Housing Act 1988


Number 28 of 1988


HOUSING ACT 1988

REVISED

Updated to 31 January 2018


This Revised Act is an administrative consolidation of the Housing Act 1988. It is prepared by the Law Reform Commission in accordance with its function under the 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 Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including Garda Síochána Act 2005 (Retirement) Regulations 2018 (S.I. No. 28 of 2018), made 6 February 2018, 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 28 of 1988


HOUSING ACT 1988

REVISED

Updated to 31 January 2018


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

Cork City Management Acts 1929 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 1994 (8/1994), s. 1(3)). The Acts in this group are:

Cork City Management (Amendment) Act 1941 (5/1941)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Cork City Management Acts 1929 to 1965

Housing Act 1988 (28/1988), s. 27

Local Government Act 1991 (11/1991), in so far as it relates to the management of the county borough of Cork

Local Government Act 1994 (8/1994), in so far as it relates to the management of the county borough of Cork

Acts previously included in this collective citation and construction but now repealed are:

Cork City Management Act 1929 (1/1929)

City and County Management (Amendment) Act (12/1955), in so far as it relates to the county borough of Cork

Cork City Management (Amendment) Act 1965 (8/1965)

County Management Acts 1940 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 1994 (8/1994), s. 1(3)). The Acts in this group are:

Local Government (Reorganisation) Act 1985 (7/1985), s. 7

Housing Act 1988 (28/1988), s. 27

Local Government Act 1991 (11/1991), in so far as it relates to the management of counties, elective bodies and the county borough of Galway

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

Local Government Act 1994 (8/1994), in so far as it relates to the management of counties, elective bodies and the county borough of Galway

Acts previously included in this collective citation and construction but now repealed are:

County Management Act 1940 (12/1940)

County Management (Amendment) Act 1942 (13/1942)

City and County Management (Amendment) Act 1955 (12/1955), in so far as it relates to counties and elective bodies

County Management (Amendment) Act 1972 (32/1972)

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 s. 24(3)

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

Housing (Miscellaneous Provisions) Act 2002 (9/2002), apart from ss. 17-20, 22, 23 and 24 and Schedules 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), Schedule 2, Part 1, Schedule 4, paras. 1 and 14 and Schedule 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)

Limerick City Management Acts 1934 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 1994 (8/1994), s. 1(6)). The Acts in this group are:

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Limerick City Management Acts 1934 to 1955

Housing Act 1988 (28/1988), s. 27

Local Government Act 1991 (11/1991), in so far as it relates to the management of the county borough of Limerick

Local Government Act 1994 (8/1994), in so far as it relates to management of the county borough of Limerick

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

Limerick City Management Act 1934 (35/1934)

Limerick City Management Act 1950 (24/1950)

City and County Management (Amendment) Act 1955 (12/1955), in so far as it relates to the county borough of Limerick

Local Government (Dublin) Acts 1930 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 1994 (8/1994), s. 1(5)). The Acts in this group are:

Local Government (Dublin) Act 1930 (27/1930)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government (Dublin) Acts 1930 to 1971

Local Government (Reorganisation) Act 1985 (7/1985), Part III

Housing Act 1988 (28/1988), s. 27

Local Government Act 1991 (11/1991), in so far as it relates to the management of the county borough of Dublin

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

Local Government Act 1994 (8/1994), in so far as it relates to the management of the county borough of Dublin

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

Local Government (Dublin) Act 1935 (10/1935)

Local Government (Dublin) (Amendment) Act 1940 (21/1940)

Local Government (Dublin) Act 1945 (8/1945)

Local Government (Dublin) (Amendment) Act 1953 (10/1953)

City and County Management (Amendment) Act 1955 (12/1955)

Local Government (Dublin) Act 1967 (4/1967)

Vagrancy Acts 1824 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Criminal Justice (Public Order) Act 1994 (2/1994), s. 1(2)). The Acts in this group are:

Vagrancy Act 1824 (5 Geo. 4. c. 83), as applied to Ireland by Prevention of Crimes Act 1871, s. 15

Housing Act 1988 (28/1988), s. 28

Criminal Justice (Public Order) Act 1994 (2/1994), s. 12

Waterford City Management Acts 1939 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Act 1994 (8/1994), s. 1(7)). The Acts in this group are:

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Waterford City Management Acts 1939 and 1955

Housing Act 1988 (28/1988), s. 27

Local Government Act 1991 (11/1991), so much of this Act as relates to the management of the county borough of Waterford

Local Government Act 1994 (8/1994), so much of this Act as relates to the management of the county borough of Waterford

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

Waterford City Management Act 1939 (25/1939)

City and County Management (Amendment) Act 1955 (12/1955), so much of this Act as relates to the county borough of Waterford

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 1994, 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

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (S.I. No. 24 of 2010)

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

Registration of Deeds and Title Act 2006 (12/2006)

Health Act 2004 (42/2004)

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

Local Government Act 2001 (37/2001)

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

Finance Act 1998 (3/1998)

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

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

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

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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

European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014)

Registry of Deeds (Fees) Order 2008 (S.I. No. 51 of 2008)

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

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

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

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

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

Housing (Miscellaneous Provisions) Regulations, 1988 (Amendment) Regulations, 1993 (S.I. No. 157 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 Act, 1988 (Commencement) Order 1990 (S.I. No. 33 of 1990)

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 Act, 1988 (Commencement) Order 1988 (S.I. No. 199 of 1988)

All statutory instruments up to and including Garda Síochána Act 2005 (Retirement) Regulations 2018 (S.I. No. 28 of 2018), made 6 February 2018, were considered in the preparation of this revision.


Number 28 of 1988


HOUSING ACT 1988

REVISED

Updated to 31 January 2018


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Homeless persons for the purposes of this Act.

3.

Subsidy for acquisition or construction of houses.

4.

Grant on surrender of certain houses.

5.

Assistance by housing authorities of certain bodies. (Repealed)

6.

Expenses of social workers.

7.

Validation.

8.

Estimate of housing requirements.

9.

Housing assessments. (Repealed)

10.

Additional provisions regarding accommodation for homeless persons.

11.

Schemes of priorities for letting dwellings. (Repealed)

12.

Reconstruction or improvement of certain houses provided by housing authorities.

13.

Provision of sites for travellers.

14.

Provision of sites for private housing.

15.

Grants or subsidies by Minister for dwellings, sites and assistance provided by housing authorities. (Repealed)

16.

Guarantees by housing authorities.

17.

Mortgage of houses sold or leased by housing authorities.

18.

Discharge of mortgage.

19.

Application of certain sections of Part II of Principal Act.

20.

Additional provisions relating to sections 56 to 58 of Principal Act and to section 12 . (Repealed)

21.

Amendment of section 2 of Principal Act.

22.

Amendment of section 108 of Principal Act.

23.

Repeal of section 13 of Act of 1979 and consequential provisions.

24.

Amendment of section 3 of Act of 1979. (Repealed)

25.

Amendment of section 4 of Act of 1979.

26.

Amendment of section 7 of Act of 1979.

27.

Amendment of City and County Management (Amendment) Act, 1955. (Repealed)

28.

Amendment of Vagrancy Act, 1824.

29.

Offences.

30.

Repeals.

31.

Short title, construction, collective citation and commencement.

SCHEDULE

Enactments Repealed


Acts Referred to

Central Bank Act, 1971

1971, No. 24

City and County Management (Amendment) Act, 1955

1955, No. 12

Companies Act, 1963

1963, No. 33

Cork City Management Acts, 1929 to 1971

County Management Acts, 1940 to 1985

Credit Union Act, 1966

1966, No. 19

Health Act, 1970

1970, No. 1

Housing Act, 1966

1966, No. 21

Housing Act, 1969

1969, No. 16

Housing (Miscellaneous Provisions) Act, 1979

1979, No. 27

Housing Act, 1984

1984, No. 1

Housing Acts, 1966 to 1979

Housing Finance Agency Act, 1981

1981, No. 37

Industrial and Provident Societies Acts, 1893 to 1978

Insurance Acts, 1909 to 1985

Labourers Act, 1936

1936, No. 24

Limerick City Management Acts, 1934 to 1971

Local Government (Dublin) Acts, 1930 to 1985

Prevention of Crimes Act, 1871

34 & 35 Vict. c. 112

Registration of Deeds Act, 1707

6 Anne, c. 2

Registration of Title Act, 1964

1964, No. 16

Registry of Deeds (Ireland) Act, 1832

2 & 3 Will. 4. c. 87

Towns Improvement (Ireland) Act, 1854

17 & 18 Vict. c. 103

Trustee Savings Banks Acts, 1863 to 1979

Vagrancy Act, 1824

5 Geo. 4. c. 83

Waterford City Management Acts, 1939 to 1971


Number 28 of 1988


HOUSING ACT 1988

REVISED

Updated to 31 January 2018


AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1979, TO AMEND THE VAGRANCY ACT, 1824, AND THE CITY AND COUNTY MANAGEMENT (AMENDMENT) ACT, 1955, AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING AND IN RELATION TO THE DISCHARGE OF MORTGAGES. [13 th July, 1988]

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, commenced on enactment, 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), (10), 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 (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) and (2), S.I. No. 223 of 1992); 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, S.I. No. 214 of 2014.

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), ss. 4, 5, 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