Housing (Miscellaneous Provisions) Act 2002


Number 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 2018


This Revised Act is an administrative consolidation of the Housing (Miscellaneous Provisions) Act 2002. 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 Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018), made 12 September 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 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 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

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 Act 1969 (16/1969)

Housing Act 1970 (18/1970)

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

Housing Act 1984 (1/1984)

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), other than 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), sch. 2 part 1, sch. 4 paras. 1 and 14 in so far as they relate to the Housing Act 1966, and sch. 4 para. 16

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

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

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 1983, 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

Freedom of Information Act 2014 (30/2014)

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

Local Government Reform Act 2014 (1/2014)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

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

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

Housing (Miscellaneous Provisions) Act 2004 (43/2004)

Health Act 2004 (42/2004)

Civil Registration Act 2004 (3/2004)

Planning and Development (Amendment) Act 2002 (32/2002)

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

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Housing (Miscellaneous Provisions) Act 2002 (Commencement) (No. 3) Order 2006 (S.I. No. 391 of 2006)

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

Housing (Miscellaneous Provisions) Act, 2002 Commencement (No. 2) Order 2002 (S.I. No. 329 of 2002)

Housing (Miscellaneous Provisions) Act 2002 (Commencement) Order 2002 (S.I. No. 163 of 2002)

All statutory instruments up to and including Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018), made 12 September 2018, were considered in the preparation of this revision.


Number 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations.

4.

Repeals.

PART 2

Affordable and Shared Ownership Housing Schemes

5.

Definitions.

6.

Provision of affordable houses. (Repealed)

7.

Subsidy towards housing loan charges.

8.

Allocation of affordable houses. (Repealed)

9.

Control on resale of affordable houses. (Repealed)

10.

Shared ownership lease: purchase of interest of housing authority in house or sale of house. (Repealed)

PART 3

Miscellaneous

11.

New house grants.

12.

Assistance by Minister to approved bodies.

13.

Provision of information to Minister by mortgage lenders.

14.

Amendment of section 58 of Principal Act (Management and control of certain dwellings, etc.).

15.

Amendment of section 90 of Principal Act (Power of housing authority to sell certain dwellings).

16.

Amendment of section 23 of Act of 1992.

17.

Amendments to Housing Finance Agency Act, 1981.

18.

Amendment of section 54 of Finance Act, 1970.

19.

Amendment of First Schedule to National Treasury Management Agency Act, 1990.

20.

Amendment of Housing (Private Rented Dwellings) Act, 1982.

21.

Amendment of section 10 of Housing (Miscellaneous Provisions) Act, 1992.

22.

Amendment to section 25 of the Dublin Docklands Development Authority Act, 1997.

23.

Amendments to Building Societies Act, 1989.

24.

Amendment to Criminal Justice (Public Order) Act, 1994.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Schedule to Housing Finance Agency Act, 1981

SCHEDULE 3

Amendments to Building Societies Act, 1989

Acts Referred to

Borrowing Powers of Certain Bodies Act, 1996

1996, No. 22

Building Societies Act, 1989

1989, No. 17

Central Bank Act, 1997

1997, No. 8

Companies Acts, 1963 to 2001

Criminal Justice (Public Order) Act, 1994

1994, No. 2

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Finance Act, 1970

1970, No. 14

Finance Act, 1983

1983, No. 15

Finance Act, 1997

1997, No. 22

Freedom of Information Act, 1997

1997, No. 13

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Health Act, 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1998

Housing Finance Agency Act, 1981

1981, No. 37

Housing Finance Agency (Amendment) Act, 1985

1985, No. 20

Housing (Miscellaneous Provisions) Act, 1979

1979, No. 27

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing (Private Rented Dwellings) Act, 1982

1982, No. 6

Housing (Traveller Accommodation) Act, 1998

1998, No. 33

Local Government (Sanitary Services) Acts, 1878 to 1995

Local Government Act, 2001

2001, No. 37

National Treasury Management Agency Act, 1990

1990, No. 18

Nítrigin Éireann Teoranta Act, 2001

2001, No. 21

Roads Act, 1993

1993, No. 14

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Vocational Education Acts, 1930 to 1999

Waste Management Acts, 1996 and 2001

Water Supplies Act, 1942

1942, No. 1


Number 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 2018


AN ACT TO PROVIDE FOR THE MAKING AVAILABLE, AND RESALE, OF AFFORDABLE HOUSES, TO PROVIDE FOR THE PURCHASE OF THE INTEREST OF A HOUSING AUTHORITY IN A HOUSE WHICH IS SUBJECT TO A SHARED OWNERSHIP LEASE AND THE SALE OF SUCH A HOUSE, TO PROVIDE FOR THE MAKING OF GRANTS IN RESPECT OF NEW HOUSES AND TO APPROVED BODIES, TO PROVIDE FOR THE GIVING OF CERTAIN INFORMATION BY MORTGAGE LENDERS TO THE MINISTER, TO EXTEND THE POWERS AND INCREASE THE BORROWING LIMIT OF THE HOUSING FINANCE AGENCY, TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1998, THE FINANCE ACT, 1970, THE HOUSING FINANCE AGENCY ACT, 1981, TO AMEND THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982, THE BUILDING SOCIETIES ACT, 1989, THE NATIONAL TREASURY MANAGEMENT AGENCY ACT, 1990, THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994, AND THE DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997, AND TO PROVIDE FOR RELATED MATTERS. [10 th April, 2002]

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 (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.

[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).

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 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.

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.

...

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

...

6

Housing Acts 1966 to 2009

...

C6

Power granted to Minister to give directions and issue guidelines under collectively cited Housing Acts (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 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 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

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.

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

Application of Housing Act 1966 (21/1966), ss. 10 and 38 to certain sums, grants, subsidies and other forms of assistance under collectively cited Housing Acts provided (19.08.1988) by Housing Act 1988 (28/1988), s. 19, S.I. No. 199 of 1988.

E7

Previous affecting provision: power of housing authority to provide dwellings and sites under collectively cited Housing Acts extended (1.04.2011) by 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.

E8

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.