Housing Act, 1966 | Europaius

In short

This law, the Housing Act, 1966, is about providing and managing housing, including financial assistance for housing, dealing with overcrowded and unfit houses, and the acquisition and disposal of land for housing purposes.

What it regulates

Financial provisions for housing, including grants and loans.
The provision and management of dwellings by housing authorities.
Rules and procedures for dealing with overcrowded and unfit houses.
The acquisition and disposal of land for housing.

Who it concerns

The Minister (presumably the Minister for Local Government, given the context of housing acts).
Housing authorities (local government bodies responsible for housing).
Individuals and bodies involved in providing, occupying, or seeking housing.

Key points

The Act outlines various grants available from the Minister for providing, reconstructing, or improving houses, including specific grants for farmers, elderly persons, and essential repairs.
Housing authorities can provide supplementary grants and loans for similar housing purposes.
Housing authorities have a duty to inspect and assess housing supply and condition, and to provide dwellings and building sites.
The Act defines "overcrowding" and sets out procedures for dealing with overcrowded and unfit houses, including repairs notices, closing orders, and demolition orders.

Legal text

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.

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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

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
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, and shall be deemed never to have affected, the validity of the determination.

(8)In case a housing authority make a grant under section 12 of the Act of 1962 on or after the 1st day of July, 1965, to or in respect of a person— (

a)who 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 exceeds fifty pounds but does not exceed sixty pounds, or (
b)the total, determined for the purposes of the said section 12 by the authority, of the income of the person and the income of his wife (if any) exceeded eight hundred and thirty-two pounds but did not exceed one thousand and forty-five pounds per annum, the fact that the said valuation exceeded fifty pounds or the said total exceeded eight hundred and thirty-two pounds per annum, shall not affect, and shall be deemed never to have affected, the validity of the making of the grant.

(9)In this section, “relevant grant” means a grant under— (a) subsection

(1)or subsection

(7)(inserted by the Housing (Gaeltacht) (Amendment) Act, 1959 of section 3 of the Housing (Gaeltacht) Act, 1929 , (

b)section 16 of the Act of 1948, (
c)section 2 of the Act of 1962, or (
d)sections 15 , 16 or 17 of this Act.

(10)This section in so far as it relates to a grant under section 16 of this Act shall be deemed to have come into operation on the 1st day of October, 1963. Supplementary grants by housing authority for erection of flats or maisonettes. 27.—

(1)Where a grant is made by the Minister to a person under section 18 of this Act in respect of the erection of flats or maisonettes, the housing authority may, whether the grant has been paid in whole or in part, make a supplementary grant to the person in respect of the erection of the flats or maisonettes, as the case may be.

(2)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 grant under the said section 18.

(3)A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit. Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes. 28.—

(1)Where a relevant grant is made by the Minister to— (

a)a body providing a house for the accommodation of elderly persons, or (
b)a body approved by the Minister for the purposes of this section providing a house, flat or maisonette, the housing authority may, whether the grant has been paid in whole or in part, make a supplementary grant to the body in respect of the provision of the house, flat or maisonette.

(2)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.

(3)A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.

(4)In this section, “relevant grant” means a grant under— (

a)section 16 of the Act of 1948, (
b)section 2 or 6 of the Act of 1962, or (
c)sections 15 , 18 or 19 of this Act, made in respect of a house, flat or maisonette, the erection of which commenced or commences on or after 1st day of October, 1963. Supplementary grants by housing authority for reconstruction of houses. 29.—

(1)Where a grant is made by the Minister whether before or after the commencement of this section to a person in respect of the reconstruction of a house, the housing authority may make a supplementary grant to the person.

(2)A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall exceed neither the amount of the grant made by the Minister nor the amount that, when added to the amount of the grant made by the Minister, equals two-thirds of the amount estimated by the Minister to be the cost of the reconstruction work.

(3)A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.

(4)A grant shall not be made under this section in respect of a house in respect of which a grant was made under subsection (3A) (inserted by the Housing (Amendment) Act, 1958 of section 16 of the Act of 1948, subsection

(3)of section 12 of the Housing (Amendment) Act, 1954 , or subsection

(1)of section 8 of the Act of

Supplementary grants and other assistance by housing authority for essential repairs. 30.—Where a grant is made by the Minister under section 5 of the Act of 1962, or section 23 of this Act to a person in respect of essential repairs to a house, the housing authority may make to the person a supplementary grant not exceeding the difference between the amount of the grant made by the Minister and the amount estimated by the Minister to be the cost of the essential repairs, contribute building materials or labour for the carrying out of the repairs to a value not greater than the amount of the difference aforesaid or make any payment in kind to the said person to a value not greater than the amount of the difference aforesaid. Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act,
31.—

(1)Where a grant is made by the Minister for the Gaeltacht to a person under subsection

(2), subsection

(3), (inserted by the Housing (Gaeltacht) (Amendment) Act, 1953 ) or subsection

(5)(inserted by the Housing (Gaeltacht) (Amendment) Act, 1959 ) of section 3 of the Housing (Gaeltacht) Act, 1929 , a housing authority may make to that person a supplementary grant.

(2)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 grant made under the said section 3.

(3)A grant shall not be made under this section in respect of work on a house in respect of which a grant was made under section 7 of the Housing (Amendment) Act, 1958 , or section 9 of the Act of 1962.

(4)Subsection

(1)of this section shall, as respects grants under subsection

(3)or paragraph (

a)or (
b)of subsection

(5)of the said section 3 to persons improving or extending a house or providing and installing private water supplies or sewerage facilities, have effect only if the improvement or extension, or the provision and installation commenced on or after the 30th day of June, 1958. Grants by certain housing authorities for accommodation for person suffering from pulmonary tuberculosis. 32.—

(1)Subject to subsection

(2)of this section, a housing authority who are the council of a county or the corporation of a county borough may make a grant to the owner or the person in occupation of a house providing an extra room in or attached to the house or a hut or chalet within the curtilage of the house.

(2)A grant may be made under this section if, but only if, the housing authority are satisfied that a member of the household of the house is suffering from pulmonary tuberculosis for which he is undergoing treatment and that the existing accommodation of the house is inadequate for his proper treatment or for his segregation from other members of the household.

(3)A grant under this section shall not exceed the cost, as approved by the Minister, of the provision of the extra room, hut or chalet.

(4)Where a housing authority make a grant under 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, recoup to the authority an amount not exceeding— (a) two-thirds of the amount estimated by the Minister to be the cost of providing the extra room, hut or chalet, or (b) two hundred pounds, whichever is the less.

(5)The works 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. Modification and restriction on increase of rateable valuation in certain cases. 33.—

(1)In every case in which a grant is made under section 15 , 16 , 17 , 18 or 20 of this Act, or in case a grant is made under section 6 of the Act of 1962 (repealed by this Act) or section 19 of this Act as respects the erection of a house, and a revision in the rateable valuation of the tenement consisting of or including the house, flat or maisonette, as the case may be, to which the grant relates is made, such amount of the revised valuation as is attributable to the erection of the house, flat or maisonette shall, in each of the nine successive local financial years following the local financial year in which the house, flat or maisonette is completed, be deemed to be reduced for rating purposes, by the proportion of such amount specified in the column of the Table to this section opposite the number of the year in the first column of the Table.

(2)In this section, “rating purposes” in relation to a tenement means the following (and no other) purposes, that is to say, the purpose of the assessment and levying of any rate raised by a local authority for the service of the local financial year in which the tenement is first rated on the increased valuation referred to in subsection

(1)of this section or for the service of any of the next following eight local financial years.

(3)Without prejudice to the generality of subsection

(2)of this section every computation for the purposes of the Income Tax Acts of the annual value of such tenement shall be made in like manner as if the full valuation were in force for the purposes of county rate or municipal rate, as the case may be, in relation to that year.

(4)In every case in which a grant is made under sections 21 , 23 , 25 or 32 of this Act, or in case a grant is made under section 6 of the Act of 1962 (repealed by this Act) or section 19 of this Act, as respects the reconstruction or conversion of a house, the valuation of the tenement consisting of or including the house to which any such grant relates shall not, on any valuation or revision of the valuation thereof coming into force within seven years after the completion of the relevant works, be increased on account of any increase in the value of such tenement arising from the relevant works.

(5)In this section, “the relevant works” means— (

a)in relation to a grant under section 6 of the Act of 1962 or section 19 of this Act as respects the reconstruction or conversion of a house—the reconstruction or conversion; (
b)in relation to a grant under the said section 21—the reconstruction within the meaning of the said section 21; (
c)in relation to a grant under the said section 23—the essential repairs; (
d)in relation to a grant under the said section 25—the works executed in pursuance of section 69 of this Act; (
e)in relation to a grant under the said section 32—the works executed in providing the extra room, hut or chalet. TABLE Reduction in Valuation of House, Flat or Maisonette Number of year Proportion of valuation First Nine-tenths Second Eight-tenths Third Seven-tenths Fourth Six-tenths Fifth Five-tenths Sixth Four-tenths Seventh Three-tenths Eighth Two-tenths Ninth One-tenth Repayment of grant to Minister or housing authority on breach of undertaking. 34.—

(1)Where the Minister or a housing authority has or have paid to any person or body a grant under this Part of this Act or an instalment of a grant, and in accordance with regulations applying in respect of the grant or as a condition of receiving the grant, the person or body, as the case may be, has given an undertaking to the Minister or the authority and the undertaking has not been complied with, the following provisions shall have effect: (a) the person or body shall be liable to repay to the Minister or the authority the amount of the grant or instalment, as the case may be; and (b) the amount may be recovered by the Minister or the authority from the person or body 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, the authority is liable under this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part. Withholding or reduction in amount of grant. 35.—

(1)Where, in the opinion of the Minister or a housing authority, as the case may be, a condition subject to which a grant under this Part of this Act has been allocated or a regulation applying in relation to the grant has not been complied with, the Minister or housing authority may withhold the grant or reduce the amount thereof by such sum as he or they consider appropriate.

(2)(a) Without prejudice to the generality of subsection

(1)of this section, the Minister may under this section refuse to allocate, withhold or reduce a grant in respect of any house, flat or maisonette where the amount of the consideration which is being charged for the house, flat or maisonette, whether by way of purchase money, rent or otherwise, exceeds— (

i)in case a maximum consideration order is for the time being in force and applies to the house, flat or maisonette—the appropriate maximum amount fixed by the order, and (
ii)in any other case—the amount appearing to the Minister, after he has considered any representations which the grantee may think fit to make, to represent reasonable value. (
b)In the foregoing paragraph, “maximum consideration order” means an order made by the Minister fixing for the purposes of this subsection the maximum consideration for houses, flats or maisonettes. (
c)Any such order may be revoked or amended by a subsequent order. Making of grant to successor of deceased applicant. 36.—Where a person who applies for a grant under this Part of this Act dies before the grant is made, the grant may, subject to the provisions of this Part of this Act, be made to his successor in title. Restriction of local Acts and other provisions. 37.—In so far as the provisions of any local Act or of any bye-laws, rules, regulations or scheme under whatever authority made, relating to the construction, laying out or drainage of new buildings are inconsistent with any regulations made by the Minister for the purposes of a section contained in this Part of this Act, those provisions shall not apply in relation to any house in respect of which a grant is made by the Minister under this Part of this Act and which is in compliance with the regulations so made or is erected in accordance with plans and specifications approved by the Minister. Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument. 38.—The Minister may, with the consent of the Minister for Finance, make a grant under this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in relation to the grant if a certificate of approval in respect of the relevant premises has been issued by an officer of the Minister and the Minister is satisfied that the applicant for the grant has acted in good faith in proceeding to erect, purchase, reconstruct, improve, convert or repair the premises. Loans by housing authority for acquisition or construction of houses. 39.—

(1)A housing authority may, subject to regulations made by the Minister for the purposes of this section with the consent of the Minister for Finance, lend money to a person for the purpose of acquiring or constructing a house.

(2)Regulations made for the purposes of this section may, in particular, but without prejudice to the generality of section 5 of this Act, make provision with respect to all or any one or more of the following matters: (

a)the class or classes of persons to whom loans may be made under this section and the minimum contribution to be made at the time of the acquisition or construction of a house by a person to whom a loan is made under this section towards the cost of such acquisition or construction; (
b)the class or classes of houses in respect of which loans may be made under this section; (
c)the maximum amount of and the security for a loan underthis section and the method of ascertaining the value of a house in respect of which a loan under this section is sought; (
d)the repayment of loans made under this section, including the manner of and period for such repayment; (
e)the payment of interest on loans made under this section and the fixing of the rate of such interest; (
f)the conditions subject to which a house in respect of which a loan is made under this section is held by a borrower during the period until the loan is repaid, and the interest thereon is paid, to the housing authority; (
g)the personal liability of the owner of a house in respect of which a loan is made under this section for the repayment of any sum due in respect of the loan and for the payment of any sum due in respect of interest on the loan; (
h)the giving of notice to a borrower requiring him to comply with a condition subject to which a loan is made to him under this section or subject to which a house in respect of which a loan is made under this section, is held by him or requiring him to comply with the provisions of any regulations under this section; (
i)the payment by instalments of loans made under this section in respect of houses in course of construction; (
j)the transfer by the borrower of his interest in a house in respect of which a loan (other than a loan in relation to which an agreement has been made under subsection

(3)of this section) is made under this section by a housing authority at a time when the loan or part of it or the interest thereon or part of it has not been repaid or paid, as the case may be, to the authority.

(3)In case regulations made for the purposes of this section enable a loan by a housing authority under this section to be secured by a second mortgage or a second charge on the house to which the loan relates the authority may, for the purpose of securing the loan, enter into and carry out an agreement.

(4)Where default is made in complying with any regulations under this section or any of the conditions subject to which a loan (other than a loan secured by a second mortgage or a second charge) is made under this section by a housing authority, or subject to which a house in respect of which such a loan is made under this section, is held by the borrower or, in the case of the bankruptcy of the borrower of such a loan, the authority may recover possession of the house (whatever may be its value) under sections 84 to 89 of the Act of 1860 as if the authority were the landlord and the borrower were the tenant.

(5)Where a housing authority recover possession of a house under subsection

(4)of this section, all the estate, right, interest and title of the borrower in the house shall vest without any conveyance or transfer in the authority and the authority may use the house for the purposes of any of their functions or sell or otherwise dispose of it as they think fit.

(6)Where a housing authority recover possession of a house under subsection

(4)of this section, they shall pay to the borrower a sum equal to the value of the interest in the house at the disposal of the authority, after deducting therefrom the amount of the loan then remaining unpaid, any sum due for interest and all costs incurred by the authority in the recovery of possession and disposal of the house including the costs incurred by the authority in relation to any arbitration under subsection

(7)of this section.

(7)In default of agreement between a housing authority and a borrower, the value of the interest in a house at the disposal of the authority shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act, 1960 .

(8)In this section, “borrower” means a person to whom a loan is made under this section and includes the successor in title of a person to whom a loan is made under this section. Loans by housing authority for reconstruction, repair, and improvement of houses. 40.—

(1)A housing authority may, subject to such conditions as may be approved by the Minister, make a loan to a person (in this section referred to as the borrower) carrying out reconstruction, repair or improvement works on a house, provided that the authority is satisfied that— (

a)after the proposed works are carried out, the house will be fit for human habitation, (
b)the proposed works are necessary for the purpose of providing suitable housing accommodation, and (
c)the house is suitable for reconstruction, repair or improvement, as the case may be.

(2)Subject to subsection

(3)of this section, repayment of a loan under this section in respect of a house shall be secured by— (

a)an instrument vesting the ownership of the house in the housing authority subject to the right of redemption by the borrower, (
b)by charging the house under the Registration of Title Acts, 1891 and 1942, with the repayment of the loan (together with interest payable thereon), (
c)by deposit with the housing authority of the land certificate issued under the said Acts, in relation to the house, or (
d)where such ownership is already vested in a person other than the borrower subject to the right of redemption of the borrower, an instrument of further charge charging the repayment of the loan (together with the interest payable thereon) under this section on the house and making the said right of redemption subject also to the repayment of the loan (together with the interest payable thereon) under this section.

(3)In case the loan proposed to be made under this section does not exceed two hundred pounds, the housing authority may, at their discretion, make the loan without requiring the security mentioned in subsection

(2)of this section.

(4)Any sum due to a housing authority by any person in respect of a loan made under this section may be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.

(5)For the purposes of this section, “ownership” shall be such interest or combination of interests in a house as will constitute either a fee simple (including fee farm) interest in possession or a leasehold interest in possession of such number of years unexpired at the date on which the loan under this section in respect of the house is authorised by the housing authority as is equal to or greater than the sum of the term fixed for the repayment of the loan and fifteen years. Sale by Land Commission of land subject to charge in favour of housing authority. 41.—Where land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and— (

a)there is for the time being in force in relation to the land an instrument vesting an interest in the land in a housing authority for the purposes of securing a loan under this Chapter, or (
b)such land is subject to a charge in favour of the housing authority to secure a loan under this Chapter, the land shall be sold subject to the instrument or charge and to the relevant provisions of this Chapter and any regulations under section 39 of this Act in addition to any charge, incumbrance or liability subject to which the land is, apart from this subsection, required by law to be sold. Schemes for guarantees. 42.—

(1)A housing authority may, in accordance with a scheme approved by the Minister, guarantee a loan or part of a loan by a building society, an assurance company, a bank or other industrial or commercial organisation for the erection, purchase or reconstruction of a house.

(2)The Minister, with the consent of the Minister for Finance, may recoup out of moneys provided by the Oireachtas, not more than fifty per cent. of the expenditure by a housing authority in meeting a guarantee under a scheme under this section if the Minister is satisfied— (

a)that the loan would not have been made if the guarantee had not been given or that the guarantee was given in relation to such part of the loan as represents the excess of the loan over the loan that would have been made if the guarantee had not been given, and (
b)that the amount paid by the housing authority in meeting the guarantee did not exceed two-thirds of the loss which arose from the making of the loan or of the part of the loan referred to in paragraph (
a)of this subsection, as the case may be.

(3)The making of a scheme under this section shall be a reserved function.

(4)In this section— “assurance company” has the same meaning as in the Insurance Act, 1936 ; “building society” means a society to which the Building Societies Acts, 1874 to 1942, apply. Guarantee of advances to builders. 43.—

(1)Subject to subsection

(2)of this section, a housing authority may guarantee an advance by any person to a person carrying out the erection or reconstruction of a house or the provision and installation of a private water supply or private sewerage facilities in respect of which a grant has been allocated under the Housing (Gaeltacht) Acts, 1929 to 1964, the Local Government (Sanitary Services) Act, 1962 , or this Act.

(2)A guarantee under subsection

(1)of this section may be subject to such terms and conditions as the housing authority think fit but, in respect of any house, shall not be for an amount exceeding the aggregate of the amount of the said grant together with the amount of the supplementary grant which an authority may make under the Local Government (Sanitary Services) Act, 1962 , or this Act, in respect of the provision or reconstruction of the house or the provision and installation of the private water supply and sewerage facilities, as the case may be. Chapter IV Contributions by Minister to Certain Annual Loan Charges Contributions by Minister to certain annual loan charges of housing authorities. 44.—

(1)Subject to subsections

(2)and

(3)of this section and to such regulations as may be made by him 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, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a housing authority in respect of money borrowed by them for— (

a)the provision under this Act of dwellings in respect of which a grant under section 15 of this Act has not been made, or (
b)the provision of sites for building purposes, provided that the Minister is satisfied that the work of developing the site commenced on or after the 1st day of July, 1965.

(2)In the case of dwellings mentioned in subsection

(1)of this section, the following provisions shall apply as respects a contribution under subsection

(1)of this section, other than a special contribution: (

a)the contribution shall not exceed sixty-six and two-thirds per cent. of such annual loan charges in case the Minister is satisfied that the dwellings are provided— (
i)after the commencement of this section, for the accommodation of elderly persons, (
ii)for the accommodation of persons displaced, whether before or after the commencement of this section, or to be displaced— (I) by any of the operations of a housing authority under this Act, (II) under section 77 of the Local Government (Planning and Development) Act, 1963 , (including, in particular, any operations under an arrangement for the development of land made or carried out by a housing authority with a person or body under subsection

(3)of the said section 77) or (III) under section 3 of the Local Government (Sanitary Services) Act, 1964 , (iii) for the accommodation of persons displaced by the collapse or destruction of their former houses, (

iv)for the accommodation of persons living in overcrowded conditions, (
v)for the accommodation of persons who are in need of housing on medical, compassionate or other similar grounds if the circumstances of the persons would not permit them to be otherwise housed, (
b)the contribution shall not exceed thirty-three and one-third per cent. of such annual loan charges in any other case.

(3)In the case of sites for building purposes provided under this Act, a contribution under subsection

(1)of this section shall not exceed thirty-three and one-third per cent. of such annual loan charges.

(4)Without prejudice to the generality of the power to make regulations for the purposes of this section, any such regulations may provide for all or any of the following conditions in respect of dwellings, sites for building purposes or other land, irrespective of whether or not a contribution towards annual loan charges is made under or by virtue of this Chapter in respect of the dwellings, sites or other land: (

a)conditions as to the rents of dwellings; (
b)conditions as to building standards; (
c)conditions for requiring contributions from the municipal or county rate (as may be appropriate) towards the costs incurred by a housing authority in respect of their housing services; (
d)conditions as to the maintenance of dwellings; (
e)conditions as to the sale or lease under this Act of dwellings or other land; (
f)conditions as to the development of sites for building purposes; provided that regulations making provision for conditions mentioned in paragraph (
e)of this subsection shall be made only after consultation with the Minister for Finance.

(5)Where before the commencement of this section a contribution was made or could, in the opinion of the Minister, have been made under an enactment repealed by this Act towards the annual loan charges in respect of money borrowed by a housing authority for the provision of dwellings, a contribution to those charges shall not be made under this section, but the contribution so made or which in the Minister's opinion could have been so made together with any further contribution which but for the repeal would fall to be made by the Minister under the enactment may, subject to subsections

(6)and

(7)of this section, be made by the Minister as if this Act had not been enacted.

(6)A contribution made by virtue of subsection

(5)of this section may, if the Minister thinks fit, be so made subject to conditions including all or any of the conditions mentioned in paragraphs (a), (c), (d) or (e) of subsection

(4)of this section.

(7)Every contribution to annual loan charges under or by virtue of this section may be made by the Minister either direct to the housing authority or on their behalf to the person from whom was borrowed the money in respect of which such loan charges were incurred.

(8)For the purposes of this section, the amount of any money borrowed by a housing authority for the provision of dwellings or of sites for building purposes shall be deemed not to exceed an amount calculated in the manner prescribed by regulations made by the Minister for the purposes of this section and a particular method of calculation may be prescribed in relation to dwellings or sites in a particular area or of a particular type, or dwellings requiring extra expenditure because of their location, site, design or form of construction.

(9)In this section, “a special contribution” means a contribution under subsection

(1)of this section made by the Minister towards the annual loan charges incurred by a housing authority who are the council of a county in respect of a dwelling as respects which he is satisfied that it is a dwelling provided by the authority on or after the 1st day of October, 1963, in a rural area for the accommodation of a person who derives his livelihood or a substantial proportion thereof from the pursuit of agriculture and who occupies land the rateable valuation or the aggregate of the rateable valuations of which (exclusive of any buildings thereon) does not exceed five pounds. Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes. 45.—

(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, from time to time make, out of moneys provided by the Oireachtas, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a body approved by the Minister for the purposes of this section in respect of money borrowed by them for the provision of dwellings or sites for building purposes to which this section applies.

(2)This section applies to dwellings and sites for building purposes in relation to which the Minister is unable to make a contribution by reason only of the fact that the dwellings or sites were provided other than by a housing authority.

(3)A contribution to annual loan charges made under this section shall not exceed in amount the maximum amount of the contribution which could be made by the Minister under section 44 of this Act if the dwellings or sites to which the contribution relates had been provided by a housing authority.

(4)Every contribution to annual loan charges under this section may be made by the Minister either direct to the body or on their behalf to the person from whom was borrowed the money in respect of which such loan charges were incurred. Withholding or reduction in amount of contributions. 46.—If at any time the Minister is satisfied that a body approved by him for the purposes of section 45 of this Act or a housing authority has or have failed to observe any conditions subject to which a contribution towards annual loan charges is made under or by virtue of this Chapter, the Minister may reduce the amount of any such contribution, or suspend or discontinue its payment, as he thinks proper. Payment by Minister in lieu of contributions to annual loan charges. 47.—

(1)Where the Minister is entitled to make, but has not made, a contribution under this Chapter towards annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of section 45 of this Act, the Minister may, if he thinks fit, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the contribution pay to the borrower or to the person from whom the money was borrowed a sum of such amount as may be determined by the Minister but not exceeding the maximum contribution which the Minister is so entitled to make.

(2)Where a contribution has been made by the Minister under or by virtue of this Chapter towards the annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of the said section 45, the Minister may, if he thinks fit, at any time, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the further contributions, pay to the borrower or to the person from whom the money was borrowed a sum determined by the Minister to be equal to the capital value of the further contributions.

(3)Where the Minister has made a payment under this section and, as a condition of making the payment, has been given an undertaking which has not been complied with, the following provisions shall have effect: (

a)the authority or body shall be liable to repay to the Minister the amount of the payment; and (
b)the amount may be recovered by the Minister from the authority or body as a simple contract debt in any court of competent jurisdiction.

(4)Where a sum is due to a housing authority by the Minister and, at the same time, the authority is liable under subsection

(3)of this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.

(5)In this section, the “further contributions” means the contributions or contribution towards the annual loan charges incurred by a housing authority or by a body approved by the Minister for the purposes of the said section 45 in respect of borrowed money which, but for the making by the Minister of a payment in accordance with the provisions of subsection

(2)of this section, would fall to be made by him under or by virtue of this Chapter. Subsidy by Minister in respect of certain loan charges. 48.—

(1)The Minister may, with the consent of the Minister for Finance, pay, out of moneys provided by the Oireachtas, to a housing authority in respect of money to which this section applies and borrowed by the authority, a subsidy (in this section referred to as the interest subsidy) equal to the difference between the loan charges incurred in respect of such money and the loan charges on the same amount calculated at such lesser rate or rates of interest as may be determined by the Minister.

(2)The interest subsidy shall neither be reckoned as a contribution to annual loan charges for the purposes of section 44 of this Act nor affect the amount of a contribution payable by virtue of subsection

(5)of the said section 44.

(3)This section applies only to money borrowed for the purposes of the Housing of the Working Classes Acts, 1890 to 1958, or the Labourers Acts, 1883 to 1962, by a housing authority from the local loans fund on or after the 5th day of May, 1948, for the provision of houses, cottages or other housing accommodation to which, immediately before the commencement of this section, the Housing (Loan Charges Contributions) Regulations, 1932 to 1951, applied.

(4)In case the Minister has paid subsidy under section 15 of the Housing (Amendment) Act, 1958 , during the financial year which commenced next before the commencement of this section, the interest subsidy as respects the money to which the subsidy under the said section 15 related shall not be paid during the said financial year. Chapter V Displacement Allowances Power of housing authority to make allowances to certain persons displaced. 49.—

(1)A housing authority may pay to any person displaced from premises by reason of— (

a)the acquisition by the authority of the premises for the purposes of this Act, or (
b)the service of a repairs notice, or the making of a closing order or a demolition order, or (
c)the carrying out of an undertaking which has been accepted under subsection

(5)or

(8)of section 66 of this Act by an authority, such reasonable allowance as the authority think fit towards the expenses incurred by him in moving from the premises to other premises.

(2)In case a housing authority are of the opinion that a person to whom this subsection applies has suffered or will suffer hardship by reason of the displacement, the authority may, with the consent of the Minister, pay to him (in addition to an allowance under subsection

(1)of this section) such reasonable allowance as they think fit towards— (

a)in case the person carries on any trade or business in the premises from which he is displaced—the loss which, in their opinion, the person will sustain by reason of the disturbance of his trade or business consequent upon his displacement, and (
b)in any other case—the loss which, in their opinion, the person will sustain by reason of his displacement.

(3)Subsection

(2)of this section applies to a person mentioned in subsection

(1)of this section who carries on any trade or business in the premises from which he is displaced, or who ordinarily resides in such premises for not less than six months prior to the displacement.

(4)In estimating the loss mentioned in paragraph (a) of subsection

(2)of this section the housing authority shall have regard to the period for which the premises occupied by the person might reasonably have been expected to be available for the purpose of his trade or business and the availability of other premises suitable for that purpose. Chapter VI Stamp Duties Remission of stamp duties on certain agreements, etc. 50.—No stamp duty shall be payable on any agreement, deed, or other instrument relating to a letting of a dwelling mentioned in subsection

(3)of section 58 of this Act on a tenancy for a month or a less period than a month. Amendment of section 12 of Finance Act,

51.—Where the compensation payable in respect of an interest which becomes vested in a housing authority by virtue of a vesting order is not finally ascertained at the time of such vesting, section 12 of the Finance Act, 1895 , shall have effect, as respects the vesting of that interest, as if for the reference therein to the date of vesting there were substituted a reference to the date on which the compensation is finally ascertained. Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act,
52.—

(1)Subject to the following subsections of this section, this section applies to every instrument giving effect to the purchase of a house, flat or maisonette, upon the erection thereof.

(2)Section 13 of the Finance (No. 2) Act, 1947 , and section 24 of the Finance Act, 1949 , shall not apply to any instrument to which this section applies and, in lieu thereof, such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted.

(3)Subsection

(2)of this section shall have effect if, but only if, there is endorsed on the instrument a certificate by a person authorised by the Minister for the purposes of this section that— (a) a grant under section 2 or 7 of the Act of 1962 has been, or will, by virtue of subsection

(2)of section 6 of this Act, be made, or (b) a grant under section 15 , 16 , 17 , 18 or 20 of this Act has been or will be made in respect of the house so purchased.

(4)Where— (

a)an instrument has been charged with stamp duty in accordance with the said section 13 or the said section 24, (
b)a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and (
c)it is shown to the satisfaction of the Revenue Commissioners that there could properly have been endorsed on the instrument a certificate under subsection

(3)of this section, the instrument shall be deemed to have endorsed on it such certificate and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped.

(5)In any such case as is referred to in subsection

(4)of this section, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument and the amount deemed to be chargeable thereon by virtue of subsection

(4)of this section, provided that the application for repayment is made within two years after the date of the instrument. PART III Provision and Management of Dwellings Duty of housing authority to make inspection and to assess adequacy of supply and condition of housing. 53.—

(1)It shall be the duty of a housing authority, within such period after the commencement of this section as may be specified by the Minister and thereafter either at least once in every five years or at such intervals, being less than five years, as the Minister may direct from time to time, to inspect the houses in their functional area and to ascertain— (

a)to what extent there exist in the area houses which are in any respect unfit or unsuitable for human habitation, (
b)any overcrowding existing in the area, and (
c)such other matters as the Minister may specify from time to time, and having regard to the information obtained by the inspection, and such other information as may be relevant, to assess, as respects the area, the adequacy of the supply of housing and the prospective future demand for housing and to cause a report thereon to be prepared.

(2)For the purposes of the preparation of a report under this section, a housing authority shall make such enquiries and keep such records as may appear to them to be necessary or expedient, or which the Minister may direct. Review by housing authority of cost of housing services. 54.—

(1)It shall be the duty of a housing authority, within such period after the commencement of this section as may be specified by the Minister and thereafter at such intervals as the Minister may direct from time to time, to prepare a review of the cost of their housing services.

(2)In preparing a review under this section the housing authority shall have regard to the following: (

a)the income accruing from dwellings provided by the authority under this Act, whether from rents, purchase annuities or otherwise, (
b)the maintenance, management, administrative or other expenses (including annual loan charges) incurred in respect of such dwellings, (
c)the anticipated cost of the authority's current or proposed building programme, and (
d)such other matters as the Minister may specify from time to time.

(3)A review under this section shall be in such form and shall include such matters as may be specified by the Minister from time to time. Building programmes. 55.—

(1)It shall be the duty of a housing authority, within such period after the commencement of this section as may be specified by the Minister and thereafter either at least once in every five years or at such intervals, being less than five years, as the Minister may direct from time to time, to prepare and adopt a programme (in this Act referred to as a building programme) setting out the works which they propose to undertake having regard to the housing needs of their functional area.

(2)A building programme shall be in such form as the Minister may from time to time direct and shall include the proposals of the housing authority, as respects the period to which the programme relates, for the provision of houses, amenities, buildings and other land together with the ancillary works or services to be provided in connection therewith, together with the proposals of the authority for the assistance of persons providing houses for their own occupation, and for the execution of repair works, together with such other information as the Minister may require, and the housing authority may, if they think fit, include in the programme, an order of priorities relating to any one or more of the following: (a) particular projects; (b) projects in particular areas; (c) projects to provide housing accommodation for particular categories of persons.

(3)In preparing a building programme, a housing authority shall have regard to the following objectives: (

a)the repair, closure or demolition of houses which are unfit or unsuitable for human habitation; (
b)the elimination of overcrowding; (
c)the provision of adequate and suitable housing accommodation for persons (including elderly or disabled persons) who, in the opinion of the authority, are in need of and are unable to provide such accommodation from their own resources; (
d)the provision of adequate housing accommodation to meet needs arising from the obsolescence of dwellings or the prospective increase in the population; (
e)the provision of adequate and suitable sites for building purposes; (
f)the securing of the objectives contained in a development plan under the Local Government (Planning and Development) Act, 1963 , for the area which comprises or includes, as the case may be, the functional area of the authority; (
g)the encouragement by the authority of the provision by persons of houses for owner-occupation by the owner or for letting.

(4)Where a housing authority have prepared and adopted a building programme they shall review the programme from time to time as the Minister or occasion may require and make in it and adopt any variations which they consider proper.

(5)The adoption under this section of either a building programme or a variation in a building programme shall each be a reserved function. Provision of dwellings. 56.—

(1)A housing authority may erect, acquire, purchase, convert or reconstruct, lease or otherwise provide dwellings (including houses, flats, maisonettes and hostels) and such dwellings may be temporary or permanent.

(2)A housing authority may, in connection with dwellings provided, to be provided or which in the opinion of the authority will in the future require to be provided under this Act, provide and, if they think fit, maintain in good order and repair roads, shops, playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and such other works or services, as will, in the opinion of the authority, serve a beneficial purpose either in connection with the requirements of the persons for whom the dwellings are provided or in connection with the requirements of those persons and of other persons. Power of housing authority to provide building sites. 57.—A housing authority may provide sites for building purposes on land acquired or appropriated by them for purposes of this Act and in connection with the provision of such sites may construct roads and lay out open spaces on the land and provide such other services and carry out such other works as may be necessary for or incidental to the development of the land for building purposes, including works or services necessary for or incidental to the development of the land for places of worship, factories, schools, shops, offices, playgrounds, places of recreation, parks and open spaces. Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith. 58.—

(1)Subject to the following provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, the management and control of any dwelling, building or other land of which a housing authority are the owner and of any works or services, provided by the authority under this Act, shall be vested in and exercised by the authority.

(2)A housing authority may reconstruct, enlarge or improve any dwelling or other building of which they are the owner.

(3)Subject to the said regulations, a housing authority may as respects a dwelling provided under this Act of which they are the owner charge such rent or other payment for the tenancy or occupation thereof as they may determine from time to time and as respects any buildings or other land or works or services provided under this Act the authority may make such charge, whether by way of rent or otherwise, as they shall think fit.

(4)Without prejudice to the generality of subsection

(1)of this section, regulations made by the Minister for the purposes of this section may provide for all or any of the following matters: (

a)the maximum number of persons who shall be permitted to occupy dwellings to which the regulations apply on any letting; (
b)the terms and conditions to be included in any agreement under which any person is permitted to occupy or use such dwellings; (
c)matters to which a housing authority shall have regard in determining rents; (
d)such other matters as the Minister may consider necessary or expedient for the purpose of securing the proper and efficient management of such dwellings.

(5)The Land Law (Ireland) Act, 1881 , shall not apply as respects the letting by a housing authority of an allotment provided under section 56 of this Act, and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month. Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928. 59.—Subsection

(3)of section 1 of the Local Government (Rates on Small Dwellings) Act, 1928 , shall be construed as if the references to houses or cottages included references to dwellings provided under this Act. Duty of housing authority to make scheme of priorities for letting housing accommodation. 60.—

(1)It shall be the duty of a housing authority to make in accordance with this section within one year from the commencement hereof and thereafter from time to time as they shall think fit, a scheme determining the priorities to be accorded to categories of persons specified in the scheme in the letting of dwellings provided by the authority under this Act and of which they are the owner.

(2)Where a housing authority have made a scheme under this section, they may from time to time review the scheme and make in it any amendments which they consider proper.

(3)In making or amending a scheme under this section the housing authority shall have regard to the following primary objectives: (

a)the repair, closure or demolition of houses which are unfit in any respect for human habitation; (
b)the elimination of overcrowding; (
c)the provision of adequate and suitable housing accommodation for persons (including elderly or disabled persons) who, in the opinion of the housing authority are in need of and are unable to provide such accommodation from their own resources; (
d)the provision of adequate and suitable housing accommodation for persons suffering from pulmonary tuberculosis.

(4)A scheme made under this section may specify that particular priorities shall be accorded to particular categories of persons in the letting of particular dwellings.

(5)A scheme under this section, or an amendment to any such scheme, shall be made only with the approval of the Minister.

(6)The Minister may from time to time require a housing authority as respects any matter in a scheme made under this section to vary the scheme in a manner directed by him and thereupon it shall be the duty of the authority to comply with the direction within such time as may be specified by the Minister in that behalf, and this subsection shall neither be construed nor operate to enable the Minister to direct the letting of a dwelling to any individual person.

(7)Whenever a scheme under this section comes into force the following shall apply: (

a)regulations which, immediately before the scheme came into force, applied in respect of dwellings to which the scheme relates, shall, in so far as they provide for the determination of preferences or priorities to be accorded to persons in the letting of the dwellings, cease to have effect; (
b)lettings by the housing authority of dwellings to which the scheme relates shall be in accordance with the provisions of the scheme.

(8)For the purpose of determining the order of priority to be followed in the making of lettings to persons in accordance with the relevant scheme under this section the housing authority shall obtain and have regard to a report from their chief medical officer.

(9)A housing authority shall, upon request, permit a scheme made by them under this section to be inspected during office hours by any person.

(10)The making of a scheme under this section or an amendment to any such scheme shall be a reserved function. Requiring information from tenants and persons applying for tenancies. 61.—

(1)A housing authority may, for the purposes of enabling them to determine the rent that shall be payable by a person to whom they have let or who has applied to have let to him a dwelling provided under this Act, require the person to furnish to the authority, within a specified period ending not less than fourteen days after being so required, particulars in writing of the following matters: (

a)the number of members of the person's family residing with him, together with their ages, sex, occupations and conditions of health; (
b)the weekly income of the person and of each of the members of his family residing with him; (
c)any assistance, benefit or allowance received by or on behalf of the person or a member of his family residing with him from state funds or under the Public Assistance Act, 1939, the Health Acts, 1947 to 1960, or from any other source whatsoever; (
d)the means of transport available to bring such person and the members of his family residing with him to their places of work, or in the case of children, to school and the cost of such transport; (
e)the terms upon which premises are occupied by him, the amount of rent payable in respect of such premises and the name and address of the person to whom such rent is payable.

(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 this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. Recovery of possession of dwellings and other buildings. 62.—

(1)In case, (

a)there is no tenancy in— (
i)a dwelling provided by a housing authority under this Act, (
ii)any building or part of a building of which the authority are the owner and which is required by them for the purposes of this Act, or (iii) a dwelling of which the National Building Agency Limited is the owner, whether by reason of the termination of a tenancy or otherwise, and (
b)there is an occupier of the dwelling or building or any part thereof who neglects or refuses to deliver up possession of the dwelling or building or part thereof on a demand being made therefor by the authority or Agency, as the case may be, and (
c)there is a statement in the demand of the intention of the authority or Agency to make application under this subsection in the event of the requirements of the demand not being complied with, the authority or Agency may (without prejudice to any other method of recovering possession) apply to the justice of the District Court having jurisdiction in the district court district in which the dwelling or building is situate for the issue of a warrant under this section.

(2)Where— (

a)the rent of any dwelling let by a housing authority under this Act or by the National Building Agency Limited either on a monthly tenancy or on a tenancy for a less period than a month, is in arrears for a period of not less than one month, and (
b)the dwelling is, in the opinion of the authority or the Agency, as the case may be, abandoned by the person to whom it was so let, and (
c)the dwelling is not actually occupied by any person, the authority or the Agency may give to the person to whom the dwelling was so let notice, being of not less duration than that which would be required to terminate the tenancy by notice to quit, of their intention to resume possession of the dwelling andin case notice is duly given under this subsection and if, but only if, at the expiration of the notice the said rent in arrears is unpaid, the authority or Agency may resume possession of the dwelling and thereupon the tenancy therein shall by virtue of this subsection terminate.

(3)Upon the hearing of an application duly made under subsection

(1)of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the demand mentioned in the said subsection

(1)has been duly made, issue the warrant.

(4)The provisions of sections 86, 87, and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection

(1)of this section, the name of the occupier of a dwelling or building or part thereof cannot by reasonable enquiry b

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