Housing Act 1966

FOURTH SCHEDULE

Rules Applicable as Respects Assessment of Compensation

Section 84.

PART I

Land Consisting of a House Unfit for Human Habitation and not Capable of being Rendered Fit for Human Habitation at Reasonable Expense

The arbitrator shall assess the compensation to be paid for the land, including the buildings thereon, as the value of the land as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

PART II

Other Land

1. If the arbitrator is satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the compensation shall so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and only by the number of persons whom the premises were, under all the circumstances of the case, fitted to accommodate without such overcrowding.

2. If the arbitrator is satisfied that any premises are in a state of defective sanitation or are not in reasonably good repair the compensation shall be the estimated value of the premises if put into a sanitary condition, or reasonably good repair, less the estimated expense of putting them into such condition or repair.

3. The housing authority may tender evidence as to the matters aforesaid, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence.

Annotations

C63

Application of schedule extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.

[Exercise of compulsory powers

16C. ...

(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.

(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —

(a) references in that Act to a housing authority shall be construed as references to IDA,

(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,

(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,

(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and

(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.

(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA.]

C64

Application of schedule extended with modifications (1.05.1996) by Casual Trading Act 1995 (19/1995), s. 7(2), S.I. No. 267 of 1995.

Acquisition and extinguishment of market rights.

7.— ...

(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—

(a) with the substitution of references to such market right for references to land,

(b) with the deletion of—

(i) “and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,

(ii) “and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,

(iii) “by reference to a map” in paragraph 3 of the said Third Schedule, and

(iv) “and of the map referred to therein” in paragraph 4 (a) of the said Third Schedule, and

(c) with any other necessary modifications.

Editorial Notes:

E216

Previous affecting provision: application of schedule extended with modifications (12.02.1980) by Casual Trading Act 1980 (43/1980), s. 8, S.I. No. 43 of 1981; repealed (1.05.1996) by Casual Trading Act 1995 (15/1995), s. 17(1)(a), S.I. No. 267 of 1995, subject to transitional provisions in subss. (2) and (3).