Temporary Dwellings

Table of Contents

Local Government (Sanitary Services) Act 1948

An act to amend and extend the Public Health Acts, 1878 to 1931.
[14th January, 1948.]
Part I Preliminary And General

1. Short title, construction and collective citation.
(1) This Act may be cited as the Local Government (Sanitary Services) Act, 1948.

(2) This Act shall be construed as one with the Public Health Acts, 1878 to 1931.

(3) The Public Health Acts, 1878 to 1931, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1948.

2. Definitions.

(1) In this Act—
the expression “the Act of 1878” means the Public Health (Ireland) Act, 1878;

the expression “the Acts” means the Local Government (Sanitary Services) Acts, 1878 to 1948.

the word “enactment” includes any instrument made under an Act;

the expression “the Minister” means the Minister for Local Government;

the expression “temporary dwelling” means any—
(a) tent, or

(b) van or other conveyance (whether on wheels or not), or

(d) vessel on inland waters,

used for human habitation or constructed or adapted for such use;

the word “vessel” includes any ship, boat, barge or lighter.

(2) A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.

3. Commencement.
This Act (except section 34) shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor or either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

4. Repeals.
The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
6. Continuation of existing regulations and bye-laws.
Every regulation or bye-law which was made under an enactment repealed by this Act and which was in force immediately before such repeal shall, upon and after such repeal, be deemed to be a regulation or bye-law (as the case may be) made under the appropriate section of this Act and shall have effect and be capable of being amended or revoked accordingly.

7. Laying of regulations before Houses of Oireachtas.

Every regulation made by the Minister under this Act 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 such House within the next subsequent twenty one 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.

8. Revocation or amendment of order made by the Minister under this Act.

Every power conferred by this Act on the Minister to make any order shall be construed as including a power to revoke or amend any order made under such power and to make another order in lieu of any order so revoked.
9. Expenses of the Minister.
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 IV Temporary Dwellings and Use of Land for Camping

30. Bye-laws in respect of use of temporary dwellings.

(1) A sanitary authority may make bye-laws regulating the use of temporary dwellings in their sanitary district and the bye-laws may, in particular, provide for all or any of the matters mentioned in the Second Schedule to this Act.

(2) Bye-laws under this section may make provision in respect of the use in coastal waters adjoining a sanitary district of vessels which are used primarily for human habitation as if the coastal waters were inland waters in the sanitary district.

(3) […]
31. Prohibition by sanitary authority of temporary dwellings.
(1) A sanitary authority may by order prohibit the erection or retention of temporary dwellings on any land or water in the sanitary district if they are of opinion that such erection or retention would be prejudicial to public health or the amenities of the locality or would interfere to an unreasonable extent with traffic on any road.

(2) A prohibition under this section may relate either to specified land or water or all land or water of a specified class and, in particular, may relate to all land or water within a specified distance of the centre line of any road or a specified road.

(3) Where a person is aggrieved by an order under this section—
(a) such person may, within fourteen days after a copy of the order is published pursuant to subsection (9) of this section, send to the Minister an application in writing (which shall include a statement of the reasons therefor) for the annulment of the order,

(b) the Minister, after consideration of the application and such representations in regard thereto as the sanitary authority concerned may think fit to make, may either annul the order, confirm the order without variation or confirm the order with variations by way of reduction of the land or water to which it relates.

(4) A person who erects or retains a temporary dwelling in contravention of an order in force under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine] and, in the case of a continuing offence, to a further [class E fine] for each day on which the offence is continued.

(5) Where a person is convicted on a second or subsequent occasion of an offence under this section in relation to the same temporary dwelling, the Court may, in addition to or in lieu of imposing a fine, order the forfeiture of the temporary dwelling to the sanitary authority concerned and thereupon that authority may take possession of the temporary dwelling and dispose of it by sale, destruction or otherwise as they think fit.

(6) A prohibition under this section may be made in respect of the retention in coastal waters adjoining a sanitary district of vessels which are used primarily for human habitation as if the coastal waters were inland waters in the sanitary district.

(7) Where any coastal waters adjoin two or more sanitary districts, the Minister may by order provide that, for the purposes of subsection (6) of this section, the whole or a specified part of the coastal waters shall be regarded as adjoining any one of the sanitary districts and no other, and the said subsection (6) shall have effect accordingly.

(8) An order under this section shall come into force—
(a) if no application is made for the annulment of the order—thirty days after a copy of the order is published pursuant to subsection (9) of this section, and

(b) if an application is made for the annulment of the order and the order is not annulled thereon—fourteen days after the determination of the application.

(9) Where a sanitary authority make an order under this section, they shall, within fourteen days after the order is made, cause to be published, in a daily newspaper circulating in their sanitary district, a copy of the order and a statement of the right conferred by this section to apply for the annulment of the order.

(10) Where an order under this section has come into force, the sanitary authority who made the order shall, within fourteen days after the order has come into force, cause to be published, in a daily newspaper circulating in their sanitary district, a copy of the order (as made by the sanitary authority or as confirmed by the Minister, whichever is appropriate) and a statement that it has come into force.

32. Nuisances in relation to temporary dwelling.

(1) If a temporary dwelling is in such a state as to be a nuisance or injurious to health or if the use of a temporary dwelling, whether by reason of the absence of proper sanitary conveniences, overcrowding or other cause, gives rise to a nuisance or conditions injurious to health, the temporary dwelling shall be deemed to be a nuisance within the meaning of section 107 of the Act of 1878 and the provisions of that Act relating to nuisances shall apply accordingly and for that purpose the person in charge of the temporary dwelling shall be regarded as the occupier thereof.

(2) Where a temporary dwelling is deemed pursuant to this section to be a nuisance, a notice requiring the abatement of the nuisance may, without prejudice to the liability of the person in charge of the dwelling, be served under section 110 of the Act of 1878 on the occupier of the site of the temporary dwelling and proceedings for the abatement of the nuisance may be taken against such occupier.

33. Extension of powers of court in certain proceedings.

(1) The powers of a court before which proceedings are brought in respect of—
(a) a nuisance in relation to a temporary dwelling, or

(b) a contravention in relation to a temporary dwelling or vessel in coastal waters of a bye-law made under this Part of this Act,

shall include power to make an order prohibiting or restricting the erection or retention of the temporary dwelling or vessel at such places or within such area as may be specified in the order.

(2) A person who contravenes an order made by virtue of this section, or who, being the occupier of land, permits such a contravention to take place on that land, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine] and, in the case of a continuing offence, to a further [class E fine] for each day on which the offence is continued.

34. Use of land for camping.

(1) This section shall come into operation as provided by the orders made under subsection (2) of this section.

(2) The Minister may by order provide that this section shall come into operation in a specified sanitary district or part of a sanitary district on a specified day.

(3) An order under subsection (2) of this section shall be published by the sanitary authority for the sanitary district to the whole or part of which the order relates in such manner as the Minister directs.

(4) A sanitary authority may, if they so think fit, but subject to the provisions of subsection (5) of this section, grant to the occupier of land, being land within their sanitary district or the part thereof as respects which this section is in operation, or, with the consent of such occupier to a camping organisation a licence authorising the use during a specified period of twelve consecutive months of such land for camping.

(5) Before granting a licence under this section in relation to land situated within an area to which Part IV of the Tourist Traffic Act, 1939 (No. 24 of 1939) applies, a sanitary authority shall consult with the Irish Tourist Board.

(6) Where a licence is granted under this section by a sanitary authority in relation to land, the sanitary authority shall attach to the licence specified conditions with respect to all of the following matters:
(a) the maximum number of temporary dwellings to be kept on the land at the same time,

(b) the manner in which the land is to be laid out,

(d) the space to be kept free between any two temporary dwellings on the land or between a temporary dwelling on the land and any other structure thereon,

(e) the distance to be maintained between any temporary dwelling on the land and any public road,

(f) water supply,

(g) sanitary conveniences,

(h) disposal of filth, refuse, litter or other débris,

(i) means of ingress, egress and internal communication,

(j) orderly and decent behaviour by the inhabitants of temporary dwellings on the land,

(k) the securing of healthy conditions and the preserving of amenities,

(l) the supervision of temporary dwellings on the land (including, where necessary in the opinion of the sanitary authority, the employment of a warden for that purpose),

(m) the keeping and production for inspection by officers of the sanitary authority granting the licence of records with respect to temporary dwellings on the land.

(7) A licence granted by a sanitary authority under this section shall come into force—
(a) if no objection to such grant has been made under subsection (8) of this section during fifteen days after such grant—at the expiration of the said fifteen days, and

(b) if an objection has been so made during the said fifteen days and such licence is not directed to be withdrawn—on the decision of such objection.

(8) Any person who is aggrieved by—
(a) the grant or refusal by a sanitary authority of a licence under this section, or

(b) a condition attached by a sanitary authority to a licence under this section

may object to such grant, refusal or condition by giving notice in that behalf to the Minister within fifteen days of the day on which notice was given by the sanitary authority to the applicant for the licence that the licence was granted or refused (as the case may be), and the notice shall be in writing and shall contain a statement of the grounds of such objection.

(9) Where a notice of objection in relation to a grant of or a refusal to grant a licence under this section or to a condition attached to any such licence is given under this section, the Minister, after consideration of the objection and after consultation with the sanitary authority concerned, shall either reject the objection or direct the sanitary authority (who shall comply with such direction) to withdraw the licence granted or to grant the licence refused or to vary in a specified manner the condition objected to (as may be appropriate).

(10) Subject to subsection (12) of this section, the occupier of land shall not use the land for camping, or permit it to be so used, on more than—
(a) eighteen consecutive days, or

(b) thirty-six days within a period of twelve consecutive months,

unless a licence is in force under this section relating to the land.

(11) Subject to subsection (12) of this section, the holder of a licence under this section shall comply with every condition attached to the licence.

(12) Nothing in this section shall prohibit or restrict the use of land for camping—
(a) if the land is agricultural land and the camping is carried on during the same seasons in each year by persons engaged in farming operations on the land, or

(b) if the land is occupied in connection with a permanent dwelling situate on or in the vicinity of such land, and the camping is carried on by no persons other than the occupier of the permanent dwelling and members of his household.

(13) A person who contravenes subsection (10) or (11) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine] and, in the case of a continuing offence, to a further [class E fine] for each day on which the contravention is continued.

(14) For the purposes of this section, land (in this subsection referred to as the site) which is the site of a temporary dwelling and all land which is within one hundred yards of the site and of which the occupier is the occupier of the site shall be land used for camping.

(15) Subsection (14) of this section shall not be construed as preventing the keeping of a temporary dwelling on a site which is on land to which a licence under this section relates and which is within one hundred yards of any boundary of that land.

(16) For the purposes of this section—
(a) the owner of land which is not let shall be deemed to be the occupier thereof;

(b) if a temporary dwelling is removed from the site on which it stands, but within forty-eight hours is brought back to the same site or another site within one hundred yards thereof, then for the purpose of reckoning any such period of eighteen consecutive days as is mentioned in subsection (10) of this section, it shall be deemed not to have been removed;

Housing (Miscellaneous Provisions) Act 1992

10. Removal of temporary dwellings from certain locations.

[(1) Where, without lawful authority, a person erects, places, occupies or otherwise retains a temporary dwelling in a public place and such temporary dwelling—
(a) is within a five mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed under section 6 and the temporary dwelling concerned could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on that site, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove the said temporary dwelling to the said site,

(b) is, in the opinion of the housing authority concerned—
(i) unfit for human habitation due to lack or inadequacy of water supply, sanitation or other essential services, or

(ii) likely to obstruct or interfere with the use of public or private amenities or facilities, or the maintenance of such amenities or facilities, or

(iii) likely to constitue or constitutes a significant risk to personal health, public health or safety,

and such temporary dwelling could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed occupied or otherwise retained, appropriately be accommodated on any site provided, managed or controlled under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed under section 6, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove such temporary dwelling to the said site,

[(c) is within a one mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any other traveller accommodation provided, managed or controlled by a housing authority under the Housing Acts, 1966 to 2002, or any traveller housing accommodation provided or managed under section 6 and the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained is of the opinion that, whether by reason of its use or occupancy or by reason of its being one of a number of such temporary dwellings or otherwise, such temporary dwelling or any occupant of the temporary dwelling—
(i) is causing a nuisance or obstruction to the occupants of that site or traveller accommodation or to the occupants of any other dwellings or dwelling within a one mile radius of that site or that traveller accommodation, or

(ii) creates a risk to the quality of water, sanitary, electrical or other services associated with that site or traveller accommodation or with any other dwelling or dwellings within a one mile radius of that site or traveller accommodation, or

(iii) obstructs or interferes with the user or enjoyment by any person of any public or private amenity or any public or private facility or the maintenance of any such amenity or facility, within a one mile radius of that site or traveller accommodation, the housing authority concerned may serve notice on that person requiring that person, within a specified period, to remove the said temporary dwellings.]]

(2) A notice under subsection (1) shall specify—
(a) the location and description of the temporary dwelling to which it relates,

[(b) the location of the site to which the temporary dwelling is required to be removed, or where a notice is served under subsection (1)(c), that the temporary dwelling is required to be removed to at least a distance of one mile from the specified site,]

(c) the period, being not less than 24 hours from the time at which the notice is served, within which the requirements of the notice are to be complied with, and

(d) the statutory consequences of failure to comply with the requirements of the notice.

(3) Where, before the expiry of the period within which the requirements of a notice under subsection (1) are to be complied with, the temporary dwelling to which the notice relates is removed to a location in which it may lawfully be retained by the person concerned and the housing authority would not be entitled to serve another notice under subsection (1) in relation to the location, then subsections (4) and (5) shall not have effect.

(4) Any person on whom a notice under subsection (1) is served who fails in any respect to comply with any requirement of the notice shall be guilty of an offence.

(5) Where, in the opinion of the housing authority, the requirements of a notice under subsection (1) have not been complied with in all or any respects, then, without prejudice to any other provisions of this section, the authority may, without further notice, remove or procure the removal of the temporary dwelling—
[(a) to the site specified in the notice or, where a notice is served under subsection (1)(c), to a location that is not less than one mile from the site referred to in that subsection, or

(b) where they are for any reason prevented from so doing, to another location for storage by or on behalf of the authority.

(6) Any person who obstructs or impedes or assists a person to obstruct or impede a housing authority in exercising their functions under this section shall be guilty of an offences.

(7) Where a temporary dwelling has been removed by a housing authority under this section without the presence or knowledge of any person claiming to own, occupy or otherwise retain it, the authority shall serve upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing him—
(a) where a temporary dwelling is removed to a site under subsection (5)(a), of the location of the site,

(b) where the temporary dwelling is removed to a place of storage under subsection (5) (b), of the address of the place where it may be claimed and recovered, and

(8) Possession of a temporary dwelling removed by a housing authority under subsection (5)(b) shall be given by the authority to a person claiming possession of it on his satisfying the authority that his claim thereto is bona fide if, but only if, the person makes a declaration in writing that—
(a) he is the owner of the temporary dwelling, or

(b) he is authorised by its owner to claim it, or

and, at the discretion of the authority, he pays the amount of any expenditure reasonably incurred by that authority in removing and storing the temporary dwelling.

(9) A housing authority may dispose or procure the disposal of a temporary dwelling removed by them under this section unless, within one month from the date of its removal or, where a notice is served in respect of it under subsection (7), from the time at which the notice is served—
(a) where the temporary dwelling is removed to a site under subsection (5)(a), it is occupied with the authority’s consent, on the site or lawfully removed from the site by the owner, or

(b) where the temporary dwelling is removed to a place of storage under subsection (5)(b), it is claimed in accordance with subsection (8) and removed from the place where it is stored.

(10) Where—
(a) a housing authority become entitled to dispose or procure the disposal of a temporary dwelling by virtue of subsection (9),

(b) the name and address of the owner of the temporary dwelling is or can be ascertained by the authority by reasonable enquiry, and

then the authority shall be entitled to sell the temporary dwelling for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner of the temporary dwelling at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority in its removal, storage and sale and any expenditure incurred by that or another housing authority in the provision of the temporary dwelling.

(11)
(a) A notice under subsection (1) may be served on a person in either or both of the following ways:
(i) in accordance with section 3 of the Principal Act, and

(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).

(12) Any person guilty of an offence under subsection (4) or (6) shall be liable on summary conviction to a [class C fine] or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(13) The provisions of this section are without prejudice to the functions of a public authority under any other enactment or any rule of law.

(14) In this section—
“public authority” means—
(a) the Government,

(b) a Minister of the Government,

(d) a health board, and

(e) any other body established—
(i) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and a subsidiary of any such body;
“public place” means any street, road or other place to which the public have access whether as of right or by express or implied permission and whether subject to or free of charge and any property or other land owned or occupied by or leased to a public authority;
“temporary dwelling” means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another, and—
(a) is or was used for human habitation, either permanently or from time to time, or

(b) was designed, constructed or adapted for such use.