Housing Act 1966


Number 21 of 1966


HOUSING ACT 1966

REVISED

Updated to 1 July 2017


This Revised Act is an administrative consolidation of Housing Act 1966. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Inland Fisheries (Amendment) Act 2017 (16/2017), enacted 6 July 2017, and all statutory instruments up to and including Statistics (Consumer Price Survey) Order 2017 (S.I. No. 313 of 2017), made 3 July 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 21 of 1966


HOUSING ACT 1966

REVISED

Updated to 1 July 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Housing Acts 1966 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Residential Tenancies (Amendment) Act 2015 (42/2015), s. 1(3)). The Acts in this group are:

Housing Act 1966 (21/1966)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Housing Act 1988 (28/1988), other than ss. 27 and 28

Housing (Miscellaneous Provisions) Act 1992 (18/1992), other than ss. 29 and 30 and ss. 38(3) and (4)

Housing (Miscellaneous Provisions) Act 1997 (21/1997), other than ss. 16, 17 and 24(3)

Housing (Traveller Accommodation) Act 1998 (33/1998), other than ss. 26 and 27

Housing (Miscellaneous Provisions) Act 2002 (9/2002), other than ss. 17 to 20, 22, 23 and 24 and schs. 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), other than s. 2

Housing (Miscellaneous Provisions) Act 2009 (22/2009), other than s. 100

Housing (Amendment) Act 2013 (22/2013)

Local Government Reform Act 2014 (1/2014), ss. 1(4), 5(3), sch. 2 part 1, sch. 4 paras. 1 and 14m and sch. 4 para. 16, in so far as they relate to the Housing Act 1966

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Residential Tenancies (Amendment) Act 2015 (42/2015), ss. 1(3), 15, 85 and 87

Acts previously included in this collective citation and construction but now repealed are:

Housing Act 1969 (16/1969)

Housing Act 1970 (18/1970)

Housing Act 1984 (1/1984)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1995, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Local Government Reform Act 2014 (1/2014)

National Asset Management Agency Act 2009 (34/2009)

Land And Conveyancing Law Reform Act 2009 (27/2009)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Grangegorman Development Agency Act 2005 (21/2005)

Residential Tenancies Act 2004 (27/2004)

Housing (Miscellaneous Provisions) Act 2002 (9/2002)

Local Government Act 2001 (37/2001)

Planning and Development Act 2000 (30/2000)

Finance Act 1999 (2/1999)

Housing (Traveller Accommodation) Act 1998 (33/1998)

Roads (Amendment) Act 1998 (3/1998)

Housing (Miscellaneous Provisions) Act 1997 (21/1997)

Dublin Docklands Development Authority Act 1997 (7/1997)

Transport (Dublin Light Rail) Act 1996 (24/1996)

Casual Trading Act 1995 (19/1995)

Local Government (Dublin) Act 1993 (31/1993)

Roads Act 1993 (14/1993)

Housing (Miscellaneous Provisions) Act 1992 (18/1992)

Housing Act 1988 (28/1988)

Urban Renewal (Amendment) Act 1987 (16/1987)

Housing Act 1984 (1/1984)

Housing (Private Rented Dwellings) Act 1982 (6/1982)

Casual Trading Act 1980 (43/1980)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Local Government (Financial Provisions) Act 1978 (35/1978)

Landlord and Tenant (Ground Rents) Act 1978 (7/1978)

Housing Act 1970 (18/1970)

Finance Act 1969 (21/1969)

Housing Act 1969 (16/1969)

All Acts up to and including Inland Fisheries (Amendment) Act 2017 (16/2017), enacted 6 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015)

Housing (Adaptation Grants for Older People and People with a Disability) (Amendment) Regulations, 2014 (S.I. No. 104 of 2014)

Housing (Sale of Houses) (Amendment) Regulations 2013 (S.I. No. 507 of 2013)

Housing (Sale of Houses to Long-Standing Tenants) (Amendment) Regulations 2012 (S.I. No. 465 of 2014)

Housing (Sale of Houses) Regulations 2012 (S.I. No. 420 of 2012)

Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011)

Housing (Sale of Houses to Long-standing Tenants) Regulations 2011 (S.I. No. 82 of 2011)

Housing (Rent Books) (Amendment) Regulations 2010 (S.I. No. 357 of 2010)

Housing (Standards For Rented Houses)(Amendment) Regulations 2009 (S.I. No. 462 of 2009)

Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008)

Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008)

Housing (Adaptation Grants for Older People and People With A Disability), Regulations 2007 (S.I. No. 670 of 2007)

Housing (Site Subsidy) Regulations 2005 (S.I. No. 916 of 2005)

Housing (Rent Subsidy) Regulations 2005 (S.I. No. 915 of 2005)

Housing (Mortgage Subsidy) Regulations 2005 (S.I. No. 914 of 2005)

Housing Regulations 1980 (Amendment) Regulations 2005 (S.I. No. 913 of 2005)

Housing (Rent Books) Regulations 1993 (Amendment) Regulations 2004 (S.I. No. 751 of 2004)

Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2003 (S.I. No. 502 of 2003)

Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2002 (S.I. No. 517 of 2002)

Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 2002 (S.I. No. 106 of 2002)

Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001)

Housing (New House Grant Etc.) Regulations 1990 (Amendment) Regulations 2001 (S.I. No. 609 of 2001)

Housing Regulations, 1980 (Amendment) Regulations 2001 (S.I. No. 608 of 2001)

Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 (S.I. No. 607 of 2001)

Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001)

Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001)

Housing Act 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000)

Housing (Registration of Rented Houses) (Amendment) Regulations 2000 (S.I. No. 12 of 2000)

Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999)

Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1998 (S.I. No. 537 of 1998)

Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998)

Housing Regulations 1980 (Amendment) (No. 2) Regulations 1998 (S.I. No. 426 of 1998)

Housing (Mortgage Allowance) Regulations 1993 (Amendment) Regulations 1998 (S.I. No. 153 of 1998)

Housing Regulations 1980 (Amendment) Regulations 1998 (S.I. No. 152 of 1998)

Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 1998 (S.I. No. 151 of 1998)

Housing (Improvement Grants) (Thatched Roofs) Regulations, 1990 (Amendment) Regulations 1998 (S.I. No. 150 of 1998)

Housing (Sale of Houses) Regulations 1995 (Amendment) Regulations 1998 (S.I. No. 91 of 1998)

Housing Regulations 1980 (Amendment) Regulations 1996 (S.I. No. 148 of 1996)

Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1996 (S.I. No. 88 of 1996)

Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996)

Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1995 (S.I. No. 211 of 1995)

Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995)

Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993)

Housing (Sale of Dwellings) Regulations 1993 (S.I. No. 267 of 1993)

Housing (Disabled Persons and Essential Repairs Grants) Regulations 1993 (S.I. No. 262 of 1993)

Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1993 (S.I. No. 214 of 1993)

Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1993 (S.I. No. 157 of 1993)

Housing (Standards For Rented Houses) Regulations 1993 (S.I. No. 147 of 1993)

Housing (Rent Books) Regulations 1993 (S.I. No. 146 of 1993)

Housing (Mortgage Allowance) Regulations 1993 (S.I. No. 32 of 1993)

Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (S.I. No. 86 of 1992)

Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992)

Housing (New House Grants Etc.) (Amendment) Regulations 1990 (S.I. No. 301 of 1990)

Housing (Improvement Grants) (Thatched Roofs) Regulations 1990 (S.I. No. 300 of 1990)

Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990)

Housing (Improvement Grants) Regulations 1989 (S.I. No. 290 of 1989)

Housing Act, 1988 (Commencement) Order 1989 (S.I. No. 40 of 1989)

Housing (Miscellaneous Provisions) Regulations 1988 (S.I. No. 362 of 1988)

Housing Act, 1988 (Commencement) (No. 2) Order 1988 (S.I. No. 295 of 1988)

Housing (Improvement Grants) Regulations 1988 (S.I. No. 261 of 1988)

Finance Act 1981 (Certificates of Reasonable Cost) Regulations, 1981 (Amendment) Regulations 1988 (S.I. No. 163 of 1988)

Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987)

Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986)

Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985)

Housing Regulations 1980 (Amendment) (No. 2) Regulations 1984 (S.I. No. 203 of 1984)

Housing (Improvement Grants) (Amendment) Regulations 1984 (S.I. No. 133 of 1984)

Housing Regulations 1980 (Amendment) Regulations 1984 (S.I. No. 50 of 1984)

Housing (Improvement Grants) Regulations 1983 (S.I. No. 330 of 1983)

Finance Act 1981 (Certificates of Reasonable Cost) Regulations (Amendment) Regulations 1983 (S.I. No. 39 of 1983)

Housing Regulations 1980 (Amendment) Regulations 1983 (S.I. No. 38 of 1983)

Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982)

Finance Act 1981 (Certificates of Reasonable Cost) Regulations 1981 (S.I. No. 300 of 1981)

Housing Regulations 1980 (Amendment) (No. 3) Regulations 1981 (S.I. No. 186 of 1981)

Housing Regulations 1980 (Amendment) (No. 2) Regulations 1981 (S.I. No. 185 of 1981)

Housing Regulations 1980 (Amendment) Regulations 1981 (S.I. No. 29 of 1981)

Housing Regulations 1980 (S.I. No. 296 of 1980)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1978 (S.I. No. 337 of 1978)

Housing Authorities (Borrowing and Management) Regulations,1974 (Amendment) Regulations 1978 (S.I. No. 270 of 1978)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) (No. 2) Regulations 1977 (S.I. No. 293 of 1977)

Social Welfare (Supplementary Welfare Allowances) Regulations 1977 (S.I. No. 168 of 1977)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1977 (S.I. No. 40 of 1977)

Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations 1976 (S.I. No. 143 of 1976)

Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974)

Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order 1974 (S.I. No. 215 of 1974)

Housing Act 1970 (Supplementary Grants) (Amendment) Regulations 1974 (S.I. No. 132 of 1974)

Housing Act 1970 (Supplementary Grants) Regulations 1973 (S.I. No. 259 of 1973)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1973 (S.I. No. 250 of 1973)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations (No. 2) 1972 (S.I. No. 294 of 1972)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1972 (S.I. No. 159 of 1972)

Housing Authorities (Loans For Acquisition Or Construction of Houses) Regulations 1972 (S.I. No. 29 of 1972)

Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1971 (S.I. No. 111 of 1971)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1970 (S.I. No. 42 of 1970)

Fines and Penalties (Disposal) Order 1969 (S.I. No. 165 of 1969)

Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1969 (S.I. No. 109 of 1969)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1968 (S.I. No. 143 of 1968)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967)

Housing Act 1966 (Commencement) Order 1967 (S.I. No. 70 of 1967)

Housing Act 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966)

Housing Act 1966 (Commencement) Order 1966 (S.I. No. 277 of 1966)

All statutory instruments up to and including Statistics (Consumer Price Survey) Order 2017 (S.I. No. 313 of 2017), made 3 July 2017, were considered in the preparation of this revision.


Number 21 of 1966.


HOUSING ACT 1966

REVISED

Updated to 1 July 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Service of notices, etc.

4.

Obligation to give information to housing authority.

5.

Regulations generally.

6.

Repeals.

PART II

Financial Provisions

Chapter I

Expenses under Act

7.

Expenses of administration of Minister.

8.

Charging of expenses of housing authority who are county council.

9.

Payment of expenses under section 111 of Act.

10.

Power to set off.

Chapter II

Assistance of Certain Research, Training and Bodies

11.

Assistance by Minister of certain research and training.

12.

Assistance by housing authority of certain bodies.

Chapter III

Housing Loans and Grants, etc.

13.

Definition for purposes of Chapter III of part II.

14.

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

15.

Grants by Minister for provision of houses.

16.

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

17.

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

18.

Grants by Minister for erection of flats or maisonettes.

19.

Grants by Minister for housing of elderly persons and others.

20.

Grants by Minister for provision of prototype houses.

21.

Grants by Minister to persons for reconstruction of houses.

22.

Further grants by Minister for reconstruction of houses.

23.

Grants by Minister for essential repairs.

24.

Grants by Minister to housing authority for improvement of houses.

25.

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

26.

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

27.

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

28.

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

29.

Supplementary grants by housing authority for reconstruction of houses.

30.

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

31.

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

32.

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

33.

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

34.

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

35.

Withholding or reduction in amount of grant.

36.

Making of grant to successor of deceased applicant.

37.

Restriction of local Acts and other provisions.

38.

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

39.

Loans by housing authority for acquisition or construction of houses.

40.

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

41.

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

42.

Schemes for guarantees.

43.

Guarantee of advances to builders.

Chapter IV

Contributions by Minister to Certain Annual Loan Charges

44.

Contributions by Minister to certain annual loan charges of housing authorities.

45.

Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes.

46.

Withholding or reduction in amount of contributions.

47.

Payment by Minister in lieu of contributions to annual loan charges.

48.

Subsidy by Minister in respect of certain loan charges.

Chapter V

Displacement Allowances

49.

Power of housing authority to make allowances to certain persons displaced.

Chapter VI

Stamp Duties

50.

Remission of Stamp duties on certain agreements, etc.

51.

Amendment of section 12 of Finance Act, 1895.

52.

Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949.

PART III

Provision and Management of Dwellings

53.

Duty of housing Authority to make inspection and to assess adequacy of supply and condition of housing.

54.

Review by housing authority of cost of housing services.

55.

Building Programmes.

56.

Provision of dwellings.

57.

Power of housing authority to provide building sites.

58.

Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith.

59.

Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928.

60.

Duty of housing authority to make scheme of priorities for letting housing accommodation.

61.

Requiring information from tenants and persons applying for tenancies.

62.

Recovery of Possession of dwellings and other buildings.

PART IV

Overcrowded And Unfit Houses

63.

Definition of “ overcrowding”.

64.

Obligation to give particulars relating to a house.

65.

Overcrowded houses.

66.

Unfit houses.

67.

Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.

68.

Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.

69.

Enforcement of repairs notice or demolition order.

70.

Bye-laws in relation to rented houses.

71.

Recovery of expenses of repair and demolition, etc.

72.

Appeals.

73.

Power of Circuit Court to determine lease of house in respect of which demolition order is made.

74.

Action under section 65, 66 or 69 of Act not to prejudice other remedies.

PART V

Acquisition of Land, etc.

75.

Definitions for purposes of Part V and Third Schedule.

76.

Procedure for compulsory acquisition of land.

77.

Compulsory acquisition of land not immediately required.

78.

Validity and date of operation of compulsory purchase orders.

79.

Notice to treat.

80.

Power of entry on, taking possession and use of land.

81.

Vesting order.

82.

Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.

83.

Extinguishment of ways, easements, etc.

84.

Assessment of compensation in respect of land acquired compulsorily.

85.

Appropriation of land to purposes of this Act.

86.

Amendment of section 10 of Local Government (No. 2) Act, 1960.

87.

Amendment of section 10 of Local Government (Ireland) Act, 1898.

PART VI

Disposal of Land and Dwellings

Chapter I

Land

88.

Disposal of land by housing authority.

Chapter II

Certain Dwellings Provided under this Act

89.

Interpretation (Chapter II of Part VI).

90.

Power of housing authority to sell or lease certain dwellings provided under this Act.

91.

Recovery of payments in respect of purchase money.

92.

Registration under Registration of Title Acts, 1891 and 1942 of ownership of dwellings sold or leased under section 90 of Act.

Chapter III

Purchase of Certain Cottages under Act of 1936.

93.

Interpretation (Chapter III of Part VI) and saver.

94.

Purchase of certain cottages under Act of 1936.

95.

Restriction on applications under section 16 of Act of 1936.

96.

Cottages in urban areas.

97.

Power to declare certain persons to be qualified persons.

98.

Cottage or plot may be charged, mortgaged, subdivided or alienated.

99.

Redemption of annuities.

100.

Act of 1936 wholly or otherwise to cease to apply in certain circumstances.

101.

Provisions as respects amount of annuities.

102.

Amendment of certain provisions of, and validation of certain orders under, Act of 1936.

103.

Amendment of section 46 of Land Act, 1923.

104.

Amendment of sections 6 and 7 of Land Act, 1946.

105.

Saver.

Chapter IV

Miscellaneous

106.

Duty of housing authority to put certain cottages and dwellings into good structural condition.

107.

Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.

108.

Capital money.

PART VII

Exercise and Default in Exercise of Functions under this Act

109.

Exercise by housing authority of functions under this Act outside functional area.

110.

Committees.

111.

Failure of housing authority as respects performance of functions under Act.

PART VIII

Miscellaneous

112.

Provision of technical assistance.

113.

Power to provide prizes or other incentives for the maintenance of houses, etc.

114.

Conditions to be complied with on letting of house for habitation.

115.

Prohibition on persons interested voting as members of housing authority or certain committees.

116.

Prosecutions and offences.

117.

Power of authorised person to enter on land.

118.

Certain dwellings to be deemed to be provided under this Act.

119.

Small dwellings.

120.

Amendment of Housing of Working Classes Act, 1890.

121.

Savings.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE


Acts Referred to

Local Registration of Title (Ireland) Act, 1891

1891, c. 66

Labourers Act, 1936

1936, No. 24

Housing (Amendment) Act, 1948

1948, No. 1

Housing (Amendment) Act, 1952

1952, No. 16

Local Government (No. 2) Act, 1960

1960, No. 40

Housing (Loans and Grants) Act, 1962

1962, No. 27

Health Act, 1947

1947, No. 28

Health Authorities Act, 1960

1960, No. 9

Local Government Act, 1941

1941, No. 23

Registration of Deeds Act, 1707

1707, c. 2

Companies Act, 1963

1963, No. 33

Local Government (Amendment) (No. 2) Act, 1934

1934, No. 44

Industrial Research and Standards Act, 1961

1961, No. 20

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Housing (Gaeltacht) (Amendment) Act, 1959

1959, No. 16

Housing (Gaeltacht) Act, 1929

1929, No. 41

Housing (Amendment) Act, 1958

1958, No. 27

Housing (Amendment) Act, 1954

1954, No. 16

Housing (Gaeltacht) (Amendment) Act, 1953

1953, No. 6

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

Property Values (Arbitrations and Appeals) Act, 1960

1960, No. 45

Insurance Act, 1936

1936, No. 45

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Finance Act, 1895

1895, c. 16

Finance (No. 2) Act, 1947

1947, No. 33

Finance Act, 1949

1949, No. 13

Stamp Act, 1891

1891, c. 39

Land Law (Ireland) Act, 1881

1881, c. 49

Local Government (Rates on Small Dwellings) Act, 1928

1928, No. 4

Public Assistance Act, 1939

1939, No. 27

Rent Restrictions Act, 1960

1960, No. 42

Working Classes Act, 1890

1890, c. 70

Housing (Ireland) Act, 1919

1919, c. 45

Land (Reference Committee) Act, 1925

1925, No. 22

Local Government (Ireland) Act, 1898

1898, c. 37

Local Government Act, 1946

1946, No. 24

Housing and Labourers Act, 1937

1937, No. 42

Land Reclamation Act, 1949

1949, No. 25

Land Act, 1923

1923, No. 42

Labourers Act, 1965

1965, No. 24

Land Act, 1946

1946, No. 12

Housing (Amendment) Act, 1942

1942, No. 15

Labourers (Ireland) Act, 1906

1906, c. 37

Housing (Management and Letting) Regulations, 1950

1950, S.I. No. 47

Housing (Miscellaneous Provisions) Act, 1931

1931, No. 50

Housing (Financial and Miscellaneous Provisions) Act, 1932

1932, No. 19

Interpretation Act, 1937

1937, No. 38

Lands Clauses Consolidation Act, 1845

1845, c. 18

Housing (Amendment) Act, 1950

1950, No. 25


Number 21 of 1966.


HOUSING ACT 1966

REVISED

Updated to 1 July 2017


AN ACT TO MAKE PROVISION WITH RESPECT TO HOUSING (INCLUDING THE PROVISION OF LOANS AND GRANTS BY THE STATE AND BY LOCAL AUTHORITIES IN RELATION TO HOUSING), FOR THAT PURPOSE TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO HOUSING, TO AMEND CERTAIN OTHER ENACTMENTS AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12 th July, 1966.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Housing Acts restricted (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 14(1), S.I. No. 247 of 1997, and s. 14A as inserted (11.09.1998) by Housing (Traveller Accommodation Act 1998 (33/1998), s. 35(b), S.I. No. 328 of 1998; as substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(9), S.I. No. 121 of 2015.

Letting and sale of local authority housing.

14.[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection (1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour or that an allocation to that household would not be in the interest of good estate management, or

(ii) the household fails to provide information, including information relating to members residing together or proposing to reside together as part of the household, which is requested by the authority and which the authority considers necessary in connection with an allocation,

or

(b) refuse to permit a person, or defer permitting a person, to take up or resume residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour or that such permission would not be in the interest of good estate management, or

(ii) the tenant of the dwelling or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give, refuse or defer such permission.]

...

[ Authorisation to occupy caravan on site

14A. Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority may refuse or defer an authorisation to a person to occupy a caravan on a site where—

(a) the authority considers that that person or a member of his or her household is or has been engaged in anti-social behaviour or that the occupation by that person or household member of a caravan on the site would not be in the interest of good estate management, or

(b) that person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the authority and which the authority considers necessary in respect of the application for such authorisation.]

C2

Reference to “a housing authority” under collectively cited Housing Acts construed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) and (2); as substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(a), S.I. No. 329 of 2002; as substituted (1.02.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; and as substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1 .

Definition of housing authority and transfer of functions.

23.[(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly;

...]

C3

Reference to “county council”, “city council” and “county council and a city council”, and reference to “the administrative area of a county council”, “the administrative area of a city council” and “the administrative area of a county council and the administrative area of a city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C4

Application of collectively cited Housing Acts potentially restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

Housing Acts 1966 to 2009

...

C5

Power granted to Minister to issue guidelines and codes of practice, and a licence, consent, permission, permit, derogation or other authorisation given under collectively cited Housing Acts 1966 to 2009 may require compliance with an issued guideline and code of practice as provided (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 63(3), 71 and sch. 2.

General provisions regarding licences etc

63. ...

(3) A person who fails to comply with the terms, conditions, restrictions or requirements of a licence, consent, permission, permit, derogation or other authorisation given by a public authority pursuant to or in accordance with these Regulations shall be guilty of an offence.

...

Guidelines and codes of practice

71. (1) The Minister may issue guidelines and codes of practice in relation to the performance of the functions of public authorities insofar as the requirements of these Regulations, the Habitats Directive or the Birds Directive apply to those functions, or in relation to the general duties of other persons to which these Regulations apply.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

Housing Acts 1966 to 2009

C6

Power granted to Minister to give directions and issue guidelines under collectively cited Housing Acts 1966 to 2009 (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 4, S.I. No. 449 of 2009.

Ministerial directions.

4.— (1) The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions.

...

Guidelines.

5.— (1) The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions.

...

C7

Certain functions under collectively cited Housing Acts 1966 to 2009 transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59(1) and sch. 3 item 43, S. I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

43. Housing Acts 1966 to 2002

C8

Reference to “a functional area of a health board”, “the Eastern Regional Health Authority” and “an Area Health Board” under collectively cited Housing Acts 1966 to 2009 construed (1.01.2005) by Health Act 2004 (42/2004), s. 67(2) and sch. 3 item 43, S.I. No. 887 of 2004.

Functional areas of dissolved health boards.

67.— ...

(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

( a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

( b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

43. Housing Acts 1966 to 2002

C9

Certain functions conferred under Act transferred (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(1), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister: ...

Housing Act, 1966;

...

C10

Reference to “land” construed by Roads Act 1993 (14/1993), s. 52(7), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 5(b), commenced on enactment.

Acquisition of land and implementation of scheme.

52. ...

[ (7) For the purposes of subsection (1), any reference in section 10(1) (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, or in the Housing Act, 1966, to land shall include a reference to a substratum of land.]

C11

Application of Act extended (1.05.1997) by Dublin Docklands Development Authority Act 1997 (7/1997), s. 27(2), S.I. No. 135 of 1997.

Acquisition of land compulsorily by Authority.

27. ...

(2) The provisions of the Housing Act, 1966, shall apply in relation to the compulsory acquisition of land under subsection (1) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

...

C12

Application of Act extended (1.01.1994) by Roads Act 1993 (14/1993), s. 19(8), S.I. No. 406 of 1993.

Specific functions of the Authority.

19. ...

(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

C13

References to “grant”, “loan subsidy” and “contribution” under collectively cited Housing Acts 1966 to 1979 construed (19.08.1988) by Housing Act 1988 (28/1988), s. 1(3), S. I. No. 199 of 1988.

Interpretation.

1. ...

(3) References in the Housing Acts, 1966 to 1979, to a grant, loan, subsidy or contribution under those Acts shall be construed as including references, respectively, to a grant, loan, subsidy or contribution under this Act.

C14

Reference to “grant”, “loan” and “contribution” construed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 1(2), S. I. No. 276 of 1979.

Interpretation.

1.— ...

(2) References in the Principal Act, as amended, to a grant, loan or contribution under that Act shall be construed as including references respectively to a grant, loan or subsidy under this Act.

Editorial Notes:

E1

Housing authority enabled to obtain, share and exchange restricted information including tax reference numbers under certain conditions (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 55, S.I. No. 404 of 2014.

E2

Housing authority in performance of its functions under collectively cited Housing Acts granted power to obtain household information (14.06.2010 and 1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 32, S.I. Nos. 253 of 2010 and 83 of 2011, as amended.

E3

Housing authority, for purposes of its functions under collectively cited Housing Acts, authorised to obtain certain information in respect of certain persons (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 15(2), S.I. No. 247 of 1997; as substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5, S.I. No. 449 of 2009.

E4

Collectively cited Housing Acts designated as primarily the responsibility of the Minister although conferring functions on local authorities (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(2)(a) and sch. 12 part 1, S.I. No. 588 of 2001, sch. 12 part 1, as substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007.

E5

An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for certain purposes (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; para. (j)(ii) substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.

E6

Minister authorised to devolve payment of grants under this Act and Housing (Miscellaneous Provisions) Act 1979 under certain conditions (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 2, S.I. No. 297 of 1980.

E7

Provision for payment of fines under Act to be made to county council or other listed bodies made (20.08.1969) by Fines and Penalties (Disposal) Order 1969 (S.I. No. 165 of 1969).

E8

Previous affecting provision: power of housing authority to provide dwellings and sites under collectively cited Housing Acts extended (1.04.2011) Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 19(6), S.I. No. 83 of 2011; deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

E9

Previous affecting provision: reference to “land” construed to include substratum by Transport (Dublin Light Rail) Act 1996 (24/1996), s. 13(3), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 7(f), commenced on enactment; repealed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (51/2001), s. 3(b), commenced on enactment, subject to transitional provisions.