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21 1966

HOUSING ACT, 1966

Chapter III

Housing Loans and Grants, etc.

Definition for purposes of Chapter III of Part II.

13. —In this Chapter, “providing” in relation to a house that has never been occupied includes purchasing the house and cognate words shall be construed accordingly.

Regulations for purposes of sections in Chapter III of Part II.

14. —Without prejudice to the generality of the power of the Minister to make regulations for the purposes of any section contained in this Chapter, such regulations may provide for compliance by houses, flats or maisonettes with conditions as to site, aspect, planning, construction or number per acre or with prescribed plans or with such other plans as may be approved by the Minister.

Grants by Minister for provision of houses.

15. —(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing one or more thanone house in respect of which a grant under any enactment (including this Act) has not been made, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if—

(a) the house or each house contains at least three rooms and the total area of all the floors of the house when measured in the prescribed manner is neither less than five hundred square feet nor more than—

(i) in case of a house in which sewerage facilities and a piped water supply are installed, fifteen hundred square feet,

(ii) in any other case, fourteen hundred square feet, and

(b) in case the house or each house is provided by a public utility society, the first occupier of the house or each house is a member of the society who occupies it as his normal place of residence.

(2) A grant under this section in respect of a house shall not exceed the appropriate amount specified in the Table hereunder:

TABLE

Amount of Grant

Person to whom grant may be made by Minister under this section

Where sewerage facilities and piped water supply cannot reasonably be provided

Where sewerage facilities and water supply are provided

Where sewerage facilities and piped water supply are provided in an area where a public sewerage scheme or a public water supply is not available

Number of rooms in house

Number of rooms in house

Number of rooms in house

3

4

5 or more

3

4

5 or more

3

4

5 or more

£

£

£

£

£

£

£

£

£

Person (other than a public utility society) providing house

125

175

225

175

225

275

200

250

300

Public utility society providing house

135

185

235

185

235

285

210

260

310

Grants by Minister for provision of houses for farmers and others.

16. —(1) Subject to subsection (2) of this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing in a rural area a house in respect of which a grant under any enactment (including this Act) has not been made, a grant of such amount as may be appropriate having regard to subsection (3) of this section if, but only if—

(a) the erection of the house commenced or commences on or after the 1st day of October, 1963,

(b) the house contains at least three rooms and the total area of all the floors of the house when measured in the prescribed manner is not less than five hundred square feet nor more than—

(i) in case of a house in which sewerage facilities and a piped water supply are installed, fifteen hundred square feet, or

(ii) in any other case, fourteen hundred square feet,

(c) the house is erected on a site other than a site in respect of which a contribution has been made by the Minister under section 44 or 45 of this Act, and

(d) the house is occupied by the person as his normal place of residence or, in case the house is provided by a public utility society, the first occupier of the house is a member of the society who occupies it as his normal place of residence.

(2) Grants under this section shall be made only if, in the opinion of the Minister, the person providing the house or, in case the house is provided by a public utility society, the first occupier of the house complies with the requirements of either paragraph (a) or paragraph (b) of this subsection, namely, that;

(a) the said person or occupier is in need of housing and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds,

(b) the said person or occupier is ordinarily resident in a rural area and either so resides in an overcrowded house or in a house unfit for human habitation, or is in need of housing on medical, compassionate or other similar

grounds, and the circumstances of the person or occupier are such that he could not provide a house for his own occupation without the aid of a grant under this section.

(3) Subject to subsection (4) of this section, a grant under this section shall not exceed the appropriate amount specified in the Table hereunder:

TABLE

Amount of Grant

Person to whom grant may be made by the Minister under this section

Where sewerage facilities and piped water supply cannot reasonably be provided

Where sewerage facilities and piped water supply are provided

Number of rooms in house

Number of rooms in house

3

4

5 or more

3

4

5 or more

£

£

£

£

£

£

1. Person (other than a public utility society) providing a house:

where the rateable valuation or the aggregate of the rateable valuations of the land and buildings occupied by the person—

(a) does not exceed £25

225

300

375

300

375

450

(b) exceeds £25 but does not exceed £40

175

250

325

250

325

400

(c) exceeds £40 but does not exceed £60

175

200

275

250

275

350

2. Public utility society providing a house of which the first occupier is a member of the society:

where the rateable valuation or the aggregate of the rateable valuations of the land and buildings occupied by the said first occupier—

(a) does not exceed £25

235

310

385

310

385

460

(b) exceeds £25 but does not exceed £40

185

260

335

260

335

410

(c) exceeds £40 but does not exceed £60

185

210

285

260

285

360

(4) In the Table to subsection (3) of this section, the references to £40 and £60 shall as respects a house the erection of which commenced before 1st July, 1965, be construed as references to £35 and £50 respectively.

Grants by Minister for provision of second houses on transfer of certain holdings.

17. —(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing a house, who is ordinarily resident in a rural area and who derives his livelihood solely or mainly from the pursuit of agriculture, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if—

(a) the erection of the house commenced or commences on or after 1st July, 1965,

(b) the total floor area of all the floors of the house when measured in the prescribed manner is less than five hundred square feet,

(c) the Minister is satisfied—

(i) that the house is sufficient for the needs of the person by whom it is provided and is occupied by him as his normal place of residence,

(ii) that the person has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and

(iii) either that another house has been or will be vacated by the person and is or will be occupied by a member of the family of the person as his normal place of residence or that the Irish Land Commission have purchased or have agreed to purchase the other house.

(2) A grant under this section shall not exceed—

(a) in case sewerage facilities and piped water supply cannot reasonably be provided, one hundred pounds,

(b) in case sewerage facilities and piped water supply are provided, one hundred and seventy-five pounds.

Grants by Minister for erection of flats or maisonettes.

18. —(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person in respect of the erection of separate, self-contained flats or maisonettes in a building of three or more storeys, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if—

(a) the erection of the building commenced or commences on or after the 1st day of December, 1964, and

(b) the total area of all the floors of the flat or maisonette, as the case may be, when measured in the prescribed manner, is not less than two hundred and fifty square feet.

(2) A grant under this section shall not in relation to each flat or maisonette exceed the appropriate amount specified in the Table hereunder:

TABLE

Amount of Grant

Description of flat or maisonette

Number of rooms in flat or maisonette

1

2

3

4 or more

1. A separate, self-contained flat or maisonette in a building of six or more storeys in which a lift is installed

£

175

£

225

£

275

£

325

2. A separate, self-contained flat or maisonette in a building of three or more storeys other than as described at reference 1 above

125

175

225

275

(3) The Minister shall not make a grant under this section in respect of a flat or maisonette in respect of which a grant has been made under any enactment (including this Act).

Grants by Minister for housing of elderly persons and others.

19. —(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, a grant to a body providing (whether by erection, purchase, reconstruction or conversion), with the approval of the Minister, one or more than one house for the accommodation of elderly persons, or for the accommodation, as their normal place of residence, in the house or houses or within the precincts thereof, of persons providing welfare or caretaker services for the elderly persons.

(2) The amount of a grant under this section shall not exceed in respect of each separate dwelling provided—

(a) in case the dwelling is provided for the accommodation of elderly persons, three hundred pounds, and

(b) in case the dwelling is provided for the accommodation of persons other than elderly persons, fifty pounds as respects each room contained in the dwelling, or two hundred and fifty pounds, whichever is the less.

Grants by Minister for provision of prototype houses.

20. —(1) The Minister may, with the consent of the Minister for Finance, and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, a grant to any person or body in respect of the erection of a house in accordance with plans and specifications approved by the Minister if the Minister is satisfied—

(a) that a house has not previously been erected in accordance with the plans and specifications aforesaid or plans or specifications that are substantially the same as the plans and specifications aforesaid, and

(b) that houses could be erected in accordance with the plans and specifications aforesaid either with greater speed than if they were erected by conventional methods, or at low cost, or that houses erected in accordance with the plans and specifications aforesaid, being houses of a type suitable for erection by a housing authority, could conveniently be transferred and erected on another site.

(2) A grant under this section shall not exceed one-half of the amount estimated by the Minister to be the reasonable cost of erection of the house.

(3) A grant may be paid under this Act (apart from this section) in respect of any further house erected with the approval of the Minister in accordance with plans and specifications that are the same as the plans and specifications of a house in respect of which a grant was made under this section or that differ from those plans and specifications only in respect of modifications approved of by the Minister, notwithstanding the fact that the house is not in compliance with any regulations made by the Minister for the purposes of the section under which the grant is made.

Grants by Minister to persons for reconstruction of houses.

21. —(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person for the reconstruction of a house, in respect of each separate dwelling forming part of the house after the completion of the works, a grant of such amount as may be appropriate having regard to subsections (2) and (3) of this section.

(2) Subject to subsection (3) of this section, a grant to a person under this section shall not exceed—

(a) in case the person reconstructs a house for his own occupation, and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, two-thirds of the amount estimated by the Minister to be the cost of the works, and

(b) in any other case, one-third of the amount estimated by the Minister to be the cost of the works.

(3) A grant under this section shall not exceed—

(a) in the case of a dwelling containing not more than three rooms, one hundred pounds,

(b) in the case of a dwelling containing four rooms, one hundred and twenty pounds, and

(c) in the case of a dwelling containing five or more rooms, one hundred and forty pounds.

(4) A grant shall not be made under this section in respect of a house unless the Minister is satisfied that the house is suitable for reconstruction.

(5) In this and in the next following section, “reconstruction” in relation to a house includes any works carried out to the house (whether for the purpose of extending, enlarging, improving or repairing the house) that, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the house more suitable for human habitation, but does not include decoration, and cognate words shall be construed accordingly.

(6) Subject to subsection (7) of this section, the Minister shall not make a grant under this section in respect of a house in respect of which a grant under any enactment (including this Act), other than a grant for the provision and installation of a private water supply or private sewerage facilities or both such water supply and sewerage facilities, has been made within the preceding fifteen years under any enactment (including this Act).

(7) A person shall not be disentitled to receive a grant under this section by reason of the fact that a grant has previously been made under any enactment (including this Act) in respect of works which were necessary because of damage caused to the house by wind, rain or flooding.

Further grants by Minister for reconstruction of houses.

22. —(1) Where a grant for the erection, purchase, reconstruction, repair or improvement of a house is made under any enactment (including this Act), whether before or after the commencement of this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person for the reconstruction of the house a grant or grants of such amount as may be appropriate having regard to subsections (2) and (3) of this section if—

(a) the works are necessary because of damage caused by wind, rain or flooding,

(b) the works are occasioned by something (other than the matters referred to in paragraph (a) of this subsection) outside the control of the person aforesaid and the works are certified by an officer of the Minister to be urgently necessary for the conservation of the house,

(c) the works are commenced less than fifteen but not less than ten years after the date of the payment of the last previous grant and consist of or include the replacement of roofing by roofing of slates, tiles or other material approved by the Minister,

(d) the works consist of the provision of a fitted bathroom and involve an addition to the floor area of the house existing immediately before the commencement of the works,

(e) the works consist of the provision of a room or rooms, involve an addition to the floor area of the house existing immediately before the execution of the works and are, in the opinion of the Minister, necessary for the relief of overcrowding, or

(f) the works consist of the provision of a room or rooms, involve an addition to the floor area of the house existing immediately before the execution of the works and the Minister is satisfied that—

(i) the house is situate in a rural area;

(ii) the room or rooms, as the case may be, is or are occupied as his normal place of residence by a person who has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and is or are sufficient for the needs of that person.

(2) Subject to subsection (3) of this section, a grant to a person under this section—

(a) in respect of works of the kind specified in paragraph (a), (c) or (f) of subsection (1) of this section, shall not exceed—

(i) in case the person reconstructs a house for his own occupation and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, two-thirds of the amount estimated by the Minister to be the cost of the works, and

(ii) in any other case, one-third of the amount estimated by the Minister to be the cost of the works,

(b) in respect of works of the kind specified in paragraph (b) of subsection (1) of this section, shall not exceed one-third of the amount estimated by the Minister to be the cost of the works,

(c) in respect of works of the kind specified in paragraph (d) of subsection (1) of this section, shall not exceed—

(i) one-third of the amount estimated by the Minister to be the cost of the works, or

(ii) fifty pounds,

whichever is the less, and

(d) in respect of works of the kind specified in paragraph (e) of subsection (1) of this section, shall not exceed—

(i) one-third of the amount estimated by the Minister to be the cost of the works, or

(ii) fifty pounds for each room provided,

whichever is the less.

(3) A grant or the aggregate of the grants made at any one time under this section shall not exceed—

(a) in the case of a house containing not more than three rooms, one hundred pounds,

(b) in the case of a house containing four rooms, one hundred and twenty pounds, or

(c) in the case of a house containing five or more rooms, one hundred and forty pounds.

(4) A person shall not be disentitled to receive a grant under this section by reason of the fact that a grant has previously been made in relation to the house in respect of works of the kind specified in paragraph (a) of subsection (1) of this section.

Grants by Minister for essential repairs.

23. —(1) Subject to subsection (2) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister may, with the consent of the Minister for Finance, make, out of moneys provided by the Oireachtas, a grant to a person in occupation of a house situate in a county health district carrying out essential repairs to the house.

(2) A grant may be made under this section if, but only if—

(a) the housing authority furnish to the Minister a certificate of the authority stating, and the Minister is satisfied, that the house cannot be made fit for human habitation, in all respects, at a reasonable cost and that the repairs in respect of which the grant is proposed to be made constitute at least the repairs that are necessary in order to prolong the life of the house, and

(b) the repairs in respect of which the grant is proposed to be made are carried out in a satisfactory and efficient manner.

(3) The repairs to a house in respect of which a grant is proposed to be made under this section may, with the consent of the person in occupation of the house, be carried out by the housing authority and, if the repairs are carried out by the authority, the Minister may pay the grant to the authority.

(4) A grant under this section shall not exceed—

(a) two-thirds of the amount estimated by the Minister to be the cost of the repairs in respect of which the grant is made, or

(b) eighty pounds,

whichever is the less.

(5) A grant shall not be made under this section in respect of a house in respect of which a grant has previously been made under this section or section 5 of the Act of 1962.

Grants by Minister to housing authority for improvement of houses.

24. —(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a housing authority executing improvement works on a house of which they are the owner, in respect of each separate dwelling forming part of the house after the completion of the improvement works, a grant of such amount as may be appropriate having regard to subsections (2) and (3) of this section.

(2) Subject to subsection (3) of this section, a grant under this section shall not exceed—

(a) in case the works consist wholly of works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section, one-third of the amount estimated by the Minister to be the cost of the works,

(b) in case the works consist wholly of works of the kind mentioned in paragraph (e) or (f) of subsection (6) of this section, one-third of the amount estimated by the Minister to be the cost of the works, or

(c) in case the works consist partly of works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section and partly of works of the kind mentioned in paragraph (e) or (f) of the said subsection (6) an amount which is the aggregate of one-third of the amount estimated by the Minister to be the cost of the works of the kind mentioned in the said paragraphs (a), (b), (c), (d) and (g) and one-third of the amount so estimated to be the cost of the works of the kind mentioned in the said paragraphs (e) and (f).

(3) A grant under this section shall not exceed—

(a) as respects works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section;

(i) in case the dwelling contains not more than three rooms, one hundred pounds,

(ii) in case the dwelling contains four rooms, one hundred and twenty pounds,

(iii) in case the dwelling contains five or more rooms, one hundred and forty pounds,

(b) as respects works of the kind mentioned in paragraph (e) or (f) of the said subsection (6);

(i) in case both a private water supply and private sewerage facilities are installed, seventy-five pounds,

(ii) in case a private water supply only is installed, fifty pounds, or

(iii) in case private sewerage facilities only are installed, twenty-five pounds.

(4) The Minister shall not make a grant under this section and under section 2 of the Local Government (Sanitary Services) Act, 1962 , in respect of the same private water supply or the same private sewerage facilities.

(5) A grant shall not be made under this section in respect of a house unless the execution of the improvement works is commenced on or after the 1st day of December, 1964, and the Minister is satisfied that the house is suitable for the execution of the improvement works thereon and that on completion of the works the house is in all respects fit for human habitation.

(6) In this section, “improvement works” in relation to a house means works consisting of any or all of the following:

(a) the provision of an additional room or rooms involving an addition to the floor area of the house existing immediately before the execution of the works, and which, in the opinion of the Minister, is or are necessary for the relief of overcrowding;

(b) the provision of a fitted bathroom involving an addition to the floor area of the house existing immediately before the execution of the works;

(c) the provision and installation of a hot water system;

(d) works within the house consisting of the provision and installation of a system for the supply of electricity;

(e) the provision and installation of a private water supply;

(f) the provision and installation of private sewerage facilities; or

(g) the replacement or substantial reconstruction of a roof.

(7) A grant shall not be made under this section in respect of a house for which a grant has previously been made under this section within a period of fifteen years.

Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act.

25. —(1) Where a repairs notice has been served under section 66 of this Act by a housing authority and the authority, in pursuance of section 69, have executed the works necessary to render the house fit for human habitation as respects the matter or matters specified in the notice, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to the authority a grant of such amount as may be appropriate having regard to the following provisions of this section.

(2) In case the works consist of works other than the provision and installation of a private water supply or private sewerage facilities, a grant under this section shall not exceed—

(a) an amount not exceeding in relation to each separate dwelling forming part of the house after the completion of the works;

(i) in the case of a dwelling containing not more than three rooms, one hundred pounds,

(ii) in the case of a dwelling containing four rooms, one hundred and twenty pounds,

(iii) in the case of a dwelling containing five or more rooms, one hundred and forty pounds, or

(b) one third of the cost of executing the works,

whichever is the less.

(3) In case the works consist of or include the provision and installation of a private water supply or private sewerage facilities, the Minister may make a grant under section 2 of the Local Government (Sanitary Services) Act, 1962 , to the housing authority in respect of the provision and installation.

Supplementary grants by housing authority to persons for provision of houses.

26. —(1) Where a relevant grant is made by the Minister or the Minister for the Gaeltacht, as the case may be, to or in respect of a person providing a house, the housing authority may, whether the relevant grant has been paid in whole or in part, make a supplementary grant to or in respect of the person who is the person first in occupation of the house after the erection or purchase thereof is completed in respect of the provision of the house, if, but only if—

(a) the person derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by him does not exceed sixty pounds, or

(b) the total, determined by the housing authority, of the income of the person and the income of his spouse (if any) does not exceed one thousand and forty-five pounds per annum.

(2) A housing authority, in determining the income of a person applying for a grant under this section or of his spouse, may, if the person satisfies the authority that he or his spouse maintains at his or her own expense a dependant person, make such allowance as they think fit, subject to a maximum allowance of one hundred pounds in respect of each person so maintained, or four hundred pounds in the aggregate, whichever is the less.

(3) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the relevant grant.

(4) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.

(5) A determination of a housing authority of the amount of a grant under this section or of the income of a person applying for a grant under this section or of his spouse (if any) shall be final and not appealable.

(6) A grant shall not be made under this section in respect of a house in respect of which a grant was made under section 9, 10 or 11 of the Act of 1952 or section 12 of the Act of 1962.

(7) For the avoidance of doubt, it is hereby declared that in case a housing authority in making a determination of an income for the purposes of section 12 of the Act of 1962, made an allowance in respect of the maintenance of a dependant person at the expense of the person whose income was being so determined, the making of such allowance shall not affect, and shall be deemed never to have affected, the validity of the determination.

(8) In case a housing authority make a grant under section 12 of the Act of 1962 on or after the 1st day of July, 1965, to or in respect of a person—

(a) who derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him exceeds fifty pounds but does not exceed sixty pounds, or

(b) the total, determined for the purposes of the said section 12 by the authority, of the income of the person and the income of his wife (if any) exceeded eight hundred and thirty-two pounds but did not exceed one thousand and forty-five pounds per annum,

the fact that the said valuation exceeded fifty pounds or the said total exceeded eight hundred and thirty-two pounds per annum, shall not affect, and shall be deemed never to have affected, the validity of the making of the grant.

(9) In this section, “relevant grant” means a grant under—

(a) subsection (1) or subsection (7) (inserted by the Housing (Gaeltacht) (Amendment) Act, 1959 of section 3 of the Housing (Gaeltacht) Act, 1929 ,

(b) section 16 of the Act of 1948,

(c) section 2 of the Act of 1962, or

(d) sections 15 , 16 or 17 of this Act.

(10) This section in so far as it relates to a grant under section 16 of this Act shall be deemed to have come into operation on the 1st day of October, 1963.

Supplementary grants by housing authority for erection of flats or maisonettes.

27. —(1) Where a grant is made by the Minister to a person under section 18 of this Act in respect of the erection of flats or maisonettes, the housing authority may, whether the grant has been paid in whole or in part, make a supplementary grant to the person in respect of the erection of the flats or maisonettes, as the case may be.

(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the grant under the said section 18.

(3) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.

Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes.

28. —(1) Where a relevant grant is made by the Minister to—

(a) a body providing a house for the accommodation of elderly persons, or

(b) a body approved by the Minister for the purposes of this section providing a house, flat or maisonette,

the housing authority may, whether the grant has been paid in whole or in part, make a supplementary grant to the body in respect of the provision of the house, flat or maisonette.

(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the relevant grant.

(3) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.

(4) In this section, “relevant grant” means a grant under—

(a) section 16 of the Act of 1948,

(b) section 2 or 6 of the Act of 1962, or

(c) sections 15 , 18 or 19 of this Act,

made in respect of a house, flat or maisonette, the erection of which commenced or commences on or after 1st day of October, 1963.

Supplementary grants by housing authority for reconstruction of houses.

29. —(1) Where a grant is made by the Minister whether before or after the commencement of this section to a person in respect of the reconstruction of a house, the housing authority may make a supplementary grant to the person.

(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall exceed neither the amount of the grant made by the Minister nor the amount that, when added to the amount of the grant made by the Minister, equals two-thirds of the amount estimated by the Minister to be the cost of the reconstruction work.

(3) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.

(4) A grant shall not be made under this section in respect of a house in respect of which a grant was made under subsection (3A) (inserted by the Housing (Amendment) Act, 1958 of section 16 of the Act of 1948, subsection (3) of section 12 of the Housing (Amendment) Act, 1954 , or subsection (1) of section 8 of the Act of 1962.

Supplementary grants and other assistance by housing authority for essential repairs.

30. —Where a grant is made by the Minister under section 5 of the Act of 1962, or section 23 of this Act to a person in respect of essential repairs to a house, the housing authority may make to the person a supplementary grant not exceeding the difference between the amount of the grant made by the Minister and the amount estimated by the Minister to be the cost of the essential repairs, contribute building materials or labour for the carrying out of the repairs to a value not greater than the amount of the difference aforesaid or make any payment in kind to the said person to a value not greater than the amount of the difference aforesaid.

Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.

31. —(1) Where a grant is made by the Minister for the Gaeltacht to a person under subsection (2), subsection (3), (inserted by the Housing (Gaeltacht) (Amendment) Act, 1953 ) or subsection (5) (inserted by the Housing (Gaeltacht) (Amendment) Act, 1959 ) of section 3 of the Housing (Gaeltacht) Act, 1929 , a housing authority may make to that person a supplementary grant.

(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the grant made under the said section 3.

(3) A grant shall not be made under this section in respect of work on a house in respect of which a grant was made under section 7 of the Housing (Amendment) Act, 1958 , or section 9 of the Act of 1962.

(4) Subsection (1) of this section shall, as respects grants under subsection (3) or paragraph (a) or (b) of subsection (5) of the said section 3 to persons improving or extending a house or providing and installing private water supplies or sewerage facilities, have effect only if the improvement or extension, or the provision and installation commenced on or after the 30th day of June, 1958.

Grants by certain housing authorities for accommodation for person suffering from pulmonary tuberculosis.

32. —(1) Subject to subsection (2) of this section, a housing authority who are the council of a county or the corporation of a county borough may make a grant to the owner or the person in occupation of a house providing an extra room in or attached to the house or a hut or chalet within the curtilage of the house.

(2) A grant may be made under this section if, but only if, the housing authority are satisfied that a member of the household of the house is suffering from pulmonary tuberculosis for which he is undergoing treatment and that the existing accommodation of the house is inadequate for his proper treatment or for his segregation from other members of the household.

(3) A grant under this section shall not exceed the cost, as approved by the Minister, of the provision of the extra room, hut or chalet.

(4) Where a housing authority make a grant under this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, recoup to the authority an amount not exceeding—

(a) two-thirds of the amount estimated by the Minister to be the cost of providing the extra room, hut or chalet, or

(b) two hundred pounds,

whichever is the less.

(5) The works in respect of which a grant is proposed to be made under this section may, with the consent of the person in occupation of the house, be carried out by the housing authority.

Modification and restriction on increase of rateable valuation in certain cases.

33. —(1) In every case in which a grant is made under section 15 , 16 , 17 , 18 or 20 of this Act, or in case a grant is made under section 6 of the Act of 1962 (repealed by this Act) or section 19 of this Act as respects the erection of a house, and a revision in the rateable valuation of the tenement consisting of or including the house, flat or maisonette, as the case may be, to which the grant relates is made, such amount of the revised valuation as is attributable to the erection of the house, flat or maisonette shall, in each of the nine successive local financial years following the local financial year in which the house, flat or maisonette is completed, be deemed to be reduced for rating purposes, by the proportion of such amount specified in the column of the Table to this section opposite the number of the year in the first column of the Table.

(2) In this section, “rating purposes” in relation to a tenement means the following (and no other) purposes, that is to say, the purpose of the assessment and levying of any rate raised by a local authority for the service of the local financial year in which the tenement is first rated on the increased valuation referred to in subsection (1) of this section or for the service of any of the next following eight local financial years.

(3) Without prejudice to the generality of subsection (2) of this section every computation for the purposes of the Income Tax Acts of the annual value of such tenement shall be made in like manner as if the full valuation were in force for the purposes of county rate or municipal rate, as the case may be, in relation to that year.

(4) In every case in which a grant is made under sections 21 , 23 , 25 or 32 of this Act, or in case a grant is made under section 6 of the Act of 1962 (repealed by this Act) or section 19 of this Act, as respects the reconstruction or conversion of a house, the valuation of the tenement consisting of or including the house to which any such grant relates shall not, on any valuation or revision of the valuation thereof coming into force within seven years after the completion of the relevant works, be increased on account of any increase in the value of such tenement arising from the relevant works.

(5) In this section, “the relevant works” means—

(a) in relation to a grant under section 6 of the Act of 1962 or section 19 of this Act as respects the reconstruction or conversion of a house—the reconstruction or conversion;

(b) in relation to a grant under the said section 21—the reconstruction within the meaning of the said section 21;

(c) in relation to a grant under the said section 23—the essential repairs;

(d) in relation to a grant under the said section 25—the works executed in pursuance of section 69 of this Act;

(e) in relation to a grant under the said section 32—the works executed in providing the extra room, hut or chalet.

TABLE

Reduction in Valuation of House, Flat or Maisonette

Number of year

Proportion of valuation

First

Nine-tenths

Second

Eight-tenths

Third

Seven-tenths

Fourth

Six-tenths

Fifth

Five-tenths

Sixth

Four-tenths

Seventh

Three-tenths

Eighth

Two-tenths

Ninth

One-tenth

Repayment of grant to Minister or housing authority on breach of undertaking.

34. —(1) Where the Minister or a housing authority has or have paid to any person or body a grant under this Part of this Act or an instalment of a grant, and in accordance with regulations applying in respect of the grant or as a condition of receiving the grant, the person or body, as the case may be, has given an undertaking to the Minister or the authority and the undertaking has not been complied with, the following provisions shall have effect:

(a) the person or body shall be liable to repay to the Minister or the authority the amount of the grant or instalment, as the case may be; and

(b) the amount may be recovered by the Minister or the authority from the person or body 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, the authority is liable under this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.

Withholding or reduction in amount of grant.

35. —(1) Where, in the opinion of the Minister or a housing authority, as the case may be, a condition subject to which a grant under this Part of this Act has been allocated or a regulation applying in relation to the grant has not been complied with, the Minister or housing authority may withhold the grant or reduce the amount thereof by such sum as he or they consider appropriate.

(2) (a) Without prejudice to the generality of subsection (1) of this section, the Minister may under this section refuse to allocate, withhold or reduce a grant in respect of any house, flat or maisonette where the amount of the consideration which is being charged for the house, flat or maisonette, whether by way of purchase money, rent or otherwise, exceeds—

(i) in case a maximum consideration order is for the time being in force and applies to the house, flat or maisonette—the appropriate maximum amount fixed by the order, and

(ii) in any other case—the amount appearing to the Minister, after he has considered any representations which the grantee may think fit to make, to represent reasonable value.

(b) In the foregoing paragraph, “maximum consideration order” means an order made by the Minister fixing for the purposes of this subsection the maximum consideration for houses, flats or maisonettes.

(c) Any such order may be revoked or amended by a subsequent order.

Making of grant to successor of deceased applicant.

36. —Where a person who applies for a grant under this Part of this Act dies before the grant is made, the grant may, subject to the provisions of this Part of this Act, be made to his successor in title.

Restriction of local Acts and other provisions.

37. —In so far as the provisions of any local Act or of any bye-laws, rules, regulations or scheme under whatever authority made, relating to the construction, laying out or drainage of new buildings are inconsistent with any regulations made by the Minister for the purposes of a section contained in this Part of this Act, those provisions shall not apply in relation to any house in respect of which a grant is made by the Minister under this Part of this Act and which is in compliance with the regulations so made or is erected in accordance with plans and specifications approved by the Minister.

Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument.

38. —The Minister may, with the consent of the Minister for Finance, make a grant under this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in relation to the grant if a certificate of approval in respect of the relevant premises has been issued by an officer of the Minister and the Minister is satisfied that the applicant for the grant has acted in good faith in proceeding to erect, purchase, reconstruct, improve, convert or repair the premises.

Loans by housing authority for acquisition or construction of houses.

39. —(1) A housing authority may, subject to regulations made by the Minister for the purposes of this section with the consent of the Minister for Finance, lend money to a person for the purpose of acquiring or constructing a house.

(2) Regulations made for the purposes of this section may, in particular, but without prejudice to the generality of section 5 of this Act, make provision with respect to all or any one or more of the following matters:

(a) the class or classes of persons to whom loans may be made under this section and the minimum contribution to be made at the time of the acquisition or construction of a house by a person to whom a loan is made under this section towards the cost of such acquisition or construction;

(b) the class or classes of houses in respect of which loans may be made under this section;

(c) the maximum amount of and the security for a loan underthis section and the method of ascertaining the value of a house in respect of which a loan under this section is sought;

(d) the repayment of loans made under this section, including the manner of and period for such repayment;

(e) the payment of interest on loans made under this section and the fixing of the rate of such interest;

(f) the conditions subject to which a house in respect of which a loan is made under this section is held by a borrower during the period until the loan is repaid, and the interest thereon is paid, to the housing authority;

(g) the personal liability of the owner of a house in respect of which a loan is made under this section for the repayment of any sum due in respect of the loan and for the payment of any sum due in respect of interest on the loan;

(h) the giving of notice to a borrower requiring him to comply with a condition subject to which a loan is made to him under this section or subject to which a house in respect of which a loan is made under this section, is held by him or requiring him to comply with the provisions of any regulations under this section;

(i) the payment by instalments of loans made under this section in respect of houses in course of construction;

(j) the transfer by the borrower of his interest in a house in respect of which a loan (other than a loan in relation to which an agreement has been made under subsection (3) of this section) is made under this section by a housing authority at a time when the loan or part of it or the interest thereon or part of it has not been repaid or paid, as the case may be, to the authority.

(3) In case regulations made for the purposes of this section enable a loan by a housing authority under this section to be secured by a second mortgage or a second charge on the house to which the loan relates the authority may, for the purpose of securing the loan, enter into and carry out an agreement.

(4) Where default is made in complying with any regulations under this section or any of the conditions subject to which a loan (other than a loan secured by a second mortgage or a second charge) is made under this section by a housing authority, or subject to which a house in respect of which such a loan is made under this section, is held by the borrower or, in the case of the bankruptcy of the borrower of such a loan, the authority may recover possession of the house (whatever may be its value) under sections 84 to 89 of the Act of 1860 as if the authority were the landlord and the borrower were the tenant.

(5) Where a housing authority recover possession of a house under subsection (4) of this section, all the estate, right, interest and title of the borrower in the house shall vest without any conveyance or transfer in the authority and the authority may use the house for the purposes of any of their functions or sell or otherwise dispose of it as they think fit.

(6) Where a housing authority recover possession of a house under subsection (4) of this section, they shall pay to the borrower a sum equal to the value of the interest in the house at the disposal of the authority, after deducting therefrom the amount of the loan then remaining unpaid, any sum due for interest and all costs incurred by the authority in the recovery of possession and disposal of the house including the costs incurred by the authority in relation to any arbitration under subsection (7) of this section.

(7) In default of agreement between a housing authority and a borrower, the value of the interest in a house at the disposal of the authority shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act, 1960 .

(8) In this section, “borrower” means a person to whom a loan is made under this section and includes the successor in title of a person to whom a loan is made under this section.

Loans by housing authority for reconstruction, repair, and improvement of houses.

40. —(1) A housing authority may, subject to such conditions as may be approved by the Minister, make a loan to a person (in this section referred to as the borrower) carrying out reconstruction, repair or improvement works on a house, provided that the authority is satisfied that—

(a) after the proposed works are carried out, the house will be fit for human habitation,

(b) the proposed works are necessary for the purpose of providing suitable housing accommodation, and

(c) the house is suitable for reconstruction, repair or improvement, as the case may be.

(2) Subject to subsection (3) of this section, repayment of a loan under this section in respect of a house shall be secured by—

(a) an instrument vesting the ownership of the house in the housing authority subject to the right of redemption by the borrower,

(b) by charging the house under the Registration of Title Acts, 1891 and 1942, with the repayment of the loan (together with interest payable thereon),

(c) by deposit with the housing authority of the land certificate issued under the said Acts, in relation to the house, or

(d) where such ownership is already vested in a person other than the borrower subject to the right of redemption of the borrower, an instrument of further charge charging the repayment of the loan (together with the interest payable thereon) under this section on the house and making the said right of redemption subject also to the repayment of the loan (together with the interest payable thereon) under this section.

(3) In case the loan proposed to be made under this section does not exceed two hundred pounds, the housing authority may, at their discretion, make the loan without requiring the security mentioned in subsection (2) of this section.

(4) Any sum due to a housing authority by any person in respect of a loan made under this section may be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.

(5) For the purposes of this section, “ownership” shall be such interest or combination of interests in a house as will constitute either a fee simple (including fee farm) interest in possession or a leasehold interest in possession of such number of years unexpired at the date on which the loan under this section in respect of the house is authorised by the housing authority as is equal to or greater than the sum of the term fixed for the repayment of the loan and fifteen years.

Sale by Land Commission of land subject to charge in favour of housing authority.

41. —Where land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and—

(a) there is for the time being in force in relation to the land an instrument vesting an interest in the land in a housing authority for the purposes of securing a loan under this Chapter, or

(b) such land is subject to a charge in favour of the housing authority to secure a loan under this Chapter,

the land shall be sold subject to the instrument or charge and to the relevant provisions of this Chapter and any regulations under section 39 of this Act in addition to any charge, incumbrance or liability subject to which the land is, apart from this subsection, required by law to be sold.

Schemes for guarantees.

42. —(1) A housing authority may, in accordance with a scheme approved by the Minister, guarantee a loan or part of a loan by a building society, an assurance company, a bank or other industrial or commercial organisation for the erection, purchase or reconstruction of a house.

(2) The Minister, with the consent of the Minister for Finance, may recoup out of moneys provided by the Oireachtas, not more than fifty per cent. of the expenditure by a housing authority in meeting a guarantee under a scheme under this section if the Minister is satisfied—

(a) that the loan would not have been made if the guarantee had not been given or that the guarantee was given in relation to such part of the loan as represents the excess of the loan over the loan that would have been made if the guarantee had not been given, and

(b) that the amount paid by the housing authority in meeting the guarantee did not exceed two-thirds of the loss which arose from the making of the loan or of the part of the loan referred to in paragraph (a) of this subsection, as the case may be.

(3) The making of a scheme under this section shall be a reserved function.

(4) In this section—

assurance company” has the same meaning as in the Insurance Act, 1936 ;

building society” means a society to which the Building Societies Acts, 1874 to 1942, apply.

Guarantee of advances to builders.

43. —(1) Subject to subsection (2) of this section, a housing authority may guarantee an advance by any person to a person carrying out the erection or reconstruction of a house or the provision and installation of a private water supply or private sewerage facilities in respect of which a grant has been allocated under the Housing (Gaeltacht) Acts, 1929 to 1964, the Local Government (Sanitary Services) Act, 1962 , or this Act.

(2) A guarantee under subsection (1) of this section may be subject to such terms and conditions as the housing authority think fit but, in respect of any house, shall not be for an amount exceeding the aggregate of the amount of the said grant together with the amount of the supplementary grant which an authority may make under the Local Government (Sanitary Services) Act, 1962 , or this Act, in respect of the provision or reconstruction of the house or the provision and installation of the private water supply and sewerage facilities, as the case may be.