Housing Act, 1966

Housing Act, 1966 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 1966 Housing Act, 1966 Housing Act, 1966 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 Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 21 of 1966. HOUSING ACT, 1966 ARRANGEMENT OF SECTIONS PART I Preliminary And General Section 1. Short title and commencement. 2. Interpretation. 3. Service of notices, etc. 4. Obligation to give information to housing authority. 5. Regulations generally. 6. Repeals. PART II Financial Provisions Chapter I Expenses under Act 7. Expenses of administration of Minister. 8. Charging of expenses of housing authority who are county council. 9. Payment of expenses under section 111 of Act. 10. Power to set off. Chapter II Assistance of Certain Research, Training and Bodies 11. Assistance by Minister of certain research and training. 12. Assistance by housing authority of certain bodies. Chapter III Housing Loans and Grants, etc. 13. Definition for purposes of Chapter III of part II. 14. Regulations for purposes of sections in Chapter III of part II. 15. Grants by Minister for provision of houses. 16. Grants by Minister for provision of houses for farmers and others. 17. Grants by Minister for provision of second houses on transfer of certain holdings. 18. Grants by Minister for erection of flats or maisonettes. 19. Grants by Minister for housing of elderly persons and others. 20. Grants by Minister for provision of prototype houses. 21. Grants by Minister to persons for reconstruction of houses. 22. Further grants by Minister for reconstruction of houses. 23. Grants by Minister for essential repairs. 24. Grants by Minister to housing authority for improvement of houses. 25. Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act. 26. Supplementary grants by housing authority to persons for provision of houses. 27. Supplementary grants by housing authority for erection of flats or maisonettes. 28. Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes. 29. Supplementary grants by housing authority for reconstruction of houses. 30. Supplementary grants and other assistance by housing authority for essential repairs. 31. Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act 1929. 32. Grants by certain housing authorities for accommodation for person suffering from Pulmonary tuberculosis. 33. Modification and restriction on increase of rateable valuation in certain cases. 34. Repayment of grant to Minister or housing authority on breach of undertaking. 35. Withholding or reduction in amount of grant. 36. Making of grant to successor of deceased applicant. 37. Restriction of local Acts and other provisions. 38. Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument. 39. Loans by housing authority for acquisition or construction of houses. 40. Loans by housing authority for reconstruction, repair, and improvement of houses. 41. Sale by Land Commission of land subject to charge in favour of housing authority. 42. Schemes for guarantees. 43. Guarantee of advances to builders. Chapter IV Contributions by Minister to Certain Annual Loan Charges 44. Contributions by Minister to certain annual loan charges of housing authorities. 45. Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes. 46. Withholding or reduction in amount of contributions. 47. Payment by Minister in lieu of contributions to annual loan charges. 48. Subsidy by Minister in respect of certain loan charges. Chapter V Displacement Allowances 49. Power of housing authority to make allowances to certain persons displaced. Chapter VI Stamp Duties 50. Remission of Stamp duties on certain agreements, etc. 51. Amendment of section 12 of Finance Act, 1895. 52. Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949. PART III Provision and Management of Dwellings 53. Duty of housing Authority to make inspection and to assess adequacy of supply and condition of housing. 54. Review by housing authority of cost of housing services. 55. Building Programmes. 56. Provision of dwellings. 57. Power of housing authority to provide building sites. 58. Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith. 59. Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928. 60. Duty of housing authority to make scheme of priorities for letting housing accommodation. 61. Requiring information from tenants and persons applying for tenancies. 62. Recovery of Possession of dwellings and other buildings. PART IV Overcrowded And Unfit Houses 63. Definition of “overcrowding”. 64. Obligation to give particulars relating to a house. 65. Overcrowded houses. 66. Unfit houses. 67. Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking. 68. Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies. 69. Enforcement of repairs notice or demolition order. 70. Bye-laws in relation to rented houses. 71. Recovery of expenses of repair and demolition, etc. 72. Appeals. 73. Power of Circuit Court to determine lease of house in respect of which demolition order is made. 74. Action under section 65, 66 or 69 of Act not to prejudice other remedies. PART V Acquisition of Land, etc. 75. Definitions for purposes of Part V and Third Schedule. 76. Procedure for compulsory acquisition of land. 77. Compulsory acquisition of land not immediately required. 78. Validity and date of operation of compulsory purchase orders. 79. Notice to treat. 80. Power of entry on, taking possession and use of land. 81. Vesting order. 82. Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942. 83. Extinguishment of ways, easements, etc. 84. Assessment of compensation in respect of land acquired compulsorily. 85. Appropriation of land to purposes of this Act. 86. Amendment of section 10 of Local Government (No. 2) Act, 1960. 87. Amendment of section 10 of Local Government (Ireland) Act, 1898. PART VI Disposal of Land and Dwellings Chapter I Land 88. Disposal of land by housing authority. Chapter II Certain Dwellings Provided under this Act 89. Interpretation (Chapter II of Part VI). 90. Power of housing authority to sell or lease certain dwellings provided under this Act. 91. Recovery of payments in respect of purchase money. 92. Registration under Registration of Title Acts, 1891 and 1942 of ownership of dwellings sold or leased under section 90 of Act. Chapter III Purchase of Certain Cottages under Act of 1936. 93. Interpretation (Chapter III of Part VI) and saver. 94. Purchase of certain cottages under Act of 1936. 95. Restriction on applications under section 16 of Act of 1936. 96. Cottages in urban areas. 97. Power to declare certain persons to be qualified persons. 98. Cottage or plot may be charged, mortgaged, subdivided or alienated. 99. Redemption of annuities. 100. Act of 1936 wholly or otherwise to cease to apply in certain circumstances. 101. Provisions as respects amount of annuities. 102. Amendment of certain provisions of, and validation of certain orders under, Act of 1936. 103. Amendment of section 46 of Land Act, 1923. 104. Amendment of sections 6 and 7 of Land Act, 1946. 105. Saver. Chapter IV Miscellaneous 106. Duty of housing authority to put certain cottages and dwellings into good structural condition. 107. Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority. 108. Capital money. PART VII Exercise and Default in Exercise of Functions under this Act 109. Exercise by housing authority of functions under this Act outside functional area. 110. Committees. 111. Failure of housing authority as respects performance of functions under Act. PART VIII Miscellaneous 112. Provision of technical assistance. 113. Power to provide prizes or other incentives for the maintenance of houses, etc. 114. Conditions to be complied with on letting of house for habitation. 115. Prohibition on persons interested voting as members of housing authority or certain committees. 116. Prosecutions and offences. 117. Power of authorised person to enter on land. 118. Certain dwellings to be deemed to be provided under this Act. 119. Small dwellings. 120. Amendment of Housing of Working Classes Act, 1890. 121. Savings. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE Acts Referred to Local Registration of Title (Ireland) Act, 1891 1891, c. 66 Labourers Act, 1936 1936, No. 24 Housing (Amendment) Act, 1948 1948, No. 1 Housing (Amendment) Act, 1952 1952, No. 16 Local Government (No. 2) Act, 1960 1960, No. 40 Housing (Loans and Grants) Act, 1962 1962, No. 27 Health Act, 1947 1947, No. 28 Health Authorities Act, 1960 1960, No. 9 Local Government Act, 1941 1941, No. 23 Registration of Deeds Act, 1707 1707, c. 2 Companies Act, 1963 1963, No. 33 Local Government (Amendment) (No. 2) Act, 1934 1934, No. 44 Industrial Research and Standards Act, 1961 1961, No. 20 Local Government (Sanitary Services) Act, 1962 1962, No. 26 Housing (Gaeltacht) (Amendment) Act, 1959 1959, No. 16 Housing (Gaeltacht) Act, 1929 1929, No. 41 Housing (Amendment) Act, 1958 1958, No. 27 Housing (Amendment) Act, 1954 1954, No. 16 Housing (Gaeltacht) (Amendment) Act, 1953 1953, No. 6 Acquisition of Land (Assessment of Compensation) Act, 1919 1919, c. 57 Property Values (Arbitrations and Appeals) Act, 1960 1960, No. 45 Insurance Act, 1936 1936, No. 45 Local Government (Planning and Development) Act, 1963 1963, No. 28 Local Government (Sanitary Services) Act, 1964 1964, No. 29 Finance Act, 1895 1895, c. 16 Finance (No. 2) Act, 1947 1947, No. 33 Finance Act, 1949 1949, No. 13 Stamp Act, 1891 1891, c. 39 Land Law (Ireland) Act, 1881 1881, c. 49 Local Government (Rates on Small Dwellings) Act, 1928 1928, No. 4 Public Assistance Act, 1939 1939, No. 42 Rent Restrictions Act, 1960 1960, No. 42 Working Classes Act, 1890 1890, c. 70 Housing (Ireland) Act, 1919 1919, c. 45 Land (Reference Committee) Act, 1925 1925, No. 22 Local Government (Ireland) Act, 1898 1898, c. 37 Local Government Act, 1946 1946, No. 24 Housing and Labourers Act, 1937 1937, No. 42 Land Reclamation Act, 1949 1949, No. 25 Land Act, 1923 1923, No. 42 Labourers Act, 1965 1965, No. 24 Land Act, 1946 1946, No. 12 Housing (Amendment) Act, 1942 1942, No. 15 Labourers (Ireland) Act, 1906 1906, c. 37 Housing (Management and Letting) Regulations, 1950 1950, S.I. No. 47 Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50 Housing (Financial and Miscellaneous Provisions) Act, 1932 1932, No. 19 Interpretation Act, 1937 1937, No. 38 Lands Clauses Consolidation Act, 1845 1845, c. 18 Housing (Amendment) Act, 1950 1950, No. 25 Number 21 of 1966. HOUSING ACT, 1966 AN ACT TO MAKE PROVISION WITH RESPECT TO HOUSING (INCLUDING THE PROVISION OF LOANS AND GRANTS BY THE STATE AND BY LOCAL AUTHORITIES IN RELATION TO HOUSING), FOR THAT PURPOSE TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO HOUSING, TO AMEND CERTAIN OTHER ENACTMENTS AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12th July, 1966.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary And General Short title and commencement. 1.—(1) This Act may be cited as the Housing Act, 1966. (2) This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act. Interpretation. 2.—(1) In this Act, save where the context otherwise requires— “the Act of 1860” means the Landlord and Tenant Law Amendment Act, Ireland, 1860 ; “the Act of 1891” means the Local Registration of Title (Ireland) Act, 1891; “the Act of 1936” means the Labourers Act, 1936 ; “the Act of 1948” means the Housing (Amendment) Act, 1948 (repealed by this Act); “the Act of 1952” means the Housing (Amendment) Act, 1952 (repealed by this Act); “the Act of 1960” means the Local Government (No. 2) Act, 1960 ; “the Act of 1962” means the Housing (Loans and Grants) Act, 1962 (repealed by this Act); “chief medical officer” has the meaning assigned to it by the Health Act, 1947 , as extended by the Health Authorities Act, 1960 , and for the purposes of this Act, the chief medical officer under the health authority within whose functional area (with respect to functions related to the operation of services other than services under the Mental Treatment Acts, 1945 to 1958) a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 , or an urban district is situate, shall be deemed to be the chief medical officer of the commissioners of such town or the council of the district, as the case may be; “functions” includes powers and duties; “health authority” has the same meaning as in the Health Act, 1947 , as amended by section 9 of the Health Authorities Act, 1960 ; “house”, except in Part V of this Act, includes any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and, except as aforesaid and in sections 15 , 16 and 17 of this Act, includes any part of a building used or suitable for use as a dwelling and “housing” shall be construed accordingly; “housing authority” means, in the case of— (a) a county health district (exclusive of any town having town commissioners under the Towns Improvement (Ireland) Act, 1854 ), the council of the county in which such county health district is situate, (b) a county or other borough, the corporation of such county or other borough, and (c) an urban district, the council of the district, (d) a town having commissioners under the Towns Improvement (Ireland) Act, 1854 , except as respects sections 26 , 27 , 28 , 29 , 30 , 31 , 32 , 34 , 35 , 36 , 39 , 40 , 41 , 42 and 43 of this Act, the commissioners of such town and, as respects the said sections, the council of the county in which the town is situate, and references to the functional area of a housing authority shall be construed accordingly; “land”, except in section 86 of this Act includes water and, in relation to the acquisition of land, includes any interest or right in or over land or water (including an interest or right granted by or held from the authority acquiring the land); “local authority” has the same meaning as in section 2 of the Local Government Act, 1941 ; “the Minister” means the Minister for Local Government; “non-municipal town” means a place (not being a county borough, borough, urban district or town) the population of which, as ascertained by the census of population which for the time being is the last published census of population, exceeds one thousand; “owner”, except in Part V of this Act, in relation to any dwelling, house, building or other land means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the dwelling, house, building or other land, or where the dwelling, house, building or other land is not let at a rack rent, would be so entitled if it were so let; “person”, except in this section and in sections 15 and 34 of this Act, does not include a housing authority; “prescribed” means prescribed by regulations made by the Minister; “public utility society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, or a friendly society registered under the Friendly Societies Acts, 1896 to 1953, or a trade union registered under the Trade Union Acts, 1871 to 1952, whose objects include the erection of houses or a body which satisfies the Minister that its objects are wholly philanthropic and include the provision of houses; “the registering authority” means the registering authority under the Act of 1891; “Registry of Deeds” means the office established by the Registration of Deeds Act, 1707; “reserved function” means— (a) with respect to the council of a county (or an elective body for the purposes of the County Management Acts, 1940 to 1955) a reserved function for the purposes of the County Management Acts, 1940 to 1955, (b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough; “rural area” means an area no place in which is within a county borough, borough, urban district, town or non-municipal town; “Small Dwellings Acquisition Acts” means the Small Dwellings Acquisition Acts, 1899 to 1962; “state land” means land which is state land within the meaning of the Act of 1936 and which belongs to the State on the commencement of section 105 of this Act. (2) Any approval or consent required by this Act to be given by the Minister may be given either generally or as respects a particular case and where the relevant provisions of this Act so admit, any such approval or consent may be confined to any particular class of matter or thing or to a particular area or an area of a particular class. (3) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers. (4) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act. Service of notices, etc. 3.—(1) Where a notice, copy of an order, or demand is required or authorised by this Act or any order or regulation made thereunder to be served on, given to or made of a person, it shall be addressed to him and shall be served on, given to or made of him in some one of the following ways: (a) where it is addressed to him by name, by delivering it to him; (b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address; (d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice, copy or demand is so required or authorised to be served, given or made in respect of any land or premises or works thereon, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises. (2) Where a notice, copy of an order, or demand is required by this Act or any order or regulation made thereunder to be served on, given to, or made of an owner or occupier of any land or premises and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him. (3) For the purposes of this section, a company within the meaning of the Companies Act, 1963 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (4) Where a repairs notice, a notice mentioned in subsection (4) of section 66 of this Act, a notice to treat within the meaning of Part V of this Act or a notice mentioned in subsection (4) of section 117 of this Act is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided. (5) A person who, at any time during the period of three months after a document is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the documentwithout lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the publication, serving or giving under this Act or under any order or regulation made thereunder, of a notice, copy of an order, or demand and that dispensing with the publication, serving, giving or making of the notice, copy or demand will not cause injury or wrong, he may dispense with the publication, serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof. (7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be published, served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent. Obligation to give information to housing authority. 4.—(1) A housing authority may for any purposes connected with this Act, by notice in writing require the occupier of any land or any person receiving, whether for himself or for another, rent out of any land to state in writing to the authority within a specified period ending not less than twenty-one days after being so required, particulars of the estate, interest or right by virtue of which he occupies such land or receives such rent, as the case may be, and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land. (2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under the section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. Regulation generally. 5.—(1) The Minister may make regulations either for the purposes of any section of this Act which admits of being executed subject to regulations, or prescribing any matter referred to in this Act as prescribed. (2) Every regulation made by the Minister under this Act other than section 114 shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (3) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to that provision of the Minister for Finance. Repeals. 6.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) Notwithstanding subsection (1) of this section, grants under any enactment repealed by that subsection may be made in respect of works commenced before the repeal of the enactment. (3) Where, as respects the provision or reconstruction of a house or the execution of works (including the provision and installation of a private water supply and private sewerage facilities), a grant is made under an enactment repealed by this Act and but for subsection (1) of this section an enactment providing for— (a) the reduction of the rateable valuation of a tenement for rating purposes, (b) the non-increase of the rateable valuation of a tenement within a stated period, would have applied, such enactment shall, as respects the tenement, continue to apply as if this Act had not been enacted. (4) In this section, “rating purposes” has the same meaning as in section 33 of this Act. PART II Financial Provisions Chapter I Expenses under Act Expenses of administration of Minister. 7.—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 defrayed out of moneys provided by the Oireachtas. Charging of expenses of housing authority who are county council. 8.—The following provisions shall apply as respects the expenses under this Act of a housing authority who are the council of a county: (a) in case the authority are the council of a county not being a county in respect of which an order has been made under section 5 of the Local Government (Amendment) (No. 2) Act, 1934 , (in this section referred to as a dividing order) such expenses shall be charged on the county (exclusive of every borough and urban district therein); and (b) in case the authority are the council of a county in respect of which a dividing order has been made— (i) such expenses, other than expenses under section 39 of this Act, shall be charged on the rural sanitary area in respect of which the expenses were incurred, (ii) such expenses under the said section 39 shall be charged on the county (exclusive of every borough and urban district therein). Payment of expenses under section 111 of Act. 9.—(1) The expenses incurred in the performance under section 111 of this Act of a function of a housing authority to the extent certified by the Minister to be properly payable by the authority, shall on demand be paid to the Minister, the housing authority or other person by whom the expenses were incurred and shall be recoverable by the person or authority making the demand as a simple contract debt in any court of competent jurisdiction. (2) Where a sum is due to a housing authority by the Minister and, at the same time, expenses are recoverable under this section by the Minister from the authority, the sum may be set off against the expenses either, as may be appropriate, in whole or in part. Power to set off. 10.—Where a sum is due under this Act to any person by a housing authority and, at the same time, another sum is due from that person to the authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part. Chapter II Assistance of Certain Research, Training and Bodies Assistance by Minister of certain research and training. 11.—(1) The Minister may, with the consent of the Minister for Finance, make out of moneys provided by the Oireachtas, a grant or a loan on such terms and conditions as may be determined by the Minister, to any of the following: (a) a body which, in relation to housing, conducts research or provides training, (b) a person engaged, at the request of or with the concurrence of the Minister, in research in relation to housing. (2) Where the Minister proposes to make a grant or loan under this section in relation to a matter as respects which the Institute for Industrial Research and Standards may carry out research under the Industrial Research and Standards Act, 1961 , the Minister shall make the grant or loan only after consultation with the Minister for Industry and Commerce. Assistance by housing authority of certain bodies. 12.—(1) A housing authority may, with the consent of the Minister and on such terms and conditions as they think fit, assist another housing authority or a body to which this section applies, either in respect of the provision by the other authority or by the body of housing accommodation or in respect of some other matter, in one or more of the following ways: (a) by a loan, (b) by a periodic contribution to the funds of the other authority or the body, (c) by a guarantee of sums owed by the other authority or by the body in respect of borrowings. (2) This section applies to the following bodies: (a) a body whose objects include at least one of the following; (i) the provision of dwellings for elderly persons, (ii) the provision of dwellings which will help to secure one or more of the primary objectives to which a housing authority are required by subsection (3) of section 60 of this Act to have regard, (iii) the advance of money for the provision (including reconstruction or purchase) of dwellings, (iv) the conduct in relation to housing of research or the provision of training, (b) any other body approved by the Minister for the purposes of this section. (3) A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons. (4) A decision to make a periodic contribution or to give a loan or guarantee under this section shall be a reserved function. Chapter III Housing Loans and Grants, etc. Definition for purposes of Chapter III of Part II. 13.—In this Chapter, “providing” in relation to a house that has never been occupied includes purchasing the house and cognate words shall be construed accordingly. Regulations for purposes of sections in Chapter III of Part II. 14.—Without prejudice to the generality of the power of the Minister to make regulations for the purposes of any section contained in this Chapter, such regulations may provide for compliance by houses, flats or maisonettes with conditions as to site, aspect, planning, construction or number per acre or with prescribed plans or with such other plans as may be approved by the Minister. Grants by Minister for provision of houses. 15.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing one or more thanone house in respect of which a grant under any enactment (including this Act) has not been made, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if— (a) the house or each house contains at least three rooms and the total area of all the floors of the house when measured in the prescribed manner is neither less than five hundred square feet nor more than— (i) in case of a house in which sewerage facilities and a piped water supply are installed, fifteen hundred square feet, (ii) in any other case, fourteen hundred square feet, and (b) in case the house or each house is provided by a public utility society, the first occupier of the house or each house is a member of the society who occupies it as his normal place of residence. (2) A grant under this section in respect of a house shall not exceed the appropriate amount specified in the Table hereunder: TABLE Amount of Grant Person to whom grant may be made by Minister under this section Where sewerage facilities and piped water supply cannot reasonably be provided Where sewerage facilities and water supply are provided Where sewerage facilities and piped water supply are provided in an area where a public sewerage scheme or a public water supply is not available Number of rooms in house Number of rooms in house Number of rooms in house 3 4 5 or more 3 4 5 or more 3 4 5 or more £ £ £ £ £ £ £ £ £ Person (other than a public utility society) providing house 125 175 225 175 225 275 200 250 300 Public utility society providing house 135 185 235 185 235 285 210 260 310 Grants by Minister for provision of houses for farmers and others. 16.—(1) Subject to subsection (2) of this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing in a rural area a house in respect of which a grant under any enactment (including this Act) has not been made, a grant of such amount as may be appropriate having regard to subsection (3) of this section if, but only if— (a) the erection of the house commenced or commences on or after the 1st day of October, 1963, (b) the house contains at least three rooms and the total area of all the floors of the house when measured in the prescribed manner is not less than five hundred square feet nor more than— (i) in case of a house in which sewerage facilities and a piped water supply are installed, fifteen hundred square feet, or (ii) in any other case, fourteen hundred square feet, (c) the house is erected on a site other than a site in respect of which a contribution has been made by the Minister under section 44 or 45 of this Act, and (d) the house is occupied by the person as his normal place of residence or, in case the house is provided by a public utility society, the first occupier of the house is a member of the society who occupies it as his normal place of residence. (2) Grants under this section shall be made only if, in the opinion of the Minister, the person providing the house or, in case the house is provided by a public utility society, the first occupier of the house complies with the requirements of either paragraph (a) or paragraph (b) of this subsection, namely, that; (a) the said person or occupier is in need of housing and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, (b) the said person or occupier is ordinarily resident in a rural area and either so resides in an overcrowded house or in a house unfit for human habitation, or is in need of housing on medical, compassionate or other similar grounds, and the circumstances of the person or occupier are such that he could not provide a house for his own occupation without the aid of a grant under this section. (3) Subject to subsection (4) of this section, a grant under this section shall not exceed the appropriate amount specified in the Table hereunder: TABLE Amount of Grant Person to whom grant may be made by the Minister under this section Where sewerage facilities and piped water supply cannot reasonably be provided Where sewerage facilities and piped water supply are provided Number of rooms in house Number of rooms in house 3 4 5 or more 3 4 5 or more £ £ £ £ £ £ 1. Person (other than a public utility society) providing a house: where the rateable valuation or the aggregate of the rateable valuations of the land and buildings occupied by the person— (a) does not exceed £25 225 300 375 300 375 450 (b) exceeds £25 but does not exceed £40 175 250 325 250 325 400 (c) exceeds £40 but does not exceed £60 175 200 275 250 275 350 2. Public utility society providing a house of which the first occupier is a member of the society: where the rateable valuation or the aggregate of the rateable valuations of the land and buildings occupied by the said first occupier— (a) does not exceed £25 235 310 385 310 385 460 (b) exceeds £25 but does not exceed £40 185 260 335 260 335 410 (c) exceeds £40 but does not exceed £60 185 210 285 260 285 360 (4) In the Table to subsection (3) of this section, the references to £40 and £60 shall as respects a house the erection of which commenced before 1st July, 1965, be construed as references to £35 and £50 respectively. Grants by Minister for provision of second houses on transfer of certain holdings. 17.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing a house, who is ordinarily resident in a rural area and who derives his livelihood solely or mainly from the pursuit of agriculture, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if— (a) the erection of the house commenced or commences on or after 1st July, 1965, (b) the total floor area of all the floors of the house when measured in the prescribed manner is less than five hundred square feet, (c) the Minister is satisfied— (i) that the house is sufficient for the needs of the person by whom it is provided and is occupied by him as his normal place of residence, (ii) that the person has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and (iii) either that another house has been or will be vacated by the person and is or will be occupied by a member of the family of the person as his normal place of residence or that the Irish Land Commission have purchased or have agreed to purchase the other house. (2) A grant under this section shall not exceed— (a) in case sewerage facilities and piped water supply cannot reasonably be provided, one hundred pounds, (b) in case sewerage facilities and piped water supply are provided, one hundred and seventy-five pounds. Grants by Minister for erection of flats or maisonettes. 18.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person in respect of the erection of separate, self-contained flats or maisonettes in a building of three or more storeys, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if— (a) the erection of the building commenced or commences on or after the 1st day of December, 1964, and (b) the total area of all the floors of the flat or maisonette, as the case may be, when measured in the prescribed manner, is not less than two hundred and fifty square feet. (2) A grant under this section shall not in relation to each flat or maisonette exceed the appropriate amount specified in the Table hereunder: TABLE Amount of Grant Description of flat or maisonette Number of rooms in flat or maisonette 1 2 3 4 or more 1. A separate, self-contained flat or maisonette in a building of six or more storeys in which a lift is installed £ 175 £ 225 £ 275 £ 325 2. A separate, self-contained flat or maisonette in a building of three or more storeys other than as described at reference 1 above 125 175 225 275 (3) The Minister shall not make a grant under this section in respect of a flat or maisonette in respect of which a grant has been made under any enactment (including this Act). Grants by Minister for housing of elderly persons and others. 19.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, a grant to a body providing (whether by erection, purchase, reconstruction or conversion), with the approval of the Minister, one or more than one house for the accommodation of elderly persons, or for the accommodation, as their normal place of residence, in the house or houses or within the precincts thereof, of persons providing welfare or caretaker services for the elderly persons. (2) The amount of a grant under this section shall not exceed in respect of each separate dwelling provided— (a) in case the dwelling is provided for the accommodation of elderly persons, three hundred pounds, and (b) in case the dwelling is provided for the accommodation of persons other than elderly persons, fifty pounds as respects each room contained in the dwelling, or two hundred and fifty pounds, whichever is the less. Grants by Minister for provision of prototype houses. 20.—(1) The Minister may, with the consent of the Minister for Finance, and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, a grant to any person or body in respect of the erection of a house in accordance with plans and specifications approved by the Minister if the Minister is satisfied— (a) that a house has not previously been erected in accordance with the plans and specifications aforesaid or plans or specifications that are substantially the same as the plans and specifications aforesaid, and (b) that houses could be erected in accordance with the plans and specifications aforesaid either with greater speed than if they were erected by conventional methods, or at low cost, or that houses erected in accordance with the plans and specifications aforesaid, being houses of a type suitable for erection by a housing authority, could conveniently be transferred and erected on another site. (2) A grant under this section shall not exceed one-half of the amount estimated by the Minister to be the reasonable cost of erection of the house. (3) A grant may be paid under this Act (apart from this section) in respect of any further house erected with the approval of the Minister in accordance with plans and specifications that are the same as the plans and specifications of a house in respect of which a grant was made under this section or that differ from those plans and specifications only in respect of modifications approved of by the Minister, notwithstanding the fact that the house is not in compliance with any regulations made by the Minister for the purposes of the section under which the grant is made. Grants by Minister to persons for reconstruction of houses. 21.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person for the reconstruction of a house, in respect of each separate dwelling forming part of the house after the completion of the works, a grant of such amount as may be appropriate having regard to subsections (2) and (3) of this section. (2) Subject to subsection (3) of this section, a grant to a person under this section shall not exceed— (a) in case the person reconstructs a house for his own occupation, and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, two-thirds of the amount estimated by the Minister to be the cost of the works, and (b) in any other case, one-third of the amount estimated by the Minister to be the cost of the works. (3) A grant under this section shall not exceed— (a) in the case of a dwelling containing not more than three rooms, one hundred pounds, (b) in the case of a dwelling containing four rooms, one hundred and twenty pounds, and (c) in the case of a dwelling containing five or more rooms, one hundred and forty pounds. (4) A grant shall not be made under this section in respect of a house unless the Minister is satisfied that the house is suitable for reconstruction. (5) In this and in the next following section, “reconstruction” in relation to a house includes any works carried out to the house (whether for the purpose of extending, enlarging, improving or repairing the house) that, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the house more suitable for human habitation, but does not include decoration, and cognate words shall be construed accordingly. (6) Subject to subsection (7) of this section, the Minister shall not make a grant under this section in respect of a house in respect of which a grant under any enactment (including this Act), other than a grant for the provision and installation of a private water supply or private sewerage facilities or both such water supply and sewerage facilities, has been made within the preceding fifteen years under any enactment (including this Act). (7) A person shall not be disentitled to receive a grant under this section by reason of the fact that a grant has previously been made under any enactment (including this Act) in respect of works which were necessary because of damage caused to the house by wind, rain or flooding. Further grants by Minister for reconstruction of houses. 22.—(1) Where a grant for the erection, purchase, reconstruction, repair or improvement of a house is made under any enactment (including this Act), whether before or after the commencement of this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person for the reconstruction of the house a grant or grants of such amount as may be appropriate having regard to subsections (2) and (3) of this section if— (a) the works are necessary because of damage caused by wind, rain or flooding, (b) the works are occasioned by something (other than the matters referred to in paragraph (a) of this subsection) outside the control of the person aforesaid and the works are certified by an officer of the Minister to be urgently necessary for the conservation of the house, (c) the works are commenced less than fifteen but not less than ten years after the date of the payment of the last previous grant and consist of or include the replacement of roofing by roofing of slates, tiles or other material approved by the Minister, (d) the works consist of the provision of a fitted bathroom and involve an addition to the floor area of the house existing immediately before the commencement of the works, (e) the works consist of the provision of a room or rooms, involve an addition to the floor area of the house existing immediately before the execution of the works and are, in the opinion of the Minister, necessary for the relief of overcrowding, or (f) the works consist of the provision of a room or rooms, involve an addition to the floor area of the house existing immediately before the execution of the works and the Minister is satisfied that— (i) the house is situate in a rural area; (ii) the room or rooms, as the case may be, is or are occupied as his normal place of residence by a person who has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and is or are sufficient for the needs of that person. (2) Subject to subsection (3) of this section, a grant to a person under this section— (a) in respect of works of the kind specified in paragraph (a), (c) or (f) of subsection (1) of this section, shall not exceed— (i) in case the person reconstructs a house for his own occupation and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, two-thirds of the amount estimated by the Minister to be the cost of the works, and (ii) in any other case, one-third of the amount estimated by the Minister to be the cost of the works, (b) in respect of works of the kind specified in paragraph (b) of subsection (1) of this section, shall not exceed one-third of the amount estimated by the Minister to be the cost of the works, (c) in respect of works of the kind specified in paragraph (d) of subsection (1) of this section, shall not exceed— (i) one-third of the amount estimated by the Minister to be the cost of the works, or (ii) fifty pounds, whichever is the less, and (d) in respect of works of the kind specified in paragraph (e) of subsection (1) of this section, shall not exceed— (i) one-third of the amount estimated by the Minister to be the cost of the works, or (ii) fifty pounds for each room provided, whichever is the less. (3) A grant or the aggregate of the grants made at any one time under this section shall not exceed— (a) in the case of a house containing not more than three rooms, one hundred pounds, (b) in the case of a house containing four rooms, one hundred and twenty pounds, or (c) in the case of a house containing five or more rooms, one hundred and forty pounds. (4) A person shall not be disentitled to receive a grant under this section by reason of the fact that a grant has previously been made in relation to the house in respect of works of the kind specified in paragraph (a) of subsection (1) of this section. Grants by Minister for essential repairs. 23.—(1) Subject to subsection (2) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister may, with the consent of the Minister for Finance, make, out of moneys provided by the Oireachtas, a grant to a person in occupation of a house situate in a county health district carrying out essential repairs to the house. (2) A grant may be made under this section if, but only if— (a) the housing authority furnish to the Minister a certificate of the authority stating, and the Minister is satisfied, that the house cannot be made fit for human habitation, in all respects, at a reasonable cost and that the repairs in respect of which the grant is proposed to be made constitute at least the repairs that are necessary in order to prolong the life of the house, and (b) the repairs in respect of which the grant is proposed to be made are carried out in a satisfactory and efficient manner. (3) The repairs to a house in respect of which a grant is proposed to be made under this section may, with the consent of the person in occupation of the house, be carried out by the housing authority and, if the repairs are carried out by the authority, the Minister may pay the grant to the authority. (4) A grant under this section shall not exceed— (a) two-thirds of the amount estimated by the Minister to be the cost of the repairs in respect of which the grant is made, or (b) eighty pounds, whichever is the less. (5) A grant shall not be made under this section in respect of a house in respect of which a grant has previously been made under this section or section 5 of the Act of 1962. Grants by Minister to housing authority for improvement of houses. 24.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a housing authority executing improvement works on a house of which they are the owner, in respect of each separate dwelling forming part of the house after the completion of the improvement works, a grant of such amount as may be appropriate having regard to subsections (2) and (3) of this section. (2) Subject to subsection (3) of this section, a grant under this section shall not exceed— (a) in case the works consist wholly of works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section, one-third of the amount estimated by the Minister to be the cost of the works, (b) in case the works consist wholly of works of the kind mentioned in paragraph (e) or (f) of subsection (6) of this section, one-third of the amount estimated by the Minister to be the cost of the works, or (c) in case the works consist partly of works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section and partly of works of the kind mentioned in paragraph (e) or (f) of the said subsection (6) an amount which is the aggregate of one-third of the amount estimated by the Minister to be the cost of the works of the kind mentioned in the said paragraphs (a), (b), (c), (d) and (g) and one-third of the amount so estimated to be the cost of the works of the kind mentioned in the said paragraphs (e) and (f). (3) A grant under this section shall not exceed— (a) as respects works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section; (i) in case the dwelling contains not more than three rooms, one hundred pounds, (ii) in case the dwelling contains four rooms, one hundred and twenty pounds, (iii) in case the dwelling contains five or more rooms, one hundred and forty pounds, (b) as respects works of the kind mentioned in paragraph (e) or (f) of the said subsection (6); (i) in case both a private water supply and private sewerage facilities are installed, seventy-five pounds, (ii) in case a private water supply only is installed, fifty pounds, or (iii) in case private sewerage facilities only are installed, twenty-five pounds. (4) The Minister shall not make a grant under this section and under section 2 of the Local Government (Sanitary Services) Act, 1962 , in respect of the same private water supply or the same private sewerage facilities. (5) A grant shall not be made under this section in respect of a house unless the execution of the improvement works is commenced on or after the 1st day of December, 1964, and the Minister is satisfied that the house is suitable for the execution of the improvement works thereon and that on completion of the works the house is in all respects fit for human habitation. (6) In this section, “improvement works” in relation to a house means works consisting of any or all of the following: (a) the provision of an additional room or rooms involving an addition to the floor area of the house existing immediately before the execution of the works, and which, in the opinion of the Minister, is or are necessary for the relief of overcrowding; (b) the provision of a fitted bathroom involving an addition to the floor area of the house existing immediately before the execution of the works; (c) the provision and installation of a hot water system; (d) works within the house consisting of the provision and installation of a system for the supply of electricity; (e) the provision and installation of a private water supply; (f) the provision and installation of private sewerage facilities; or (g) the replacement or substantial reconstruction of a roof. (7) A grant shall not be made under this section in respect of a house for which a grant has previously been made under this section within a period of fifteen years. Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act. 25.—(1) Where a repairs notice has been served under section 66 of this Act by a housing authority and the authority, in pursuance of section 69, have executed the works necessary to render the house fit for human habitation as respects the matter or matters specified in the notice, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to the authority a grant of such amount as may be appropriate having regard to the following provisions of this section. (2) In case the works consist of works other than the provision and installation of a private water supply or private sewerage facilities, a grant under this section shall not exceed— (a) an amount not exceeding in relation to each separate dwelling forming part of the house after the completion of the works; (i) in the case of a dwelling containing not more than three rooms, one hundred pounds, (ii) in the case of a dwelling containing four rooms, one hundred and twenty pounds, (iii) in the case of a dwelling containing five or more rooms, one hundred and forty pounds, or (b) one third of the cost of executing the works, whichever is the less. (3) In case the works consist of or include the provision and installation of a private water supply or private sewerage facilities, the Minister may make a grant under section 2 of the Local Government (Sanitary Services) Act, 1962 , to the housing authority in respect of the provision and installation. Supplementary grants by housing authority to persons for provision of houses. 26.—(1) Where a relevant grant is made by the Minister or the Minister for the Gaeltacht, as the case may be, to or in respect of a person providing a house, the housing authority may, whether the relevant grant has been paid in whole or in part, make a supplementary grant to or in respect of the person who is the person first in occupation of the house after the erection or purchase thereof is completed in respect of the provision of the house, if, but only if— (a) the person derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by him does not exceed sixty pounds, or (b) the total, determined by the housing authority, of the income of the person and the income of his spouse (if any) does not exceed one thousand and forty-five pounds per annum. (2) A housing authority, in determining the income of a person applying for a grant under this section or of his spouse, may, if the person satisfies the authority that he or his spouse maintains at his or her own expense a dependant person, make such allowance as they think fit, subject to a maximum allowance of one hundred pounds in respect of each person so maintained, or four hundred pounds in the aggregate, whichever is the less. (3) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the relevant grant. (4) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit. (5) A determination of a housing authority of the amount of a grant under this section or of the income of a person applying for a grant under this section or of his spouse (if any) shall be final and not appealable. (6) A grant shall not be made under this section in respect of a house in respect of which a grant was made under section 9, 10 or 11 of the Act of 1952 or section 12 of the Act of 1962. (7) For the avoidance of doubt, it is hereby declared that in case a housing authority in making a determination of an income for the purposes of section 12 of the Act of 1962, made an allowance in respect of the maintenance of a dependant person at the expense of the person whose income was being so determined, the making of such allowance shall not affect …