Housing Background
HOUSING ACT 1966
REVISED
Updated to 1 January 2024
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:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Housing Acts restricted (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 14(1), S.I. No. 247 of 1997, and s. 14A as inserted (11.09.1998) by Housing (Traveller Accommodation Act 1998 (33/1998), s. 35(b), S.I. No. 328 of 1998; as substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(9), S.I. No. 121 of 2015.
Letting and sale of local authority housing.
14.—[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may—
(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection (1) of the said section 22 refers, to a household where—
(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour or that an allocation to that household would not be in the interest of good estate management, or
(ii) the household fails to provide information, including information relating to members residing together or proposing to reside together as part of the household, which is requested by the authority and which the authority considers necessary in connection with an allocation,
or
(b) refuse to permit a person, or defer permitting a person, to take up or resume residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers where—
(i) the authority considers that the person is or has been engaged in anti-social behaviour or that such permission would not be in the interest of good estate management, or
(ii) the tenant of the dwelling or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give, refuse or defer such permission.]
…
[Authorisation to occupy caravan on site
14A. Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority may refuse or defer an authorisation to a person to occupy a caravan on a site where—
(a) the authority considers that that person or a member of his or her household is or has been engaged in anti-social behaviour or that the occupation by that person or household member of a caravan on the site would not be in the interest of good estate management, or
(b) that person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the authority and which the authority considers necessary in respect of the application for such authorisation.]
C2
Reference to “a housing authority” under collectively cited Housing Acts construed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) and (2); as substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(a), S.I. No. 329 of 2002; as substituted (1.02.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; and as substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1 .
Definition of housing authority and transfer of functions.
23.—[(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly;
…]
C3
Reference to “county council”, “city council” and “county council and a city council”, and reference to “the administrative area of a county council”, “the administrative area of a city council” and “the administrative area of a county council and the administrative area of a city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9. …
(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and
(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and
(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.
C4
Application of collectively cited Housing Acts potentially restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. …
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
…
SECOND SCHEDULE
…
Housing Acts 1966 to 2009
…
C5
Power granted to Minister to issue guidelines and codes of practice, and a licence, consent, permission, permit, derogation or other authorisation given under collectively cited Housing Acts 1966 to 2009 may require compliance with an issued guideline and code of practice as provided (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 63(3), 71 and sch. 2.
General provisions regarding licences etc
63. …
(3) A person who fails to comply with the terms, conditions, restrictions or requirements of a licence, consent, permission, permit, derogation or other authorisation given by a public authority pursuant to or in accordance with these Regulations shall be guilty of an offence.
…
Guidelines and codes of practice
71. (1) The Minister may issue guidelines and codes of practice in relation to the performance of the functions of public authorities insofar as the requirements of these Regulations, the Habitats Directive or the Birds Directive apply to those functions, or in relation to the general duties of other persons to which these Regulations apply.
…
SECOND SCHEDULE
Number
Year
Short Title/Citation
Housing Acts 1966 to 2009
C6
Power granted to Minister to give directions and issue guidelines under collectively cited Housing Acts 1966 to 2009 (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 4, S.I. No. 449 of 2009.
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.
…
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.
…
C7
Certain functions under collectively cited Housing Acts 1966 to 2009 transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59(1) and sch. 3 item 43, S. I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
…
SCHEDULE 3
Transfer of Functions and References to Functional Areas
…
43. Housing Acts 1966 to 2002
C8
Reference to “a functional area of a health board”, “the Eastern Regional Health Authority” and “an Area Health Board” under collectively cited Housing Acts 1966 to 2009 construed (1.01.2005) by Health Act 2004 (42/2004), s. 67(2) and sch. 3 item 43, S.I. No. 887 of 2004.
Functional areas of dissolved health boards.
67.— …
(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—
(a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or
(b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.
…
SCHEDULE 3
Transfer of Functions and References to Functional Areas
…
43. Housing Acts 1966 to 2002
C9
Certain functions conferred under Act transferred (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(1), S.I. No. 449 of 2000.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister: …
Housing Act, 1966;
…
C10
Reference to “land” construed by Roads Act 1993 (14/1993), s. 52(7), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 5(b), commenced on enactment.
Acquisition of land and implementation of scheme.
52.— …
[(7) For the purposes of subsection (1), any reference in section 10(1) (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, or in the Housing Act, 1966, to land shall include a reference to a substratum of land.]
C11
Application of Act extended (1.05.1997) by Dublin Docklands Development Authority Act 1997 (7/1997), s. 27(2), S.I. No. 135 of 1997.
Acquisition of land compulsorily by Authority.
27.— …
(2) The provisions of the Housing Act, 1966, shall apply in relation to the compulsory acquisition of land under subsection (1) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.
…
C12
Application of Act extended (1.01.1994) by Roads Act 1993 (14/1993), s. 19(8), S.I. No. 406 of 1993.
Specific functions of the Authority.
19.— …
(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.
C13
References to “grant”, “loan subsidy” and “contribution” under collectively cited Housing Acts 1966 to 1979 construed (19.08.1988) by Housing Act 1988 (28/1988), s. 1(3), S. I. No. 199 of 1988.
Interpretation.
1.— …
(3) References in the Housing Acts, 1966 to 1979, to a grant, loan, subsidy or contribution under those Acts shall be construed as including references, respectively, to a grant, loan, subsidy or contribution under this Act.
C14
Reference to “grant”, “loan” and “contribution” construed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 1(2), S. I. No. 276 of 1979.
Interpretation.
1.— …
(2) References in the Principal Act, as amended, to a grant, loan or contribution under that Act shall be construed as including references respectively to a grant, loan or subsidy under this Act.
Editorial Notes:
E1
Housing authority enabled to obtain, share and exchange restricted information including tax reference numbers under certain conditions (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 55, S.I. No. 404 of 2014.
E2
Housing authority in performance of its functions under collectively cited Housing Acts granted power to obtain household information (14.06.2010 and 1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 32, S.I. Nos. 253 of 2010 and 83 of 2011, as amended.
E3
Housing authority, for purposes of its functions under collectively cited Housing Acts, authorised to obtain certain information in respect of certain persons (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 15(2), S.I. No. 247 of 1997; as substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5, S.I. No. 449 of 2009.
E4
Collectively cited Housing Acts designated as primarily the responsibility of the Minister although conferring functions on local authorities (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(2)(a) and sch. 12 part 1, S.I. No. 588 of 2001, sch. 12 part 1, as substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007.
E5
An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for certain purposes (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; para. (j)(ii) substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.
E6
Minister authorised to devolve payment of grants under this Act and Housing (Miscellaneous Provisions) Act 1979 under certain conditions (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 2, S.I. No. 297 of 1980.
E7
Provision for payment of fines under Act to be made to county council or other listed bodies made (20.08.1969) by Fines and Penalties (Disposal) Order 1969 (S.I. No. 165 of 1969).
E8
Previous affecting provision: power of housing authority to provide dwellings and sites under collectively cited Housing Acts extended (1.04.2011) Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 19(6), S.I. No. 83 of 2011; deleted (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.
E9
Previous affecting provision: reference to “land” construed to include substratum by Transport (Dublin Light Rail) Act 1996 (24/1996), s. 13(3), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 7(f), commenced on enactment; repealed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (51/2001), s. 3(b), commenced on enactment, subject to transitional provisions.
PART I
Preliminary And General
Section 1
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.
Annotations
Editorial Notes:
E10
Power pursuant to subs. (2) exercised (31.05.1967 and 30.09.1967) by Housing Act 1966 (Commencement) Order 1967 (S.I. No. 70 of 1967), arts. 2, 3 and schs.
2. (1) Section 88 of the Housing Act, 1966 shall come into operation on the 31st day of May, 1967.
(2) Section 90 of the Housing Act, 1966 shall come into operation on the 30th day of September, 1967.
3. (1) Subsection (1) of section 6 of the Housing Act, 1966 shall come into operation on the 31st day of May, 1967, for the purpose of effecting the repeal of the enactments which are specified in the First Schedule to this Order to the extent mentioned in the third column of that Schedule.
(2) Subsection (1) of section 6 of the Housing Act, 1966 shall come into operation on the 30th day of September, 1967, for the purpose of effecting the repeal of the enactments which are specified in the Second Schedule to this Order to the extent mentioned in the third column of that Schedule.
FIRST SCHEDULE
ENACTMENTS REPEALED ON THE 31ST MAY, 1967
Session and Chapter or Number and Year
Short Title
Extent of Repeal
46, & 47 Vict., c. 60.
Labourers (Ireland) Act, 1883.
Sections 1, 3, 16, 21 and 22.
6 Edw. 7, c. 37.
Labourers (Ireland) Act, 1906.
Sections 8, 35, 36 and 37.
SECOND SCHEDULE
ENACTMENTS REPEALED ON THE 30TH SEPTEMBER, 1967
Session and Chapter or Number and Year
Short Title
Extent of Repeal
9 & 10 Geo. 5, c. 45.
Housing (Ireland) Act, 1919.
Section 11.
No. 50 of 1931.
Housing (Miscellaneous Provisions) Act, 1931.
Sections 1, 2 and subsection (4) of section 51.
No. 16 of 1952.
Housing (Amendment) Act, 1952.
Sections 1, 2 and subsection (2) of section 31.
E11
Power pursuant to subs. (2) exercised (31.12.1966) by Housing Act 1966 (Commencement) Order 1966 (S.I. No. 277 of 1966), arts. 2, 3.
2. Parts I (except subsection (1) of section 6), II, III, IV, V, VI, VII, VIII (except sections 88, 90 and 115) and the Second, Third and Fourth Schedules of the Housing Act, 1966, shall come into operation on the 31st day of December, 1966.
3. Subsection (1) of section 6 shall come into operation on the 31st day of December, 1966, for the purpose of effecting the repeal of the enactments which are specified in the Schedule to this Order to the extent mentioned in the third column of that Schedule.
SCHEDULE
ENACTMENTS REPEALED ON THE 31ST DAY OF DECEMBER, 1966
Session and Chapter or Number and Year
Short Title
Extent of Repeal
41 & 42 Vict., c. 52.
Public Health (Ireland) Act, 1878.
Sections 82 to 86 and sections 100 and 101.
44 & 45 Vict., c. 38.
Public Works Loans Act, 1881.
Section 11.
46 & 47 Vict., c. 60.
Labourers (Ireland) Act, 1883.
The whole Act except sections 1, 3, 16, 21 and 22.
48 & 49 Vict., c. 77.
Labourers (Ireland) Act, 1885.
The whole Act.
49 & 50 Vict., c. 59.
Labourers (Ireland) Act, 1886.
The whole Act.
53 & 54 Vict., c. 16.
Working Classes Dwellings Act, 1890.
The whole Act.
53 & 54 Vict., c. 70.
Housing of the Working Classes Act, 1890.
The whole Act except section 1 and the Second Schedule.
54 & 55 Vict., c. 48.
Purchase of Land (Ireland) Act, 1891.
Section 38.
54 & 55 Vict., c. 71.
Labourers (Ireland) Act, 1891.
The whole Act.
55 Vict., c. 7.
Labourers (Ireland) Act, 1892.
The whole Act.
56 & 57 Vict., c. 33.
Housing of the Working Classes Act, 1893.
The whole Act.
59 & 60 Vict., c. 11.
Labourers (Ireland) Act, 1896.
The whole Act.
59 & 60 Vict., c. 53.
Labourers (Ireland) Act, 1896.
The whole Act.
62 & 63 Vict., c. 44.
Small Dwellings Acquisition Act, 1899.
The whole Act.
3 Edw. 7, c. 37.
Irish Land Act, 1903.
Part IV and sub-section (4) of section 100.
6 Edw. 7, c. 37.
Labourers (Ireland) Act, 1906.
The whole Act except sections 8, 35, 36 and 37.
8 Edw. 7, c. 58.
Local Registration of Title (Ireland) Amendment Act, 1908.
The whole Act.
8 Edw. 7, c. 61.
Housing of the Working Classes (Ireland) Act, 1908.
The whole Act.
9 Edw. 7, c. 42.
Irish Land Act, 1909.
Sections 10 and 11.
1 & 2 Geo. 5, c. 19.
Labourers (Ireland) Act, 1911.
The whole Act.
4 & 5 Geo. 5, c. 32.
Labourers (Ireland) Act, 1914.
The whole Act.
4 & 5 Geo. 5, c. 52.
Housing (No. 2) Act, 1914.
The whole Act.
6 & 7 Geo. 5, c. 12.
Local Government (Emergency Provisions) Act, 1916.
Subsection (4) of section 13.
8 & 9 Geo. 5, c. 20.
Labourers (Ireland) Act, 1918.
The whole Act.
9 & 10 Geo. 5, c. 45.
Housing (Ireland) Act, 1919.
The whole Act except sections 11, 31, 35, 36 and the Third Schedule.
9 & 10 Geo. 5, c. 55.
Labourers (Ireland) Act, 1919.
The whole Act.
9 & 10 Geo. 5, c. 99.
Housing (Additional Powers) Act, 1919.
The whole Act.
10 & 11 Geo. 5, c. 61.
Public Works Loans Act, 1920.
Sections 2 and 5.
11 & 12 Geo. 5, c. 19.
Housing Act, 1921.
The whole Act.
No. 14 of 1924.
Housing (Building Facilities) Act, 1924.
The whole Act.
No. 12 of 1925.
Housing Act, 1925.
The whole Act.
No. 31 of 1928.
Housing Act, 1928.
The whole Act.
No. 12 of 1929.
Housing Act, 1929.
The whole Act.
No. 22 of 1930.
Housing Act, 1930.
The whole Act.
No. 50 of 1931.
Housing (Miscellaneous Provisions) Act, 1931.
The whole Act except sections 1, 2 and subsection (4) of section 51.
No. 19 of 1932.
Housing (Financial and Miscellaneous Provisions) Act, 1932.
The whole Act.
No. 30 of 1934.
Housing (Financial and Miscellaneous Provisions) Act, 1934.
The whole Act.
No. 13 of 1936.
Housing (Financial and Miscellaneous Provisions) (Amendment) Act, 1936.
The whole Act.
No. 24 of 1936.
Labourers Act, 1936.
Sections 4, 8, 9, 10, 12 and 18; paragraph (e) of subsection (5) of section 24; in paragraph (a) of subsection (2) of section 27 the words “(in this subsection referred to as the consolidated holding)”; paragraph (c) of that subsection; subparagraph (iii) of paragraph (d) of that subsection.
No. 42 of 1937.
Housing and Labourers Act, 1937.
Part II and Schedule.
No. 3 of 1939.
Housing (Amendment) Act, 1939.
The whole Act.
No. 10 of 1940.
Housing (Amendment) Act, 1940.
The whole Act.
No. 12 of 1940.
County Management Act, 1940.
Paragraph 11 of the Second Schedule.
No. 18 of 1941.
Housing (Amendment) Act, 1941.
The whole Act.
No. 15 of 1942.
Housing (Amendment) Act, 1942.
The whole Act.
No. 1 of 1944.
Housing (Amendment) Act, 1944.
The whole Act.
No. 2 of 1946.
Housing (Amendment) Act, 1946.
The whole Act.
No. 1 of 1948.
Housing (Amendment) Act, 1948.
The whole Act.
No. 23 of 1949.
Housing (Amendment) Act, 1949.
The whole Act.
No. 25 of 1950.
Housing (Amendment) Act, 1950.
The whole Act.
No. 16 of 1952.
Housing (Amendment) Act, 1952.
The whole Act except sections 1, 2 and subsection (2) of section 31.
No. 16 of 1954.
Housing (Amendment) Act, 1954.
The whole Act.
No. 31 of 1956.
Housing (Amendment) Act, 1956.
The whole Act.
No. 11 of 1957.
Small Dwellings Acquisition Act, 1957
The whole Act.
No. 27 of 1958.
Housing (Amendment) Act, 1958.
The whole Act.
No. 13 of 1960.
Housing (Amendment) Act, 1960.
The whole Act.
No. 27 of 1962.
Housing (Loans and Grants) Act, 1962.
The whole Act.
No. 24 of 1965.
The Labourers Act, 1965.
The whole Act.
Section 2
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);
F1[…]
“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;
F2[…]
“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);
F3[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
“the Minister” means the Minister for Local Government;
F1[…]
“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;
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);]
F1[…]
“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.
Annotations
Amendments:
F1
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No 221 of 2014.
F2
Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(4), S.I. No. 223 of 1992.
F3
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.
F4
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.
Editorial Notes:
E12
Previous affecting provision: definition of “housing authority” substituted (19.08.1988) by Housing Act 1988 (28/1988), s. 21, S.I. No. 199 of 1988; deleted as per F-note above.
Section 3
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;
F5[(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 or, where such registered letter is returned undelivered to the sender, by ordinary prepaid post;]
(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, F6[a notice mentioned in subsection (4) of section 117 of this Act or a notice mentioned in section 15 of the Housing (Miscellaneous Provisions) Act 2014,] 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.
F7[(8) In this section “notice” includes a tenancy warning under section 7, 8 or 9 of the Housing (Miscellaneous Provisions) Act 2014 and—
(i) references (however expressed) in this section to the serving of a notice on a person includes the serving of any such tenancy warning to a person under the said section 7, 8 or 9, as the case may be, and
(ii) subsection (5) shall apply to a tenancy warning affixed on or near the dwelling concerned in a manner prescribed under the said section 7(4), 8(3) or 9(3), as the case may be.]
Annotations
Amendments:
F5
Substituted (1.07.1997) by Housing (Miscellaneous Provision) Act 1997 (21/1997), s. 23, S.I. No. 247 of 1997.
F6
Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 18(1)(a), S.I. No. 121 of 2015.
F7
Inserted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 18(1)(a), S.I. No. 121 of 2015.
Modifications (not altering text):
C15
Application of section extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.
[Exercise of compulsory powers
16C. …
(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.
(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —
(a) references in that Act to a housing authority shall be construed as references to IDA,
(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,
(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,
(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and
(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.
(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA.]
C16
Application of subs. (5) extended (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 10(11)(b), S.I. No. 223 of 1992.
Removal of temporary dwellings from certain locations.
10.— …
(11) (a) A notice under subsection (1) may be served on a person in either or both of the following ways: …
(ii) at the discretion of the authority, by affixing it in a conspicuous position on or near the temporary dwelling to which it relates.
(b) Section 3(5) of the Principal Act shall apply to a notice affixed in accordance with paragraph (a) (ii).
C17
Subs. (5) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S.I. No. 223 of 1992. The maximum fine of £1,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010.
Increase in fines, etc.
33.—(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding £1,000 and those sections shall be construed and have effect accordingly.
(b) The provisions to which paragraph (a) relates are as follows:
(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and
…
Section 4
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.
Annotations
Modifications (not altering text):
C18
Subs. (5) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S.I. No. 223 of 1992. The maximum fine of £1,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010.
Increase in fines, etc.
33.—(1) (a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding £1,000 and those sections shall be construed and have effect accordingly.
(b) The provisions to which paragraph (a) relates are as follows:
(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and
…
Section 5
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.
F8[(4) Regulations under the Housing Acts, 1966 to 1992, may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, houses, tenancies, loans, mortgages, persons, households, works or other matters of a specified class or classes, denoted by reference to such matters 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, houses, tenancies, loans, mortgages, persons, households, works or other matters.
(5) Regulations under the Housing Acts, 1966 to 1992, may make provision in relation to matters of procedure and administration including—
(a) the appointment by the Minister of a housing authority to discharge specified functions relating to the making of a grant, subsidy or assistance by the Minister under the Housing Acts, 1966 to 1992, as respects their functional area and the functional area of such other housing authority as the Minister may specify;
(b) the charging of expenses incurred by a housing authority by virtue of paragraph (a);
(c) a requirement that the Minister or the housing authority, as the case may be, shall be furnished with prescribed particulars relating to the tax affairs of—
(i) a person making application for a grant, loan, subsidy, contribution or other assistance under the Housing Acts, 1966 to 1992, and
(ii) any person employed or proposed to be employed to carry out any construction works to which the said application relates.]
Annotations
Amendments:
F8
Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 24, S.I. No. 223 of 1992.
Modifications (not altering text):
C19
Functions of Minister under subs. (3) transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Schedule
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1966
Housing Act 1966
Sections 5(3), 38, 45(1) and 47
…
…
…
Editorial Notes:
E13
Power pursuant to section exercised (1.01.2024) by Housing (Domestic Waste Water Treatment Systems Grant For High Status Objective Catchment Areas) Regulations 2023 (S.I. No. 564 of 2023), in effect as per reg. 2.
E14
Power pursuant to section exercised (1.01.2024) by Housing (Domestic Waste Water Treatment Systems Grant For Prioritised Areas For Action) Regulations 2023 (S.I. No. 563 of 2023), in effect as per reg. 2.
E15
Power pursuant to section exercised (1.01.2024) by Housing (Domestic Waste Water Treatment Systems Grant Under The National Inspection Plan) Regulations 2023 (S.I. No. 562 of 2023), in effect as per reg. 2.
E16
Power pursuant to section exercised (1.12.2022) by Housing (Domestic Lead Remediation Grant) Regulations 2022 (S.I. No. 519 of 2022), in effect as per reg. 1(1).
E17
Power pursuant to section exercised (1.05.2019) by Housing (Standards For Rented Houses) Regulations 2019 (S.I. No. 137 of 2019).
E18
Power pursuant to section exercised (12.03.2019) by Housing (Financial Assistance) Regulations 2019 (S.I. No. 104 of 2019).
E19
Power pursuant to section exercised (27.02.2014) by Housing (Adaptation Grants for Older People and People with a Disability)(Amendment) Regulations 2014 (S.I. No. 104 of 2014), in effect as per reg. 2.
E20
Power pursuant to section exercised (19.12.2013) by Housing (Sale of Houses) (Amendment) Regulations 2013 (S.I. No. 507 of 2013).
E21
Power pursuant to section exercised (27.11.2012) by Housing (Sale of Houses to Long-Standing Tenants) (Amendment) Regulations 2012 (S.I. No. 465 of 2012).
E22
Power pursuant to section exercised (1.11.2012) by Housing (Sale of Houses) Regulations 2012 (S.I. No. 420 of 2012), in effect as per reg. 1(b).
E23
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.
E24
Power pursuant to section exercised (24.02.2011) by Housing (Sale of Houses to Long-standing Tenants) Regulations 2011 (S.I. No. 82 of 2011).
E25
Power pursuant to section exercised (8.07.2010) by Housing (Rent Books) (Amendment) Regulations 2010 (S.I. No. 357 of 2010).
E26
Power pursuant to subs. (1) exercised (2.12.2008) by Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008).
E27
Power pursuant to section exercised (1.11.2007) by Housing (Adaptation Grants for Older People and People With A Disability) Regulations 2007 (S.I. No. 670 of 2007), in effect as per reg. 2.
E28
Power pursuant to section exercised (30.12.2005) by Housing (Site Subsidy) Regulations 2005 (S.I. No. 916 of 2005).
E29
Power pursuant to section exercised (30.12.2005) by Housing (Rent Subsidy) Regulations 2005 (S.I. No. 915 of 2005).
E30
Power pursuant to section exercised (30.12.2005) by Housing (Mortgage Subsidy) Regulations 2005 (S.I. No. 914 of 2005).
E31
Power pursuant to section exercised (30.12.2005) by Housing Regulations 1980 (Amendment) Regulations 2005 (S.I. No. 913 of 2005).
E32
Power pursuant to section exercised (24.11.2004) by Housing (Rent Books) Regulations 1993 (Amendment) Regulations 2004 (S.I. No. 751 of 2004).
E33
Power pursuant to section exercised (24.10.2003) by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2003 (S.I. No. 502 of 2003).
E34
Power pursuant to section exercised (14.11.2002) by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2002 (S.I. No. 517 of 2002).
E35
Power pursuant to section exercised (21.03.2002) by Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 2002 (S.I. No. 106 of 2002).
E36
Power pursuant to section exercised (19.12.2001) by Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001).
E37
Power pursuant to section exercised (19.12.2001) by Housing (New House Grant Etc.) Regulations 1990 (Amendment) Regulations 2001 (S.I. No. 609 of 2001).
E38
Power pursuant to section exercised (19.12.2001) by Housing Regulations, 1980 (Amendment) Regulations 2001 (S.I. No. 608 of 2001).
E39
Power pursuant to section exercised (19.12.2001) by Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 (S.I. No. 607 of 2001).
E40
Power pursuant to section exercised (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001).
E41
Power pursuant to section exercised (12.07.2001) by Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001).
E42
Power pursuant to section exercised (1.01.2001) by Housing Act 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.
E43
Power pursuant to section exercised (24.01.2000) by Housing (Registration of Rented Houses) (Amendment) Regulations 2000 (S.I. No. 12 of 2000).
E44
Power pursuant to section exercised (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999).
E45
Power pursuant to section exercised (21.12.1998) by Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1998 (S.I. No. 537 of 1998).
E46
Power pursuant to section exercised (22.10.1998) by Housing Regulations 1980 (Amendment) (No. 2) Regulations 1998 (S.I. No. 426 of 1998).
E47
Power pursuant to section exercised (1.05.1998) by Housing Regulations 1980 (Amendment) Regulations 1998 (S.I. No. 152 of 1998).
E48
Power pursuant to section exercised (1.05.1998) by Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 1998 (S.I. No. 151 of 1998).
E49
Power pursuant to section exercised (28.05.1996) by Housing Regulations 1980 (Amendment) Regulations 1996 (S.I. No. 148 of 1996).
E50
Power pursuant to section exercised (4.04.1996) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1996 (S.I. No. 88 of 1996).
E51
Power pursuant to section exercised (1.05.1996) by Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996), in effect as per reg. 2.
E52
Power pursuant to section exercised (28.07.1995) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1995 (S.I. No. 211 of 1995).
E53
Power pursuant to section exercised (18.07.1995) by Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995).
E54
Power pursuant to section exercised (6.12.1993) by Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993).
E55
Power pursuant to section exercised (21.06.1993) by Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1993 (S.I. No. 157 of 1993).
E56
Power pursuant exercised (1.09.1993) by Housing (Rent Books) Regulations 1993 (S.I. No. 146 of 1993), in effect as per reg. 2.
E57
Power pursuant to section exercised (13.04.1992) by Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (S.I. No. 86 of 1992).
E58
Power pursuant to section exercised (7.02.1992) by Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992).
E59
Power pursuant to section exercised (13.12.1990) by Housing (New House Grants Etc.) (Amendment) Regulations 1990 (S.I. No. 301 of 1990).
E60
Power pursuant to section exercised (9.11.1989) by Housing (Improvement Grants) Regulations 1989 (S.I. No. 290 of 1989).
E61
Power pursuant to section exercised (1.01.1989) by Housing (Miscellaneous Provisions) Regulations 1988 (S.I. No. 362 of 1988), in effect as per reg. 1(2).
E62
Power pursuant to section exercised (10.10.1988) by Housing (Improvement Grants) Regulations 1988 (S.I. No. 261 of 1988).
E63
Power pursuant to section exercised (8.07.1988) by Finance Act 1981 (Certificates of Reasonable Cost) Regulations 1981 (Amendment) Regulations 1988 (S.I. No. 163 of 1988).
E64
Power pursuant to section exercised (4.12.1987) by Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987).
E65
Power pursuant to section exercised (25.11.1986) by Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986).
E66
Power pursuant to section exercised (8.07.1985) by Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985).
E67
Power pursuant to section exercised (24.05.1984) by Housing (Improvement Grants) (Amendment) Regulations 1984 (S.I. No. 133 of 1984).
E68
Power pursuant to section exercised (1.03.1984) by Housing Regulations, 1980 (Amendment) Regulations 1984 (S.I. No. 50 of 1984), in effect as per reg. 3.
E69
Power pursuant to section exercised (2.11.1983) by Housing (Improvement Grants) Regulations 1983 (S.I. No. 330 of 1983).
E70
Power pursuant to section exercised (15.02.1983) by Finance Act 1981 (Certificates of Reasonable Cost) Regulations (Amendment) Regulations 1983 (S.I. No. 39 of 1983).
E71
Power pursuant to section exercised (15.02.1983) by Housing Regulations 1980 (Amendment) Regulations 1983 (S.I. No. 38 of 1983).
E72
Power pursuant to section exercised (16.06.1982) by Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982).
E73
Power pursuant to section exercised (27.08.1981) by Finance Act 1981 (Certificates of Reasonable Cost) Regulations 1981 (S.I. No. 300 of 1981).
E74
Power pursuant to section exercised (19.05.1981) by Housing Regulations 1980 (Amendment) (No. 3) Regulations 1981 (S.I. No. 186 of 1981).
E75
Power pursuant to section exercised (19.05.1981) by Housing Regulations 1980, (Amendment) (No. 2) Regulations 1981 (S.I. No. 185 of 1981).
E76
Power pursuant to section exercised (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).
E77
Power pursuant to section exercised (10.05.1974) by Housing Act 1970 (Supplementary Grants) (Amendment) Regulations 1974 (S.I. No. 132 of 1974).
E78
Power pursuant to section exercised (3.09.1973) by Housing Act 1970 (Supplementary Grants) Regulations 1973 (S.I. No. 259 of 1973).
E79
Previous affecting provision: power pursuant to section exercised (1.07.2017) by Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017), in effect as per reg. 1(2); revoked (1.05.2019) by Housing (Standards For Rented Houses) Regulations 2019 (S.I. No. 137 of 2019), reg. 14.
E80
Previous affecting provision: power pursuant to section exercised (1.12.2009) by Housing (Standards For Rented Houses) (Amendment) Regulations 2009 (S.I. No. 462 of 2009), in effect as per reg. 1(b); revoked (1.07.2017) by Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017), reg. 14, in effect as per reg. 1(2).
E81
Previous affecting provision: power pursuant to section exercised (1.02.2009 and 1.02.2013) by Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008), in effect as per reg. 2; revoked (1.07.2017) by Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017), reg. 14, in effect as per reg. 1(2).
E82
Previous affecting provision: power pursuant to section exercised (10.11.1998) by Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998); revoked (1.01.2001) by Housing Act 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
E83
Previous affecting provision: power pursuant to section exercised (1.05.1998) by Housing (Mortgage Allowance) Regulations 1993 (Amendment) Regulations 1998 (S.I. No. 153 of 1998); revoked (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001), reg. 11.
E84
Previous affecting provision: power pursuant to section exercised (1.05.1998) by Housing (Improvement Grants) (Thatched Roofs) Regulations 1990 (Amendment) Regulations 1998 (S.I. No. 150 of 1998); revoked (19.12.2001) by Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001), reg. 9.
E85
Previous affecting provision: power pursuant to section exercised (31.03.1998) by Housing (Sale of Houses) Regulations 1995 (Amendment) Regulations 1998 (S.I. No. 91 of 1998); revoked (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999), reg. 3.
E86
Previous affecting provision: power pursuant to section exercised (1.01.1994 and 1.01.1998) by Housing (Standards For Rented Houses) Regulations 1993 (S.I. No. 147 of 1993), in effect as per reg. 2; revoked (1.02.2009 and 1.02.2013) by Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008), reg. 14, in effect as per reg. 2.
E87
Previous affecting provision: power pursuant to section exercised (16.09.1993) by Housing (Sale of Dwellings) Regulations 1993 (S.I. No. 267 of 1993); revoked (18.07.1995) by Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995), reg. 15.
E88
Previous affecting provision: power pursuant to section exercised (14.09.1993) by Housing (Disabled Persons and Essential Repairs Grants) Regulations 1993 (S.I. No. 262 of 1993); revoked (19.12.2001) by Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 (S.I. No. 607 of 2001), reg. 6.
E89
Previous affecting provision: power pursuant to section exercised (5.02.1993) by Housing (Mortgage Allowance) Regulations 1993 (S.I. No. 32 of 1993); revoked (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001), reg. 11.
E90
Previous affecting provision: power pursuant to section exercised (13.12.1990) by Housing (Improvement Grants) (Thatched Roofs) Regulations 1990 (S.I. No. 300 of 1990); revoked (19.12.2001) by Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001), reg. 9.
E91
Previous affecting provision: power pursuant to section exercised (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990); revoked (6.12.1993) by Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993), reg. 6.
E92
Previous affecting provision: power pursuant to section exercised (1.08.1984) by Housing Regulations 1980 (Amendment) (No. 2) Regulations 1984 (S.I. No. 203 of 1984); revoked (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990), art. 3 and sch. 1.
E93
Previous affecting provision: power pursuant to section exercised (27.01.1981) by Housing Regulations, 1980 (Amendment) Regulations 1981 (S.I. No. 29 of 1981); revoked (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990), art. 3 and sch. 1.
E94
Previous affecting provision: subs. (4) inserted (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 14, S.I. No. 276 of 1979; substituted as per F-note above.
E95
Previous affecting provision: power pursuant to section exercised (7.12.1978) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1978 (S.I. No. 337 of 1978); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E96
Previous affecting provision: power pursuant to section exercised (15.09.1978) by Housing Authorities (Borrowing and Management) Regulations 1974 (Amendment) Regulations 1978 (S.I. No. 270 of 1978); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E97
Previous affecting provision: power pursuant to section exercised (12.09.1977) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) (No. 2) Regulations 1977 (S.I. No. 293 of 1977); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E98
Previous affecting provision: power pursuant to section exercised (16.02.1977) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1977 (S.I. No. 40 of 1977); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E99
Previous affecting provision: power pursuant to section exercised (1.07.1976) by Housing Authorities (Borrowing and Management) Regulations 1974 (Amendment) Regulations 1976 (S.I. No. 143 of 1976), in effect as per reg. 3; revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E100
Previous affecting provision: power pursuant to section exercised (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E101
Previous affecting provision: power pursuant to section exercised (24.08.1973) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1973 (S.I. No. 250 of 1973); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E102
Previous affecting provision: power pursuant to section exercised (30.11.1972) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations (No. 2) 1972 (S.I. No. 294 of 1972); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E103
Previous affecting provision: power pursuant to section exercised (1.07.1972) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1972 (S.I. No. 159 of 1972), in effect as per reg. 3; revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E104
Previous affecting provision: power pursuant to section exercised (31.01.1972) by Housing Authorities (Loans For Acquisition Or Construction of Houses) Regulations 1972 (S.I. No. 29 of 1972); revoked (26.09.1980) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E105
Previous affecting provision: power pursuant to section exercised (25.03.1971) by Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1971 (S.I. No. 111 of 1971); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E106
Previous affecting provision: power pursuant to section exercised (9.03.1970) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1970 (S.I. No. 42 of 1970); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E107
Previous affecting provision: power pursuant to section exercised (13.06.1969) by Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1969 (S.I. No. 109 of 1969); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E108
Previous affecting provision: power pursuant to section exercised (13.04.1967) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E109
Previous affecting provision: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.
Section 6
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
Section 7
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.
Section 8
Charging of expenses of housing authority who are county council.
8.—F9[…]
Annotations
Amendments:
F9
Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S.I. No. 223 of 1992, subject to certain exceptions and transitional provisions in subss. (2)-(5).
Section 9
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.
Section 10
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.
Annotations
Modifications (not altering text):
C20
Application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 19(1), S.I. No. 199 of 1988.
Application of certain sections of Part II of Principal Act.
19.—(1) Section 10 of the Principal Act shall apply to any sum due under the Housing Acts, 1966 to 1988, by the Minister to a person (including a housing authority) from whom another sum is due to the Minister as that section applies to sums due by and to a housing authority.
…
Chapter II
Assistance of Certain Research, Training and Bodies
Section 11
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) F10[…]
(b) a person engaged, at the request of or with the concurrence of the Minister, in research in relation to housing.
(2) F10[…]
Annotations
Amendments:
F10
Repealed (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4 and sch. 1, S.I. No. 329 of 2002.
Section 12
Assistance by housing authority of certain bodies.
12.—F11[…]
Annotations
Amendments:
F11
Repealed (1.01.1989) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 295 of 1988.