Incremental Purchase

Table of Contents

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 within its charge. The consent of the local authority or relevant housing body is required for resale.

The Incremental Purchase Scheme is designed to provide affordable homes to those renting social housing or waiting for the allocation of social housing. The scheme is available to existing and prospective tenants of rented social housing in order to purchase new local authority or approved body housing.

Existing social housing tenants, including tenants of local authorities, approved bodies, and under the rental accommodation scheme, were given the opportunity to purchase under the scheme. Some new social housing tenants were given the opportunity, subject to meeting conditions, to become incremental purchasers rather than rental tenants. Applicants must transfer to a new house available as per the scheme.

Conditions require occupancy as normal place of residence maintenance. Consent is required to resell.

Charge & Sale

The local authorities obtain a charge in respect of its share in the house. The share charged to the local authority is intended to be reduced over time. A reduction applies after a certain number of years of occupation.

The reduction of the charge share may be suspended where the purchaser fails to comply with conditions. The charge may be deferred to a mortgage lender’s charge to enable the purchaser to refinance an existing mortgage.

Consent is required to resale. It may be refused for specified reasons, including that the seller may be left with inadequate housing. There is provision for adjustment of payments to take account of improvements undertaken with consent. The payment to the local authority is reduced, which would cause a net loss to the buyers relative to the original price.

Under the scheme, the title to the house is transferred on payment of between 40 and 60 percent of the total cost, depending on income. A charge is placed in the property in respect of the discounted amount which declines in annual increments of two percent until the charge is redeemed.

This charge is placed on the property in relation to the discounted amount. The buyer takes a mortgage to meet the remaining cost of the house and accepts responsibility for the repair, maintenance and insurance.

Application of Scheme

The scheme applies to new built houses only. They must be identified for sale by the local authority or housing body. Households in receipt of or eligible for social housing support, including those in voluntary cooperative and local authority RAS or leased properties, may apply.

The purchase price is based on the all-in cost of providing the house. A discount of 40 to 60 percent is allowed depending on the applicant\’s income.

If the property is resold by the purchaser, the amount of the outstanding local authority equity charge is redeemed. The Housing Authority has first option to purchase in the event of resale during the charge period. SI 252 of 2010.

Eligibility for the scheme depends on the level of household income. The relevant degree of percentage ownership retained depends on the bands of income into which the applicant falls.

Loans & Grants

Local authorities may provide assistance to purchasers to buy, construct or reconstruct their houses. Local authorities may provide loans and grants for the acquisition of properties, provide loans for repair and improvement and provide sites for the construction of houses.

The 1992 legislation permitted local authorities to make loans to voluntary agents and housing bodies.

The local authority may make loans for the repair and improvement of houses. The local authority may arrange works on houses even though not local authority houses for the purpose of rendering them fit for habitation or to relieve overcrowding.

There is provision for the surrender of existing local authority houses in return for grants or assistance for the construction of new houses.

The mortgage allowance regulations provide for mortgage subsidy in respect of loans for the purchase of or construction of a dwellinghouse. It is available to local authority tenant purchasers or tenant purchasers who purchase an affordable house and surrender of the existing local authority tenancy.

Housing (Miscellaneous Provisions) Act 2009

PART 3

INCREMENTAL PURCHASE ARRANGEMENTS

Annotations

Editorial Notes:

E58
Fee chargeable in respect of an application to the Land Registry for registration of a transfer order under Part prescribed (1.12.2012) by Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012), art. 4(1) and sch. item 13, in effect as per reg. 1(2).

E59
Prohibition on sale of dwellings by housing authority or approved body under an incremental purchase arrangement to a person who previously purchased a dwelling from a housing authority or an approved body under Part (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 5, in effect as per reg. 2.

E60
Classes of dwelling to which incremental purchase arrangements may apply confirmed (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 4, in effect as per reg. 2.

E61
Certain terms and conditions of incremental purchase scheme under Part prescribed (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), in effect as per reg. 2.

E62
Previous affecting provision: application of Housing (Local Authority Loans) Regulations 2012 (S.I. No. 408 of 2012) to the provision of loan finance by housing authorities to first time buyers for the purchase of a dwelling under Part provided (31.07.2012) by Housing (Local Authority Loans) Regulations 2012 (S.I. No. 408 of 2012), reg. 3(b), in effect as per reg. 1(2); revoked (1.02.2018) by Housing (Rebuilding Ireland Home Loans) Regulations 2018 (S.I. No. 25 of 2018), reg. 15(1) and sch. item 3, in effect as per reg. 1(2), subject to transitional provisions in reg. 15(2).

E63
Previous affecting provision: application of Housing (Local Authority Loans) Regulations 2009 (S.I. No. 145 of 2009) to the provision of loan finance by housing authorities to first time buyers for the purchase of a dwelling under Part provided by Housing (Local Authority Loans) Regulations 2009 (S.I. No. 145 of 2009), reg. 3, as amended (1.01.2012) by Housing (Local Authority Loans) (Amendment) Regulations 2011 (S.I. No. 678 of 2011), reg. 2, in effect as per reg. 1(2); revoked (31.07.2012) by Housing (Local Authority Loans) Regulations 2012 (S.I. No. 408 of 2012), in effect as per reg. 1(2).

E64
Previous affecting provision: classes of dwelling to which incremental purchase arrangements may apply confirmed (1.01.2010) by Housing (Incremental Purchase) Regulations 2009 (S.I. No. 562 of 2009), in effect as per reg. 1(b); revoked (14.06.2012) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 18, in effect as per reg. 2

Section 43

Interpretation (Part 3).

43.— (1) In this Part—

“charging order” has the meaning given to it by section 46;

“charged period” has the meaning given to it by section 46;

“charged share” has the meaning given to it by section 46;

“eligible household” means—

F48[(a) a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme, and which applies to purchase the dwelling under this Part within 5 years from the date of such allocation, or ]

(b) subject to subsection (2), a household referred to in section 22 (5) (c) which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme;

“incremental purchase arrangement” has the meaning given to it by section 45;

“incremental release” has the meaning given to it by section 46;

“market value”, in relation to a dwelling to which this Part applies, means the price for which the unencumbered fee simple of the dwelling might reasonably be expected to be sold on the open market and, in a case where the site for the dwelling was provided to the housing authority by the eligible household for a nominal sum, excludes an amount equal to the excess (if any) of the market value of the site over such sum;

“net market value” means the market value reduced by an allowance equal to the amount of the market value attributable to material improvements;

“purchase money”, in relation to a dwelling to which this Part applies, means the monetary value of the proportion of the purchase price of the dwelling fixed by the housing authority, in accordance with regulations made under section 49 for the purposes of calculating the purchase money, as the proportion that is required to be paid to purchase the dwelling;

“purchase price”, in relation to a dwelling to which this Part applies, means the price of the dwelling determined by a housing authority in accordance with regulations made under section 49 for the purposes of calculating the purchase price;

“purchaser” means a person who purchases a dwelling under an incremental purchase arrangement and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the purchaser or his or her successor in title and the personal representative of that person or successor in title;

“transfer order” has the meaning given to it by section 45.

F49[(2) (a) A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of “eligible household” in subsection (1) where—

(i) at any time during the 3 years immediately before applying to the authority to purchase a dwelling under this Part, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) subject to paragraph (b), the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

(b) In applying paragraph (a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the household or the member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such household or member.]

Annotations

Amendments:

F48
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(g), S.I. No. 482 of 2015.

F49
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(h), S.I. No. 482 of 2015.

Editorial Notes:

E65
The amendments made by Housing (Miscellaneous Provisions) Act 2014 (21/2014) refer to “Act of 2009”, which is defined in that Act as being this Act (Housing (Miscellaneous Provisions) Act 2009 (22/2009)).

Section 44

Application of Part 3 to certain dwellings.

44.— (1) Subject to subsection (2), this Part applies to a dwelling—

(a) provided by a housing authority under the Housing Acts 1966 to 2009 or by an approved body with the assistance of a housing authority under section 6 of the Act of 1992 or provided under Part V of the Planning and Development Act 2000—

(i) constructed after the coming into operation of this Part, or the construction of which began before the coming into operation of this Part and which is completed after such coming into operation and which is allocated to an eligible household in accordance with an allocation scheme within one year of its completion, or

(ii) which has not previously been let in accordance with an allocation scheme and is vacant on the coming into operation of this Part,

and

(b) and which is of a class of dwelling prescribed for the purposes of this Part as being a class of dwelling to which an incremental purchase arrangement may apply.

(2) (a) This Part does not apply to a dwelling referred to in subsection (1) which is—

(i) an apartment in a designated apartment complex, or

(ii) a dwelling which is a separate and self-contained apartment in a premises, divided into 2 or more apartments, which requires arrangements for the upkeep and management of all or any part of the common areas, structures, works or services other than by the purchaser.

(b) For the purposes of paragraph (a) (i), “apartment” and “designated apartment complex” have the same meaning as they have in section 50.

Section 45

Sale of dwelling by incremental purchase arrangement.

45.— (1) Subject to and in accordance with this Part and the Housing Acts 1966 to 2009 and subject to such regulations as may be made under section 49, a housing authority or an approved body may enter into an arrangement (in this Part referred to as an “ incremental pur chase arrangement ”) with an eligible household whereby, in consideration of the receipt by the housing authority of the purchase money, the housing authority may sell a dwelling to which this Part applies, in the state of repair and condition existing on the date of sale, to the eligible household, by means of an order (in this Part referred to as a “ transfer order ”), in the prescribed form, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified in the order, in accordance with the terms and conditions specified in subsection (2) and the terms and conditions of a charging order.

(2) The terms and conditions referred to in subsection (1) shall include the following:

(a) that where the purchaser sells the dwelling to a person other than a housing authority or approved body during the charged period, the purchaser shall pay to the authority or approved body, as appropriate, an amount calculated in accordance with section 48 (5) or (6);

(b) that the dwelling shall, during the charged period, unless the housing authority or approved body, as appropriate, gives its prior written consent, be occupied as the normal place of residence of the purchaser or of a member of the purchaser’s household;

(c) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority or approved body, as the case may be, be sold, assigned, let or sublet or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of law;

(d) F50[…]

(e) terms and conditions relating to—

(i) maintenance of the dwelling by the purchaser, and

(ii) the provision and maintenance of adequate property insurance by the purchaser in respect of the dwelling;

(f) such other terms and conditions relating to the sale of the dwelling as may be prescribed for the purposes of a transfer order.

(3) Save as provided for by any other enactment or regulations made thereunder, the sale of a dwelling to which this Part applies under an incremental purchase arrangement shall not imply any warranty on the part of the housing authority or approved body concerned in relation to the state of repair or condition of the dwelling or its fitness for human habitation.

(4) An approved body may, with the consent of the housing authority and subject to such regulations as may be made under section 49, reserve a number of dwellings for sale under this Part, being dwellings provided with the assistance of a housing authority under section 6 of the Act of 1992.

(5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section.

Annotations

Amendments:

F50
Deleted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(i), S.I. No. 482 of 2015.

Section 46

Charging order.

46.— (1) As soon as practicable after a dwelling to which this Part applies is sold under an incremental purchase arrangement, the housing authority or approved body, as appropriate, shall, subject to such regulations as may be made under section 49, shall make an order (in this Part referred to as a “charging order”), in the prescribed form, charging the dwelling in the terms specified in this section for the period specified in the order (in this Part referred to as the “charged period” ).

(2) The charging order shall create a charge in favour of the housing authority or approved body concerned in respect of an undivided percentage share (in this Part referred to as the “charged share”), calculated in accordance with subsection (3), in the dwelling which charged share shall be reduced in accordance with subsection (4).

(3) The charged share is calculated in accordance with the following formula:

Y x 100

where—

(a) Y is the difference between the purchase price of the dwelling at the time of sale to the purchaser and the purchase money, and

(b) Z is the purchase price of the dwelling at the time of sale to the purchaser.

(4) (a) Subject to paragraph (b) and section 47, the charged share shall be reduced, in equal proportions (referred to in this section as “incremental releases”) applied annually, on the anniversary of the date of the transfer order, in respect of each complete year after that date during which a purchaser or a member of his or her household has been in occupation of the dwelling as his or her normal place of residence, until the earlier of—

(i) subject to section 48, the first resale of the dwelling, or

(ii) subject to section 47, the expiration of the charged period.

(b) The reduction of the charged share for the period of 5 years from the date of the transfer order shall be cumulative and shall not apply until the expiration of that period, provided the purchaser or a member of his or her household has been in occupation of the dwelling as his or her normal place of residence for that period.

(5) The housing authority or approved body, as the case may be, shall, at any time where requested by the purchaser, give a statement in writing, in the prescribed form, to the purchaser indicating the accumulated amount of incremental releases that have been applied under the charging order.

(6) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 and to have been executed, at the time of the sale of the dwelling, in favour of the housing authority or approved body, as appropriate, for a charge in the terms provided for in this section.

(7) Accordingly, the housing authority or approved body shall, as on and from the making of the charging order—

(a) be deemed to be a mortgagee of the dwelling for the purposes of the Conveyancing Acts 1881 to 1911, and

(b) have, in relation to the charge referred to in subsection (6), all the powers conferred by those Acts on mortgagees under mortgages made by deed.

(8) Where a housing authority or an approved body makes a charging order, it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate, and it shall be a sufficient description of the charge in respect of which the order is being registered to state that charge to be the charge referred to in section 46 (2) of the Housing (Miscellaneous Provisions) Act 2009.

(9) A charging order affecting a dwelling which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in the order as the owner of the land is or is not registered under the said Act as the owner of the land.

(10) A housing authority or an approved body may, subject to subsection (11), enter into an agreement with a holder of a licence under the Central Bank Act 1971, a building society or other financial institution that a charge proposed to be created by it by a charging order shall have a priority, as against a mortgage or charge proposed to be created in favour of that holder, society or institution, that is different from the priority the charge would otherwise have if this subsection had not been enacted.

(11) A housing authority or an approved body may only enter into an agreement referred to in subsection (10) if it considers that the agreement will—

(a) enable an eligible household to whom it is proposing to sell a dwelling to which this Part applies under an incremental purchase arrangement to obtain an advance of moneys from the holder, society or institution referred to in subsection (10) for the purposes of purchasing the dwelling, or

(b) enable a purchaser—

(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (10), or

(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (10), for any purpose.

(12) Any amount that becomes payable to a housing authority or an approved body under section 47 or 48 may, without prejudice to any other power in that behalf, be recovered by the authority or approved body, as the case may be, from the person concerned as a simple contract debt in any court of competent jurisdiction.

(13) For the avoidance of doubt, neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976.

(14) (a) On the occurrence of the earlier of the events specified in subsection (4)(a) and subject to the terms and conditions of the transfer order and of the charging order having been complied with, the housing authority or approved body, as the case may be, shall, where requested to do so by the purchaser, execute a deed of discharge in respect of the charging order.

(b) The housing authority or approved body, as the case may be, shall be liable for any expenses incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by a purchaser under this section or under section 47 or 48.

Annotations

Editorial Notes:

E66
Form of statements under subs. (5) prescribed (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 16 and sch. 2, in effect as per reg. 2.

Section 47
Suspension of reduction of charged share.

47.— (1) A housing authority or approved body, as the case may be, may suspend the reduction of the charged share provided for under section 46 in respect of any year ending on the anniversary of the transfer order, where the purchaser fails to comply with any of the terms and conditions of the transfer order.

(2) Where the housing authority or approved body suspends the reduction of the charged share under subsection (1), the charged share on the dwelling shall be calculated in accordance with the following formula:

Y x 100 —R

where—

(a) Y is the difference between the purchase price of the dwelling at the time of sale to the purchaser and the purchase money,

(b) Z is the purchase price of the dwelling at the time of sale to the purchaser, and

(3) (a) Where a housing authority or approved body has suspended the reduction of the charged share under subsection (1), the housing authority or approved body, as appropriate, shall, as soon as practicable thereafter, notify the purchaser in writing of the suspension and the reasons for the suspension.

(b) The housing authority or approved body, as the case may be, shall, on the expiration of the charged period, give a statement to the purchaser in writing, in the prescribed form, indicating the amount of the charge outstanding under the charging order on the date of expiration of the charged period, which amount shall be expressed as a percentage of the market value of the dwelling, equivalent to the charged share of the housing authority or approved body, as appropriate, in the dwelling on that date calculated in accordance with subsection (2).

(4) (a) The purchaser shall, within 2 months of receipt of the statement referred to in subsection (3), pay to the housing authority the amount set out in the statement.

(b) Where the purchaser fails to pay the amount referred to in paragraph (a), section 46 (12) applies.

(5) For the purposes of this section, “ market value ” means the price for which a dwelling might reasonably be expected to be sold on the date of expiration of the charged period, in its existing state of repair and condition and not subject to the conditions specified in section 45 (2) or to a charging order.

(6) (a) For the purposes of this section, the market value of a dwelling shall be determined by the housing authority or approved body, as appropriate, or, where the purchaser does not agree with the market value so determined, by an independent valuer nominated by the purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 49.

(b) The housing authority or approved body shall not be liable for any expenses incurred by the purchaser under paragraph (a).

Annotations

Editorial Notes:

E67
Form of statements under subs. (3)(b) prescribed (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 16 and sch. 2, in effect as per reg. 2.

Section 48

Control on resale of dwelling sold under an incremental purchase arrangement.

48.— (1) Where a purchaser proposes to sell a dwelling which is subject to a charging order which has not been discharged, he or she shall give prior written notice to the housing authority or approved body, as appropriate, in accordance with the terms and conditions specified in the transfer order.

(2) Upon receipt of a notice referred to in subsection (1), the housing authority or approved body may, subject to subsection (4), purchase the dwelling for a sum equivalent to its market value, reduced by an amount equal to that proportion of the market value of the dwelling corresponding to the charged share in the dwelling on the date of resale.

(3) Without prejudice to any other power in that behalf, a housing authority or an approved body, as appropriate, may refuse to consent to the sale to any person of the dwelling where the housing authority or an approved body, as the case may be, is of the opinion that—

(a) the proposed sale price is less than the market value,

(b) the said person is or was engaged in anti-social behaviour or the sale would not be in the interest of good estate management, or

(c) the intended sale would, if completed, leave the vendor or any person who might reasonably be expected to reside with him or her without adequate housing.

(4) Where the housing authority or approved body purchases the dwelling in accordance with subsection (2) and material improvements have been made to the dwelling with the prior written consent of the housing authority or approved body, as appropriate, in accordance with the terms and conditions of the transfer order, the price payable by the authority or approved body shall be the market value of the dwelling, reduced by an amount equal to that proportion of the net market value of the dwelling as corresponds to the charged share of the authority or approved body in the dwelling on the date of its resale.

(5) Where a purchaser resells a dwelling to a person other than a housing authority or an approved body during the charged period, the purchaser shall pay to the housing authority or approved body concerned an amount equal to a percentage of the market value, such percentage being the equivalent of the charged share of the authority or approved body in the dwelling on the date of resale of the dwelling.

(6) Where a purchaser resells a dwelling to which material improvements have been made with the prior written consent of the authority or approved body, as appropriate, to a person other than a housing authority or an approved body, the purchaser shall pay to the housing authority or approved body an amount equal to that proportion of the net market value of the dwelling as corresponds to the charged share of the authority or approved body in the dwelling on the date of its resale.

(7) Where the amount payable under any of the provisions of this section would reduce the proceeds of the sale (disregarding solicitor and estate agent’s costs and fees) below the purchase money, the amount payable under the charging order shall be reduced to the extent necessary to avoid that result.

(8) (a) Subject to paragraph (b), where a purchaser resells a dwelling which is subject to a charging order the charged period of which has expired and in respect of which the amount referred to in section 47 (3) has not been paid in accordance with that section, section 46 (12) applies.

(b) No account shall be taken of any material improvements made to the dwelling after the expiration of the charged period.

(9) The housing authority may take account of any moneys likely to accrue to an approved body from the sale of dwellings under incremental purchase arrangements when providing assistance to such a body under section 6 of the Act of 1992 in respect of the provision of housing accommodation.

(10) (a) Subject to paragraph (b), any moneys accruing to an approved body from the sale of a dwelling under an incremental purchase arrangement or the resale of such a dwelling shall be paid to the housing authority for use by the housing authority for the purposes specified in section 13.

(b) Repayment of the moneys referred to in paragraph (a) shall be limited to the extent that those moneys have been taken into account by the housing authority when providing assistance under section 6 of the Act of 1992 in respect of the provision of housing accommodation.

(11) For the purposes of this section, the current market value of a dwelling shall be determined by the housing authority or the approved body, as appropriate, or, where the vendor does not agree with the market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 49.

(12) The housing authority or approved body, as the case may be, shall not be liable for any expenses incurred by a vendor under subsection (11).

Section 49

Regulations (Part 3).

49.— The Minister may make regulations in relation to all or any one or more of the following:

(a) the class or classes of dwelling to which incremental purchase arrangements may apply;

(b) the class of classes of households with whom incremental purchase arrangements may be entered into;

(i) differentiate between different classes of dwelling, and

(ii) take account of the age of the dwelling;

(d) the method for determining the purchase money taking account of the financial circumstances of households with whom incremental purchase arrangements may be entered into;

(e) the determination of the minimum period, or the range within which a housing authority shall fix the minimum period, for which a charging order shall apply in respect of a dwelling sold under an incremental purchase arrangement, which period shall not in any case be less than 20 years from the date of the transfer order;

(f) in the case of an approved body, the reservation by it of a specified number or proportion of newly-constructed dwellings provided with the assistance of a housing authority under section 6 of the Act of 1992;

(g) the form and manner of, and terms and conditions to be specified in, a transfer order and a charging order;

(h) the class or classes or description of persons who are suitably qualified by reference to their qualifications and experience to determine the market value of a dwelling or site, as the case may be, for the purposes of this Part;

(i) the form of the statement for the purposes of sections 46(5) and 47(3);

(j) such other matters as the Minister considers necessary and appropriate relating to incremental purchase arrangements.

Annotations

Editorial Notes:

E68
Power pursuant to section exercised (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), in effect as per reg. 2.

E69
Power pursuant to section exercised (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), in effect as per reg. 2.

E70
Previous affecting provision: power pursuant to subs. (a) exercised (1.10.2010) by Housing (Incremental Purchase) Regulations 2009 (S.I. No. 562 of 2009), in effect as per reg. 1(b); subsequently revoked (14.06.2012) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 18, in effect as per reg. 2

Incremental Purchase