Housing Policy
Housing (Miscellaneous Provisions) Act 2009
PART 1
PRELIMINARY AND GENERAL
Section 1
Short title, collective citation, construction and commencement.
1.— (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2009.
(2) The Housing Acts 1966 to 2004 and this Act (other than section 100) may be cited together as the Housing Acts 1966 to 2009 and shall be construed together as one Act.
(3) Section 100 and, in so far as it relates to that section, this section shall be construed as one with the Residential Tenancies Acts 2004 and 2009 and shall be included in the collective citation “Residential Tenancies Acts 2004 and 2009”.
(4) This Act (other than section 100) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 7 or 8 to different enactments specified in Schedule 1 or Schedule 2 and to different provisions of those enactments.
Annotations
Editorial Notes:
E1
Power pursuant to subs. (4) exercised (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018).
3. The 12th day of September 2018 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 7 and Schedule 1, insofar as they apply to the repeal of—
(i) sections 2 and 3 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992),
(ii) sections 98, 99 and 100 of the Planning and Development Act 2000 (No. 30 of 2000), and
(iii) sections 6, 8, 9 and 10 of the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002);
(b) Section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 2 of that Schedule, as respects sections 4(2) and 5 of the Housing Finance Agency Act 1981 (No. 37 of 1981),
(ii) Part 5 of that Schedule, as respects section 14 of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997) insofar as it is not already in operation, and
(iii) Part 7 of that Schedule, as respects—
(I) section 93 (other than in relation to the definition of “housing strategy”),
(II) section 94 insofar as it is not already in operation, and
(III) section 96 insofar as it is not already in operation,
of the Planning and Development Act 2000 (No. 30 of 2000).
E2
Power pursuant to subs. (4) exercised (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2018 (S.I. No. 206 of 2018).
2. The 18th day of June 2018 is appointed as the day on which Part 5, other than section 79(4), of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.
E3
Power pursuant to section exercised (29.09.2014) by Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 32(5A)) Order 2014 (S.I. No. 429 of 2014).
2. The date of the making of this Order is appointed as the day on which subsection (5A) of section 32 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.
E4
Power pursuant to section exercised (15.09.2014) by Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 20(5)) Order 2014 (S.I. No. 405 of 2014).
2. The 15th day of September 2014 is appointed as the day on which subsection (5) of section 20 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.
E5
Power pursuant to section exercised (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2011 (S.I. No. 680 of 2011).
3. The 1st day of January 2012 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 3 of that Schedule, as respects section 12 of the Housing Act 1988 (No. 28 of 1988), and
(ii) Part 5 of that Schedule as respects subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling under paragraph (ii), to a tenant, in the case of Part 4 of the Act of 2009) of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);
(b) section 33, insofar as it applies to the following provisions of the Act of 2009 referred to in subsection (1)(a)—
(i) subsection (4) of section 75, and
(ii) subsection (5) of section 76;
(c) other than paragraph (a) of subsection (9) of section 64, Part 4;
(d) schedule 4.
E6
Power pursuant to section exercised (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2011 (S.I. No. 83 of 2011).
2. The 1st day of April 2011 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:
(a) section 7 and Schedule 1, insofar as they apply to the repeal of—
(i) subsection (1) of section 56 of the Housing Act 1966 (No. 21 of 1966), and
(ii) sections 9 and 20 of the Housing Act 1988 (No. 28 of 1988);
(b) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 4 of that Schedule, as respects section 5 of the Housing (Miscellaneous Provisions) Act of 1992 (No. 18 of 1992),
(ii) Part 6 of that Schedule,
(iii) Part 7 of that Schedule, as respects—
(I) subsection (2) of section 94,
(II) the substitution of subparagraph (i) of subsection (4)(a) of section 94, and
(III) subsection (13)(a) of section 96, of the Planning and Development Act 2000 (No. 30 of 2000), and
(iv) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (i) of paragraph (b) of the definition of “relevant purpose” in section 265 (1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);
(c) section 19;
(d) other than subsection (5) thereof, section 20;
(e) section 21; and
(f) subsections (1), (2), (3), (4) and (5) of section 32.
E7
Power pursuant to section exercised (14.06.2010) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2010 (S.I. No. 253 of 2010).
3. The 14th day of June 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 7 and Schedule 1, insofar as they apply to the repeal of section 11 of the Housing Act 1988 (No. 28 of 1988);
(b) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 5 of that Schedule, as respects—
(I) subsection (1) of section 14, and
(II) subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling—
(A) under paragraph (i), to an eligible household in the case of an incremental purchase arrangement, and
(B) under paragraph (iv), to a tenant, in the case of section 90 of the Housing Act 1966),
of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);
(ii) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (ii) of paragraph (b) of the definition of “relevant purpose” in section 265(1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);
(c) section 22;
(d) subsections (6), (7) and (8) of section 32;
(e) section 33, insofar as it applies to—
(i) the following provisions of the Act of 2009 referred to in subsection (1)(a)—
(I) subsection (8) of section 32,
(II) subsection (4) of section 47, and
(III) subsections (5) and (6) of section 48,
(ii) section 11 of the Act of 1992 referred to in subsection (1)(c), and
(iii) the provision referred to in subsection (1)(d); and
(f) section 34, insofar as it applies to—
(i) subsection (8) of section 32 of the Act of 2009 referred to in subsection (1)(a),
(ii) section 11 of the Act of 1992 referred to in subsection (1)(c), and
(iii) the provision referred to in subsection (1)(d).
E8
Power pursuant to section exercised (1.02.2010 and 1.01.2010) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009 (S.I. No. 540 of 2009).
3. The 1st day of January 2010 is appointed as the day on which sections 43, 44, 45, 46, 47, 48 and 49 of the Act of 2009 come into operation.
4. The 1st day of February 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in Part 4 of that Schedule as respects section 23 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992); and
(b) sections 36, 37, 38, 39, 40, 41 and 42.
E9
Power pursuant to section exercised (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009 (S.I. No. 449 of 2009).
2. The 1st day of December 2009 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:
(a) sections 1, 2, 3, 4, 5 and 6;
(b) section 7 and Schedule 1, insofar as they apply to the repeal of subsection (2) of section 56 of the Housing Act 1966 (No. 21 of 1966) and section 15 of the Housing Act 1988 (No. 28 of 1988);
(c) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 1 of that Schedule, as respects—
(I) section 90, and
(II) subsection (7) of section 107, of the Housing Act 1966 (No. 21 of 1966),
(ii) Part 2 of that Schedule, as respects subsection (3) of section 10 of the Housing Finance Agency Act 1981 (No. 37 of 1981),
(iii) Part 3 of that Schedule, as respects section 13 of the Housing Act 1988 (No. 28 of 1988),
(iv) Part 4 of that Schedule, as respects—
(I) subsection (1) of section 1,
(II) section 18,
(III) the insertion of sections 18A and 18B, and
(IV) section 34, of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992), and
(v) Part 5 of that Schedule, as respects—
(I) subsection (1) of section 1 (other than in relation to the definition of “tenant”), and
(II) section 15, of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);
(d) sections 9, 10, 11, 12, and 13; and
(e) section 35.
Section 2
Interpretation.
2.— (1) In this Act—
“Act of 1988” means the Housing Act 1988;
“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992;
“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;
“Act of 2002” means the Housing (Miscellaneous Provisions) Act 2002;
“affordable housing” means F1[affordable dwellings within the meaning of section 4 of the Affordable Housing Act 2021 purchased under Part 2 of that Act] or affordable housing provided under Part V of the Planning and Development Act 2000 or Part 2 of the Act of 2002, as the case may be;
“allocation scheme” has the meaning given to it by section 22;
“anti-social behaviour” has the same meaning as in section 1 of the Act of 1997;
“approved body” means a body standing approved of for the purposes of section 6 of the Act of 1992;
“caravan” has the same meaning as in section 13 of the Act of 1988;
“Chapter 4 tenancy agreement” has the meaning given to it by section 25 and references to “Chapter 4 tenancy” shall be construed accordingly;
F2[“chief executive” means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;]
“development plan” has the same meaning as in section 2 of the Planning and Development Act 2000;
“dwelling” includes any building or part of a building occupied or intended for occupation as a normal place of residence and includes any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith and includes a house, flat, apartment, maisonette or hostel;
“estate management” has the same meaning as in section 1 of the Act of 1997;
“executive function” has the same meaning as in section 2 of the Local Government Act 2001;
“homelessness action plan” has the meaning given to it by section 37;
“homelessness consultative forum” has the meaning given to it by section 38;
“homeless person” means a person who is regarded by a housing authority as being homeless within the meaning of section 2 of the Act of 1988 and “homeless” and “homeless household” shall be construed accordingly;
“joint homelessness consultative forum” shall be read in accordance with section 38;
“household” means, subject to sections 20 and 84 , a person who lives alone or 2 or more persons who live together;
“housing action programme” has the meaning given to it by section 18;
F3[…]
“housing services” shall be read in accordance with section 10;
“housing services plan” has the meaning given to it by section 14;
“housing strategy” has the same meaning as in section 93 of the Planning and Development Act 2000;
“housing support” shall be read in accordance with section 10 (a);
F4[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
F3[…]
“market rent” has the same meaning as in section 24 of the Residential Tenancies Act 2004;
“material improvements” F1[means improvements made to a dwelling sold under an incremental purchase arrangement under Part 3];
whether for the purposes of extending, enlarging, repairing or converting the dwelling, but does not include decoration, or any improvements carried out on the land including the construction of the dwelling;
“Minister” means the Minister for the Environment, Heritage and Local Government;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“Principal Act” means the Housing Act 1966;
“public private partnership arrangement” has the same meaning as in section 3 of the State Authorities (Public Private Partnership Arrangements) Act 2002;
“refurbishment” in relation to a dwelling or other building, includes the enlargement, improvement, adaptation or reconstruction of such dwelling or other building;
“rental accommodation availability agreement” has the meaning given to it by section 24;
“rent scheme” has the meaning given to it by section 31;
F4[“reserved function” means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
“social housing assessment” has the meaning given to it by section 20;
“social housing support” shall be read in accordance with section 19.
(2) F3[…]
Annotations
Amendments:
F1
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(a)(i), (ii), S.I. No. 450 of 2021.
F2
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
F3
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
F4
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
Section 3
Regulations.
3.— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.
(2) Regulations made under this Act may—
(a) contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and
(b) may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, apartment complexes (within the meaning of section 50), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50), dwellings, tenancies, loans, mortgages, persons, households, works or other matters.
(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E10
Power pursuant to section exercised (14.03.2022) by Social Housing Assessment (Amendment) Regulations 2022 (S.I. No. 73 of 2022), in effect as per reg. 2.
E11
Power pursuant to section exercised (19.04.2021) by Social Housing Assessment (Amendment) Regulations 2021 (S.I. No. 116 of 2021), in effect as per reg. 2.
E12
Power pursuant to section exercised (1.02.2018) by Housing (Rebuilding Ireland Home Loans) Regulations 2018 (S.I. No. 25 of 2018), in effect as per reg. 1(2).
E13
Power pursuant to section exercised (13.04.2017) by Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017).
E14
Power pursuant to section exercised (30.09.2016) by Social Housing Allocation (Amendment) Regulations 2016 (S.I. No. 503 of 2016), in effect as per reg. 2.
E15
Power pursuant to section exercised (2.06.2016) by Social Housing Assessment (Amendment) Regulations 2016 (S.I. No. 288 of 2016).
E16
Power pursuant to section exercised (2.06.2016) by Social Housing Assessments (Summary) Regulations 2016 (S.I. No. 287 of 2016).
E17
Power pursuant to section exercised (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), in effect as per reg. 2.
E18
Power pursuant to section exercised (1.01.2016) by Housing (Incremental Purchase) (Amendment) Regulations 2015 (S.I. No. 483 of 2015), in effect as per reg. 2.
E19
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
E20
Power pursuant to section exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.
E21
Power pursuant to section exercised (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.
E22
Power pursuant to section exercised (1.05.2011) by Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011), in effect as per reg. 2.
E23
Power pursuant to section exercised (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2.
E24
Previous affecting provision: power pursuant to section exercised (1.02.2013) by Social Housing Assessments (Summary) Regulations 2013 (S.I. No. 26 of 2013), in effect as per reg. 2; revoked (13.04.2017) by Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), art. 2.
E25
Power pursuant to section exercised (1.04.2011) by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), in effect as per reg. 2; as amended (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2 and (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.
E26
Power pursuant to section exercised (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010), in effect as per reg. 2.
E27
Power pursuant to section exercised (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) Regulations 2010 (S.I. No. 254 of 2010), in effect as per reg. 2; as amended (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010), in effect as per reg. 2.
E28
Power pursuant to section exercised (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), in effect as per reg. 2.
E29
Previous affecting provision: power pursuant to section exercised (1.01.2010) by Housing (Incremental Purchase) Regulations 2009 (S.I. No. 562 of 2009), in effect as per reg. 1(b); revoked (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 18, in effect as per reg. 2.
Section 4
Ministerial directions.
4.— (1) The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions.
(2) The Minister may, by direction in writing, revoke or amend a direction under subsection (1), including a direction under this subsection.
(3) Whenever the Minister gives a direction under this section, he or she shall publish the direction or cause it to be published in the manner he or she considers appropriate.
(4) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any direction given to it under this section.
Section 5
Guidelines.
5.— (1) The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions.
(2) The Minister shall publish or cause to be published, in the manner he or she considers appropriate, any guidelines issued under this section.
(3) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any guidelines issued to it under this section.
Section 6
Limitation on Ministerial power.
6.— Without prejudice to section 12, sections 4 and 5 shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case with which a housing authority is or may be concerned.
Section 7
Repeals.
7.— The Acts specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule.
Section 8
Consequential amendments.
8.— The Acts specified in Schedule 2 are amended as indicated in that Schedule.
Section 9
Expenses.
9.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2
FUNCTIONS OF HOUSING AUTHORITIES
Chapter 1
Housing Services
Section 10
Provision of housing services.
10.— In performing its functions under the Housing Acts 1966 to 2009, a housing authority may provide housing services, including, but not necessarily limited to, all or any of the following—
(a) housing support provided to households for the purposes of meeting their accommodation needs, including:
(i) social housing support;
(ii) affordable housing;
(iii) the granting of shared ownership leases under section 3 of the Act of 1992;
F5[(iv) the sale, or consent to the sale, of a dwelling under section 90(1)(b) of the Principal Act to a person other than another housing authority;]
(v) subsidies payable under section 4 of the Act of 1992 or section 7 of the Act of 2002;
(vi) loans made under section 11 of the Act of 1992 or section 25(1) of the Housing (Traveller Accommodation) Act 1998;
(vii) grants for works of improvement or adaptation to houses under section 5 of the Act of 1992;
(viii) grants and other assistance for the provision of new houses or improvement works to houses under section 6 of the Housing (Miscellaneous Provisions) Act 1979;
(ix) services provided to homeless persons under section 10 of the Act of 1988;
(x) the provision of sites under section 57 of the Principal Act,
(b) assistance, other than financial assistance or housing support, provided—
(i) in accordance with a homelessness action plan to households that were formerly homeless before their occupation of their current accommodation and, in the opinion of the housing authority, such assistance is necessary for the purposes of supporting those households in remaining in occupation of that accommodation, or
(ii) to tenants of dwellings to which section 31 (1) applies,
(c) the management, maintenance and refurbishment under section 28 of any dwelling, building or land of which the housing authority is the owner or which is under its F6[management and control,]
(d) the reconstruction or improvement under section 12 of the Act of 1988 of certain houses provided by F6[housing authorities, and]
F7[(e) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021.]
Annotations
Amendments:
F5
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(a), S.I. No. 482 of 2015.
F6
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(b)(i), (ii), S.I. No. 450 of 2021.
F7
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(b)(iii), S.I. No. 450 of 2021.
Section 11
Provision of ancillary services.
11.— (1) In this section “ancillary services” include roads, shops, facilities for the benefit of the community (including health and leisure facilities), playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and other such works or services, as will, in the opinion of a housing authority, serve a beneficial purpose either in connection with the requirements of the households for which the dwellings concerned are provided or in connection with the requirements of other households.
(2) In providing housing services and in connection with dwellings provided, to be provided or which, in the opinion of the housing authority will in the future require to be provided, a housing authority may provide and, if it considers appropriate, maintain in good order and repair, the ancillary services.
(3) For the purposes of subsection (2)—
(a) reference to the provision of dwellings includes dwellings provided, or maintained, on behalf of a housing authority pursuant to arrangements with an approved body, or public private partnership arrangements, and
(b) reference to the provision and maintenance of ancillary services includes ancillary services provided pursuant to arrangements with an approved body, or public private partnership arrangements.
Section 12
Funding for housing services.
12.— (1) The Minister may, for the purposes of the provision of housing services, with the consent of the Minister for Finance, pay to a housing authority, out of moneys provided by the Oireachtas, a grant or subsidy in respect of all or any one or more of the following:
(a) the provision of dwellings or sites by the authority;
(b) the refurbishment of dwellings provided by the authority;
(c) the provision of caravans, or the provision, improvement or management by the authority of sites for caravans referred to in section 13 of the Act of 1988 for persons to whom that section applies;
(d) the acquisition of land for the provision of dwellings or sites;
(e) the provision of ancillary services in connection with the provision or improvement of dwellings or sites;
(f) subject to such regulations as may be made under this section, the provision of assistance to an approved body under section 6 of the Act of 1992;
(g) such measures as may be taken by the housing authority pursuant to its housing services plan for the purposes of improving its housing services;
(h) such measures as may be taken by the housing authority pursuant to its homelessness action plan relating to the provision of assistance under section 10 (b) (i).
(2) A grant or subsidy shall not be paid under this section in respect of a dwelling, site or works unless the relevant dwelling, site or works comply on completion with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction and works and the provision of water, sewerage and other services in dwellings or to sites.
(3) A subsidy under subsection (1) in respect of loan charges incurred in the provision of any of the housing services referred to in that subsection may be made either to the housing authority concerned or, on its behalf, to the person who made the relevant loan in respect of which the loan charges were incurred.
(4) The Minister may make regulations in relation to the payment of a grant or subsidy under subsection (1) (f) providing for all or any one or more of the following:
(a) the class or classes of accommodation in respect of which the grant or subsidy may be paid and the class or classes of households for whom such accommodation is provided;
(b) the amount of the grant or subsidy;
(c) requirements in relation to—
(i) the assistance in respect of which the grant or subsidy may be paid,
(ii) the payment of the grant or subsidy,
(iii) the financial and other circumstances of households occupying accommodation in respect of which the grant or subsidy may be paid,
(iv) the occupation and maintenance of accommodation in respect of which the grant or subsidy may be paid,
(v) the floor area of accommodation in respect of which the grant or subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister,
(vi) standards of construction, works and repair and the availability in accommodation, in respect of which the grant or subsidy may be paid, of water, sewerage and other services, and
(vii) the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation concerned.
Section 13
Housing authority resources.
13.— Any moneys accruing to a housing authority from—
(a) the sale of a dwelling owned by the authority, including a sale under section 90 of the Principal Act F8[, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014],
(b) the resale of a dwelling under section 48 or 76 F9[or section 29 of the Housing (Miscellaneous Provisions) Act 2014],
(c) an approved body in respect of the resale of a dwelling referred to in paragraph (b),
(d) payments in respect of any amounts outstanding under section 47 or 75 F10[or section 27 of the Housing (Miscellaneous Provisions) Act 2014], as the case may be,
(e) the resale of a dwelling under section 9 of the Act of 2002,
(f) the purchase of the interest of the housing authority or the sale of a dwelling, as the case may be, under section 10 of the Act of 2002,
(g) the resale of certain sites, or dwellings on such sites, under section 98, or
(h) the repayment of a grant to which section 99 applies,
shall be accounted for by the housing authority in a separate account and, subject to the prior approval of the Minister, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes.
Annotations
Amendments:
F8
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(b)(i), S.I. No. 482 of 2015.
F9
Inserted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(b)(ii), S.I. No. 482 of 2015.
F10
Inserted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(b)(iii), S.I. No. 482 of 2015.
Chapter 2
Housing Services Plan
Section 14
Obligation to make housing services plan.
14.— (1) Each housing authority shall make a plan (in this Act referred to as a “housing services plan”) setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.
(2) A housing services plan shall be in writing and shall specify how the housing authority proposes to provide housing services.
(3) Subject to subsection (5), a housing authority shall adopt a housing services plan not later than 6 months after the date on which the current development plan is made.
(4) A housing services plan shall relate to the remaining period of the housing authority’s current development plan.
(5) (a) The Minister may direct a housing authority or housing authorities to make a housing services plan relating to the remaining period of the development plan in operation, on the coming into operation of this section, in respect of the administrative area concerned and this Chapter shall apply to the preparation and making of such a plan.
(b) A housing authority shall comply with any direction given to it under paragraph (a).
(6) The preparation, making, adoption or variation of a housing services plan, or draft plan, as the case may be, is a reserved function.
Section 15
Content of housing services plan.
15.— (1) In making a housing services plan, a housing authority shall, in particular, have regard to the following:
(a) the development plan or plans for its administrative area;
(b) any summary or summaries of social housing assessments prepared under section 21;
(c) the demand for affordable housing in its administrative area;
(d) the accommodation programme or programmes adopted for its administrative area in accordance with section 7 of the Housing (Traveller Accommodation) Act 1998;
(e) the homelessness action plan adopted in accordance with Chapter 6 in respect of its administrative area;
(f) the need to ensure that housing services are delivered in a manner which promotes sustainable communities, including but not necessarily limited to the need to—
(i) counteract undue segregation in housing between persons of different social backgrounds, and
(ii) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the different types of housing support required in its administrative area;
(g) its anti-social behaviour strategy (if any) under section 35;
(h) any directions given by the Minister under subsection (2);
(i) the matters specified in section 69 of the Local Government Act 2001 to which local authorities are required to have regard in performing their functions.
(2) (a) The Minister may direct a housing authority to include in its housing services plan such information as he or she considers necessary, including, but not necessarily limited to, information on, and priorities relating to, each of the following:
(i) the provision of appropriate housing supports;
(ii) proposed measures to ensure that housing supports are delivered in a manner which promotes sustainable communities;
(iii) the quality, standards and condition of housing owned by the housing authority, and priorities for refurbishment;
(iv) plans for the regeneration of the administrative area concerned or any part of it;
(v) the policies of the housing authority relating to the management and maintenance of dwellings or sites owned or controlled by it.
(b) A housing authority shall comply with any direction given to it under paragraph (a).
(3) A housing services plan shall include the summary or summaries, prepared under section 21, of the social housing assessments carried out in respect of the administrative area concerned.
Section 16
Preparation of draft plan and making of plan.
16.— (1) A housing authority shall prepare a draft of the housing services plan and shall send a copy of the draft housing services plan to—
(a) the Minister,
(b) every local authority whose administrative area adjoins F11[…] the administrative area of the authority preparing the draft plan,
(c) the Health Service Executive,
(d) approved bodies engaged in the provision of accommodation or shelter in the administrative area concerned,
(e) the homelessness consultative forum in its administrative area, or joint homelessness consultative forum, as the case may be,
(f) any local traveller accommodation consultative committee in the administrative area concerned appointed under section 21 of the Housing (Traveller Accommodation) Act 1998, and
(g) such local community bodies in the administrative area concerned and any other person, as the housing authority considers appropriate.
(2) Written submissions or observations with respect to the draft housing services plan may be made by the persons specified in subsection (1) to the housing authority within 8 weeks from the date on which the draft plan is sent under subsection (1).
(3) Where the Minister considers that any draft housing services plan fails to adequately take account of any of the matters specified in section 15 (1), the Minister may, within the period specified in subsection (2), for stated reasons, direct the housing authority concerned to take specified measures to ensure that the housing services plan, when made, takes adequate account of those matters and the housing authority shall comply with any such direction.
(4) Not later than 4 weeks after the end of the period specified in subsection (2), the F12[chief executive] shall prepare and submit to the housing authority a report on—
(a) any submissions or observations made under subsection (2),
(b) the directions (if any) of the Minister under subsection (3) and the stated reasons for those directions, and
(c) any aspect of the draft housing services plan (other than aspects of the draft plan the subject of any ministerial direction under subsection (3)) that, in his or her opinion, fails to adequately take account of any of the matters specified in section 15 (1).
(5) The housing authority shall, having taken account of the directions of the Minister (if any) under subsection (3) and the F12[chief executive] under subsection (4), adopt the housing services plan, with or without modification, within 6 weeks after the submission of the F12[chief executive]’s report.
(6) The housing authority shall—
(a) give a copy of the housing services plan to the Minister as soon as practicable after it is adopted,
(b) make the housing services plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours,
(c) on request by any person, provide a copy of the housing services plan at a price not exceeding the reasonable cost of reproduction, and
(d) publish and maintain a copy of the housing services plan on the Internet for the period of the plan.
Annotations
Amendments:
F11
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
F12
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
Section 17
Variation of housing services plan.
17.— (1) Where the F13[chief executive] considers that there has been a change in any of the matters specified in section 15 (1) that significantly affects the housing services plan, including any adjustment of a housing strategy pursuant to section 95(3) of the Planning and Development Act 2000, the F13[chief executive] shall submit a report on the matter to the members of the housing authority and, where the F13[chief executive] considers it necessary and appropriate, he or she may recommend that the housing services plan be varied accordingly and the housing authority may, having taken account of any such recommendations, as it considers appropriate, decide to vary the plan or part or parts thereof accordingly.
(2) Where the Minister considers that there has been a change in circumstances that significantly affects all or any part or parts of one or more than one housing services plan, he or she may give a direction requiring the housing authority or authorities concerned to vary the plan or plans or part or parts thereof accordingly and the housing authority or authorities, as the case may be, shall comply with any such direction.
(3) Section 16 applies to the variation of a plan as it applies to the preparation and adoption of a plan, with any necessary modifications.
Annotations
Amendments:
F13
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.
Section 18
Housing action programme.
18.— (1) The F14[chief executive] shall, from time to time, in such form and for such period as the Minister may direct, prepare a programme (in this Act referred to as a “housing action programme”) for implementation of the housing services plan.
(2) A housing action programme shall—
(a) take account of the financial resources available for the period to which the programme relates, and
(b) include such matters as the Minister may specify in a direction given under subsection (1), including (except in the case of the first housing action programme) a review of progress made in the implementation of the housing services plan during the period of the previous housing action programme.
(3) The F14[chief executive] shall provide a copy of the housing action programme to the Minister F14[, the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority].
Annotations
Amendments:
F14
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.