{"id":10475,"date":"2022-07-17T21:51:58","date_gmt":"2022-07-17T21:51:58","guid":{"rendered":"http:\/\/legalblog.ie\/housing-background\/"},"modified":"2024-02-22T23:30:01","modified_gmt":"2024-02-22T23:30:01","slug":"housing-background","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/housing-background\/","title":{"rendered":"Housing Background"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/housing-background\/#Land_Purchase_Acts\" title=\"Land Purchase Acts\">Land Purchase Acts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/housing-background\/#Agricultural_Labourers\" title=\"Agricultural Labourers\">Agricultural Labourers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/housing-background\/#First_Housing_Acts\" title=\"First Housing Acts\">First Housing Acts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/housing-background\/#Irish_Free_State\" title=\"Irish Free State\">Irish Free State<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/housing-background\/#Housing_Policy_Post-WWII\" title=\"Housing Policy Post-WWII\">Housing Policy Post-WWII<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/housing-background\/#Consolidated_Housing_Act\" title=\"Consolidated Housing Act\">Consolidated Housing Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/housing-background\/#Disengagement_from_Direct_Provision\" title=\"Disengagement from Direct Provision\">Disengagement from Direct Provision<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Land_Purchase_Acts\"><\/span>Land Purchase Acts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the mid to late 19th century, two-thirds of the land in Ireland was owned by less than 2,000 people. Tenant farmers had minimal and very precarious rights. A combination of agitation and the growing strength of the Irish party in the UK Parliament led to radical legislation in the latter part of the 19th century and early 20th century, which led ultimately to the compulsory acquisition of most agricultural land by tenant farmers.<\/p>\n<p>The earliest reform legislation was enacted as law, the so-called Ulster custom throughout the island of Ireland of fair rents, fixity of tenure and free sale. The radical changes came with the Land Law (Ireland) Act 1881 and subsequent land acts, in particular the Irish Land Act 1903 and \u00a0Irish Land Act 1909.<\/p>\n<p>The Land Commission was established. It acquired land by way of a subsidized government loan repayable by the tenant farmer over long periods (60+ years) at low-interest rates. The Acts also provided for the allocation of purchased lands with the formation of new holdings.<\/p>\n<p>Upon the foundation of the State, the Land Commission was reorganized, and all tenanted agricultural land and untenanted land in congested areas was deemed to vest automatically in the Land Commission. The Land Commission could compulsorily acquire and divide estates. subject to following a particular procedure. The compensation price was determined and could be paid in government bonds.<\/p>\n<p>Later land legislation in the 1930s allowed the Land Commission to redistribute land other than those farmed by owner-occupiers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Agricultural_Labourers\"><\/span>Agricultural Labourers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There was a large class of non-owning agricultural laborers in rural areas. The Laborers Ireland Act of 1883, placed the responsibility of providing labourer cottages for agricultural labourers and domestic servants sanitary authorities.<\/p>\n<p>Ratepayers could petition the local authority on the basis that the existing housing accommodation for agricultural labourers and their families was deficient. The authority was obliged to consider the representation and, if satisfied that they had sufficient resources, to proceed with the housing scheme Irish Housing Legislation,<\/p>\n<p>The provision of public housing by the state and local authorities is little more than 130 years old. The earliest Irish housing legislation was part of the general public health legislation designed to curb the public health effects of slums and unsanitary conditions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"First_Housing_Acts\"><\/span>First Housing Acts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 1890 Housing of the Working Classes Act gave local authorities powers to acquire land by compulsory purchase for the purpose of the provision of houses. The 1908 amending legislation extended relevant loan periods to 80 years.<\/p>\n<p>By the eve of World War I, and as famously portrayed in Strumpet City, over half the working population lived in tenement buildings formerly used to accommodate a signal wealthy family in an earlier period. The poor state of the housing stock and unsanitary conditions were notorious and played a key part in the movement for an independent State.<\/p>\n<p>The Housing (Ireland) Act 1919 provided subsidies to local authorities. Local authorities were obliged to assess housing needs and provide housing.<\/p>\n<p>The central government authority, the Local Government Board, was authorised to perform the functions directly if the local authority failed to do so.. It was evident that a substantial number of dwellings were acquired to relieve unsanitary conditions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Irish_Free_State\"><\/span>Irish Free State<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation was superseded by the establishment of the Irish Free State. A number of schemes and financial measures were put in place by the Free State government to enable local authorities to construct houses.<\/p>\n<p>Early legislation provided subsidies to local authorities and builders to build new houses. Provisions were made for grants to owner-occupiers. Restrictions were put in place on the sale and rental of houses, which have been grant-aided.<\/p>\n<p>More comprehensive legislation was introduced in 1931, including provisions for more comprehensive compulsory acquisition powers. This was designed to facilitate the further clearance of slums. Local authorities were given powers to undertake works on houses where private owners failed to do so and charge the cost up.<\/p>\n<p>The Fianna Fail government in 1932 increased subsidies to local authorities. The central government subsidized local authorities on their loan charges. A substantial number of local authority houses were constructed in this period.<\/p>\n<p>The Labourers Act of 1936 allowed labourers who were tenants of local authorities to purchase properties on favourable terms.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Housing_Policy_Post-WWII\"><\/span>Housing Policy Post-WWII<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Housing policy on the State part comprised a combination of local authority direct construction and letting, local authority loans and grants for private construction.\u00a0 The vast bulk of capital was provided by the State rather than financial institutions.<\/p>\n<p>The legislation provided for schemes of priorities for local authority rented housing. It increased maximum local authority advances in connection with house purchase. Local authority loans were available on generous terms of up to 90% of the cost of a house at interest rates marginally above the local authority\u2019s cost of borrowing.<\/p>\n<p>Post-Second World War legislation provided for increased grants for private houses. Legislation allowed for grants for houses up to 1400 square feet to persons irrespective of means. This enabled them to buy their own house as they choose.<\/p>\n<p>Legislation in the late 1950s and 1960s provided for grants for water and sewage services. 1962 legislation provided for grants to private bodies providing dwellings for the elderly, small-scale farmers in remote areas, and persons with low income.<\/p>\n<p>By the 1960s, a large part of the present housing stock had been constructed largely with state aid. It was perceived that the task of providing a minimum standard of sanitary housing had been largely achieved.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Consolidated_Housing_Act\"><\/span>Consolidated Housing Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The current key legislation, the Housing Act 1966, was passed in this era. It consolidated and modernized the existing legislation and schemes. The Act was followed by a White Paper on housing in 1964.<\/p>\n<p>The Act placed a greater emphasis on the role of the private sector. By the 1960s, the private housing construction exceeded that of local authority construction.<\/p>\n<p>The legislation obliged local authorities to carry out assessments of housing needs in their area. Sales of local authority houses were facilitated.\u00a0 The existing provisions in relation to grants, subsidies, and unfit and overcrowded houses were modernized.<\/p>\n<p>Provision was made for the payment of subsidies to approved bodies for providing housing to persons with particular needs.<\/p>\n<p>The assessments carried out in the 1960s revealed a significant number of unfit and unsanitary dwellings and the need for measures to deal with overcrowding. The fast building methods of this era, including high-rise flats, were a response to the need to relieve the conditions.<\/p>\n<p>Planning and development legislation came into force for the first time in 1964. This was based on a local authority development plan.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disengagement_from_Direct_Provision\"><\/span>Disengagement from Direct Provision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>By the late 1970s and early 1980s, the State sought to disengage from direct housing provision. The favoured approach was to encourage private-sector investment in housing. Insurance companies and building societies played a greater role in financing housing.<\/p>\n<p>State policy greatly favoured private housing. By the 1970s, the percentage of owner-occupied housing in Ireland exceeded 70%. Direct housing grants, mortgage interest relief, capital gains tax exemption, abolition of income tax on the imputed benefit of the house, construction and repair grants, stamp duty exemptions and rate remissions comprised a substantial subsidy to owner-occupiers.<\/p>\n<p>The local authority purchase schemes were revised, and local authority tenants were given grants equivalent to those for private buyers to assist them in purchasing their rented properties.<\/p>\n<p>Large-scale local authority housing programmes continued through the 1970s at the ratio of approximately 3:1 private housing to local authority housing.<\/p>\n<p>The economic crisis of the 1980s coincided with and, to a significant extent, led to the almost complete cessation of the direct local authority provision of housing. The 1988 Housing Act made provision for traveller accommodation.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10475\" data-postid=\"10475\" class=\"themify_builder_content themify_builder_content-10475 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Land Purchase Acts In the mid to late 19th century, two-thirds of the land in Ireland was owned by less than 2,000 people. Tenant farmers had minimal and very precarious rights. A combination of agitation and the growing strength of the Irish party in the UK Parliament led to radical legislation in the latter part [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[279],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10475"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10475"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10475\/revisions"}],"predecessor-version":[{"id":32133,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10475\/revisions\/32133"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10475"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10475"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10475"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}