraph (b) or paragraph (c) of this sub-section no question shall be raised which might have been raised on an appeal against the original notice requiring the execution of the works; and (ii) no appeal shall lie under paragraph (d) or paragraph (e) of this sub-section at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years. (2) In any appeal to the Circuit Court under this section— (a) the court may make such order either confirming or quashing or varying the notice, demand or order as it thinks fit, and may, if it thinks fit, accept from an appellant any such undertaking as might have been accepted by the local authority, and any undertaking so accepted by the court shall have the like effect as if such undertaking had been given to and accepted by the local authority under this Part of this Act; and (b) where the court allows an appeal against a notice requiring the execution of works to a dwelling-house, it shall, if requested by the local authority so to do, include in its judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense. (3) Rules of Court shall regulate the practice and procedure of the Circuit Court under this section, and the rules shall make provision with respect to an inspection by the Circuit Court of the premises to which the appeal relates in any case in which the court considers that such inspection is desirable. (4) Any notice, demand or order against which an appeal might be brought to the Circuit Court under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in sub-section (1) of this section and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such notice, demand or order against which an appeal is brought shall, if and so far as it is confirmed by the Circuit Court, become operative as from the date of the final determination of the appeal. (5) For the purposes of this Part of this Act the withdrawal of an appeal shall be deemed to be the determination thereof, having the like effect as a decision confirming the notice, demand or order, or decision appealed against. (6) No appeal shall lie under section 61 of the Courts of Justice Act, 1924 (No. 10 of 1924) from a decision of the Circuit Court under this section. Power of local authority to acquire and repair certain houses. 28.—(1) Where any person has appealed against a notice under this Part of this Act requiring the execution of works to a dwelling-house, and the Circuit Court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local authority may purchase that house by agreement, or may be authorised to purchase it compulsorily in accordance with the provisions of this section, and, if they purchase the house compulsorily, they shall forthwith execute all such works as were specified in the notice against which the appeal was brought. (2) A local authority may for the purposes of this section be authorised to purchase a house by a compulsory purchase order made and submitted to the Minister within six months after the determination of the appeal and confirmed by him in accordance with the provisions of the Second Schedule to this Act; but if any person being an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Minister and within such, period as the Minister may fix, the works specified in the notice against which the appeal was brought, the Minister shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking. (3) The compensation to be paid for any house purchased compulsorily under this section shall be the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building bye-laws for the time being in force in the district, and subject as aforesaid, shall be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925). PART IV. Miscellaneous amendments of the law relating to the housing of the working classes. Duty of local authority to inspect their district. 29.—It shall be the duty of every local authority to cause an inspection of their district to be made from time to time with a view to ascertaining whether any dwelling-house therein is unfit for human habitation, and for that purpose it shall be the duty of the local authority and every officer of the local authority, to comply with such regulations and to keep such records as the Minister may prescribe. Power of local authority to require information as to ownership of premises. 30.—A local authority may, for the purpose of enabling them to serve any notice (including any copy of any notice) which they are by the Housing of the Working Classes Acts authorised or required to serve, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner in fee simple, mortgagee, or lessee or otherwise, and any person who, having been required by a local authority in pursuance of this section to give to them any information, fails to give that information, or knowingly makes any misstatement in respect thereof, shall be liable on summary conviction to a fine not exceeding five pounds. Conditions to be implied on letting of house for habitation. 31.—(1) In any contract entered into after the passing of this Act for letting for habitation a dwelling-house at a rent not exceeding— (a) in the case of a house situate in the County Borough of Dublin or the Borough of Dun Laoghaire, thirty pounds per annum; (b) in the case of a house situate elsewhere, twenty-five pounds per annum; there shall, notwithstanding any stipulation to the contrary, be implied a condition that the house is at the commencement of the tenancy, and an undertaking that the house will be kept by the landlord during the tenancy, in all respects reasonably fit for human habitation but nothing in this section contained shall affect the liability of the tenant or occupier of any such house for any wilful act or default of such tenant or occupier whereby such house is rendered not reasonably fit for human habitation: Provided that the condition and undertaking aforesaid shall not be implied when a house is let for a term of not less than three years upon the terms that it be put by the lessee into a condition reasonably fit for habitation, and the lease is not determinable at the option of either party before the expiration of three years. (2) The landlord, or any person authorised by him in writing, may at reasonable times of the day, on giving twenty-four hours' notice in writing to the tenant or occupier, enter any premises to which this section applies for the purpose of viewing the state and condition thereof. (3) In this section the expression “landlord” means any person who lets for habitation to a tenant any house under any contract referred to in this section, and includes his successors in title, and the expression “dwelling-house” includes part of a house. Matters to be considered in determining a house to be unfit for human habitation. 32.—Where it is required for the purposes of the Housing of the Working Classes Acts to determine whether a house is fit for human habitation, regard shall be had to the extent, if any, to which by reason of disrepair or sanitary defects the house falls short of the provisions of any bye-laws in operation in the district of the local authority in which such house is situate, or of the general standard of housing accommodation for the working classes in such district. Recovery of possession of buildings subject to a clearance or demolition order. 33.—(1) Where a clearance order or a demolition order has become operative, the local authority shall serve on the occupier of any building or any part of any building to which the order relates a notice stating the effect of the order and specifying the date by which the order requires the building to be vacated and requiring him to quit the building before the said date or before the expiration of twenty-eight days from the service of the notice, whichever may be the later; and if at any time after the date on which the notice requires the building to be vacated any person is in occupation of the building, or of any part thereof, the local authority or any owner of the building may make complaint to a court of summary jurisdiction and thereupon the court shall by their warrant which shall have the same effect as a warrant under section eighty-six of the Landlord and Tenant Law Amendment Act, Ireland, 1860 , order vacant possession of the building or of the part thereof to be given to the complainant within such period not being less than two weeks nor more than four weeks as the court may determine. (2) Any expenses incurred by a local authority under this section in obtaining possession of any building or of any part of a building may be recovered by them summarily before a court of summary jurisdiction from the owner of the building or, if there is more than one owner, from the owners thereof and the provisions of sub-sections (2), (4) and (5) of section 8 of this Act shall apply in relation to any such expenses in like manner as those provisions apply in relation to expenses incurred by a local authority under that section. (3) Any person who, knowing that a clearance order or a demolition order has become operative and applies to any building, enters into occupation of that building, or of any part thereof, after the date by which the order requires that building to be vacated, or permits any other person to enter into such occupation after that date, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further penalty of five pounds for every day, or part of a day, on which the occupation continues after such conviction. Recovery of possession of houses and buildings for purposes of enactments relating to the housing of the working classes. 34.—(1) Nothing in the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, shall be deemed to affect the provisions of this Act relating to the obtaining possession of a house with respect to which a clearance order or demolition order has been made, or to prevent possession being obtained of any house possession of which is required for the purpose of enabling a local authority to exercise their powers under the Housing of the Working Classes Acts, or for the purpose of securing compliance with any bye-laws made for the prevention of overcrowding. (2) Where a local authority, for the purpose of exercising their powers under the Housing of the Working Classes Acts, require possession of any building or any part of a building of which they are the owners, possession thereof may (without prejudice to any other method of recovery) be recovered by them in a summary manner under section fifteen of the Summary Jurisdiction (Ireland) Act, 1851 , wherever the building or part of a building may be situated and whatever may be the rent or term of the tenancy. …