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Housing Act 1988
Reconstruction or improvement of certain houses provided by housing authorities.
12.—(1) The Minister may, on application by a housing authority and subject to subsection (2) F8[and (8)], determine that a group of houses provided by the authority shall be houses to which this section applies.
(2) A determination under subsection (1) shall be made only where the group of houses consists wholly or partly of houses of which the authority are the owner and which—
(a) are in need of reconstruction by reason of defects in their design or construction, or of deterioration due to age, or
(b) otherwise require works which, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the houses more suitable for human habitation.
(3) A housing authority may, with the consent of the Minister, carry out reconstruction or improvement works to a house included in a group of houses to which this section applies where that house has been sold or leased by the authority.
(4) Where a housing authority carry out works to a house by virtue of subsection (3), they shall require the owner or lessee of the house to make such contribution as the authority may see fit or the Minister may direct towards the costs incurred by the authority.
(5) A contribution due to a housing authority under subsection (4) shall be recoverable by them as a simple contract debt in any court of competent jurisdiction.
(6) The Minister may specify such requirements as he sees fit in relation to the carrying out of environmental or ancillary works in respect of houses to which this section applies.
(7) This section shall be deemed to have come into operation on the 2nd day of October, 1984.
F8[ (8) (a) This section shall not apply to apartments in a designated apartment complex.
(b) For the purposes of paragraph (a), “apartments” and “designated apartment complex” have the same meaning as they have in section 50 of the Housing (Miscellaneous Provisions) Act 2009. ]
Annotations
Amendments:
F8
Inserted (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 3 item 1, S.I. No. 680 of 2011.
Modifications (not altering text):
C20
Tenant purchase may be restricted by planned reconstruction, improvement or regeneration as provided (1.12.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 51(1)(d), S.I. No. 680 of 2011.
Consideration of designation of apartment complex.
51.— (1) Subject to and in accordance with this Part and any regulations made thereunder, a housing authority may propose to designate an apartment complex for the purpose of making all of the apartments comprised therein, in respect of which the housing authority is the apartment owner, available for sale to the tenants thereof, under this Part and any regulations made thereunder, where the housing authority is satisfied that the conditions specified in subsection (2) are met.
(2) The conditions referred to in subsection (1) are that—
...
(d) with respect to the apartment complex concerned, neither the housing services plan nor the housing action programme contain—
(i) proposals to carry out reconstruction or improvement works by virtue of section 12 of the Act of 1988, or
(ii) plans for the regeneration of the area in which the apartment complex is situated,
...