Overview Rent supplement was paid to persons in private rented property who cannot meet the rental costs from their income and resources. Rent supplement is geared in such a way to ensure that income does not fall below an absolute minimum. It is effectively the basic social welfare rate less a notional rental allowance. The accommodation must be suitable for the needs of the applicant. […]
Affordable Housing Act The Affordable Housing Act 2021 is Act is designed to set the policy framework for a number of schemes aimed at making more affordable homes available for purchase and rent for eligible households. Capital funding to underpin the delivery of homes within these schemes is voted by the Oireachtas in line with Government spending priorities. The assessment of the quantum of funding […]
Cost Rental dwellings The owner of a dwelling may apply to the Minister to designate it as a cost rental dwelling. The Minister has the power to prescribe the format of such an application, including the allowable costs to be used when calculating the cost-covering rent. The application process includes two distinct periods: the ‘cost calculation period’ of at least 30 years, which is the […]
Redemption and realisation of equity The affordable dwelling equity is: redeemed by the homeowner by making redemption payments or repaid out of the proceeds of a sale by the homeowner, or realised by the housing authority. These are the different means by which an affordable dwelling purchase arrangement is brought to an end. Redemption payments The homeowner may, at any time after the making of […]
Overview The purpose of the Affordable Housing Act is to provide the legislative and policy framework for a number of schemes aimed at making housing for purchase and rent more affordable for eligible households. These include the provision of affordable purchase housing by Local Authorities and the Land Development Agency, the introduction of a new Affordable Purchase Shared Equity scheme for the delivery of homes […]
Services to local authorities The Land Development Agency can provide services to local authorities, located in the area of a town the population of which is equal to or greater than 30,000, in relation to land owned by the local authority to assist the local authority in the performance of its functions. There is a he process by which a local authority can request the […]
Legislative Establishment The purpose of the Land Development Agency Act 2021 is to give legislative underpinning to the Land Development Agency (LDA), previously established under Establishment Order, S.I. 352 of 2018, as amended by S.I. 603 of 2018. The Agency is to develop and regenerate relevant public land for the delivery of housing. The Minister for Housing, Local Government and Heritage and Minister for Public […]
Overview The Act provides for the regulation of Approved Housing Bodies and includes Chapters on the registration procedures for Approved Housing Bodies and their entry onto the register, as well as the drafting and approval of standards. The Act provides for existing AHBs approved under section 6 of the Housing (Miscellaneous Provisions) Act 1992 to be deemed registered initially and to then apply to be […]
General The Housing (Regulation of Approved Housing Bodies) Act 2019 provides for the regulation of Approved Housing Bodies (AHBs) for the purposes of supporting stronger governance and the financial viability of that sector, with a particular focus on safeguarding the significant public investment being made in the delivery of social housing by Approved Housing Bodies. The Act provides for the establishment of the independent Approved […]
Establishment The Home Building Finance Ireland Act 2018 Act facilitates funding of HBFI from resources currently held by the Irish Strategic Investment Fund (ISIF), the granting of the necessary power to the National Treasury Management Agency (NTMA) to provide staff and services to HBFI on a cost recoverable basis, the granting of specific powers to HBFI to enable it to carry on the business of […]
Homelessness Action Plan Housing authorities must adopt a homelessness action plan. It must set out measures to deal with and reduced homelessness, provide services to persons to address the needs of homeless households, provide assistance to persons formerly homeless and promote active coordination and activities for the purpose of addressing homelessness. The measures must be taken in conjunction with other agencies, including housing bodies and […]
2014 Act The Housing (Miscellaneous Provisions) Act 2014 extended a scheme of tenant purchase for existing local authority houses along the lines of the incremental purchase scheme applicable to new local authority houses and existing local authority apartments under the Housing (Miscellaneous Provisions) Act 2009. Part 3 of the 2014 Act provides for a scheme of tenant purchase of existing local authority houses. The tenant […]
Overview The 2014 Act introduced a new scheme for housing assistance payments (HAP). It covers rent payable by households who qualify for social housing support, for private rented accommodation. The household sources the accommodation itself. Households who qualify for social housing support and are long-term recipients of rent supplements from the Department of Social Protection transferred to the new housing assistance payments scheme. Housing Assistance Payment […]
2014 Act The Housing (Miscellaneous Provisions) Act 2014 reformed social housing tenancy law in a number of respects. The previous Housing Act procedure for summary recovery was found contrary to the European Convention on Human Rights as it does not allow for litigation of a dispute regarding whether the tenancy has been lawfully terminated. Where legislation affects existing local authority tenancy agreements and requires new […]
Local authorities are the principal providers of social housing. They are housing authorities under the housing legislation. Local authority housing is allocated in accordance with eligibility. Local authority rents are based on income. In addition, housing associations and housing cooperative provide social housing for letting. There are now national social housing regulations 2011 which prescribe the mechanism for dealing with social housing assessments by all […]
1995 Scheme There have been various tenant purchase schemes whereby the vast majority of housing by local authority has been sold. The 1995 tenant purchase scheme was closed to new applicants on 31st December 2012. The scheme included all houses except certain ones provided for and occupied by older persons. It is proposed to replace the scheme. Under the 1995 scheme, it was necessary to […]
Indirect Supports The State provides financial support to housing costs through tax foregone, direct housing provision and direct subsidies, grants and allowances. Housing Finance Agency The Housing Finance Agency is a state organisation that was designed to tap financial markets in order to advance funds to local authorities for the purpose of loans under the Housing Act. The agency advances loans to local authorities for […]
Mortgage Interest Supplement (Closed) Mortgage interest supplement was a short-term support for persons in payment of mortgage interest repayments. Mortgage interest supplement applied to interest on mortgage repayments less mortgage interest relief. The scheme applied only to the interest part of the payment. It did not cover capital or payment of life/mortgage protection policies, etc. After June 2012, the applicants must show that they have […]
Decontrolled Property Rent Allowance Rent allowance is paid to tenants of properties decontrolled by the Housing (Private Rented Dwellings) Acts 1982. In order to qualify, the person must have been a tenant on that day, subject to rent control. They must be entitled to remain as tenants. The rent must be fixed by the District Court or Rent Tribunal. The landlord must register the tenancy. […]
Incremental Purchase Scheme The 2009 legislation provided for an incremental purchase scheme. Under the scheme, the title to the house is transferred to the occupiers, with the housing authority retaining part of the unpurchased equity. The objective is that this should decline over time. The local authorities have the first option to purchase the property upon sale, as to the part of its value not […]
Overcrowded Houses A house is deemed overcrowded at any time when the number of persons ordinarily sleeping in it and the number of rooms in it are such that any two of those persons over 10, not of the same sex, must sleep in the same room or are such that the free air used in a room or sleeping apartment for a person has […]
Housing Assessment Housing authorities have ongoing duties to assess housing needs within their area. The legislation sets out the factors which they must take into account. If housing is obsolete, overcrowded and unfit, it’s likely obsolescence and loss to the housing stock must be considered. Authorities must consider the number of homeless persons or persons living in temporary or movable accommodation. They must consider the […]
Rental Accommodation Scheme The 2009 Act Chapter 4 provides the legislative basis for the rental accommodation scheme. Under the scheme, owners may make houses available to housing authorities for agreed periods for letting to qualified tenants nominated by the Authority in accordance with the Housing Authority’s allocation scheme. The Housing Authority pays the rent, and the tenant pays an income-based contribution to the Housing Authority. […]
Overview Housing Associations provide for a significant amount of social housing needs. They date back to the 19th century, preceding local authority housing provisions. Most Housing Associations provide a relatively limited number of housing units, particularly for older persons. There may be a significant voluntary input. In some cases, additional social services and activities accompany the provision of housing services. A 1991 Report on social […]
Housing Authorities Local authorities are designated housing authorities by the Housing Acts. The principal function of a Housing Authority is to provide housing for persons who cannot do so by their own means or due to a disability. They also have functions in terms of improving, increasing and maintaining housing standards of the housing stock. Housing authorities have the power to provide houses directly. They […]
Part V Planning Requirements Part V of affordable housing arose from housing units or sites set aside by developers as a condition of planning permission. This arose under part V of the Planning and Development Act. The local authority could designate certain houses as affordable housing. Persons are eligible to buy affordable houses, potentially, if 35 per cent of their income would not cover the […]
Original Scheme The Shared Ownership Schemes were initiated by the Housing (Miscellaneous Provisions) Act 1992. The local authority may grant a shared ownership lease geared in such a way that the local authority and the lessee have respective interests in the property. The local authority s charges a rent in respective of the retained share of ownership and the tenant pays a mortgage on the […]
Home Renovation Scheme The Home Renovation Scheme was announced in Budget 2013. It provides a tax credit of 13.5 per cent of qualifying expenditures that can be set against income tax over two years. The work must be done prior to 2016. The applicant must be an owner-occupier who carries out work on a principal private residence. LPT and household charges must be paid up […]
Land Purchase Acts In the mid to late 19th century, two-thirds of the land in Ireland was owned by less than 2,000 people. Tenant farmers had minimal and very precarious rights. A combination of agitation and the growing strength of the Irish party in the UK Parliament led to radical legislation in the latter part of the 19th century and early 20th century, which led […]
Legislation In a number of cases in the mid-1990s taken under the Housing Act 1988 clarified the duty of local authorities to provide halting sites. In broad terms, the local authority was held to have a duty to provide sites for travellers. Under the 1988 Act, development plans must include objectives for the provision of traveller accommodation. The Housing (Traveller Accommodation) Act 1998 made more […]
Powers of Sale Local authorities have the power to sell or lease dwellings under a purchase scheme to another housing authority or to other persons where the dwellings are not occupied. Regulations may be made in relation to the classes of houses to which a purchase scheme may apply the determination of the discount, allowance to be deducted from the purchase price and other terms […]