Local Government Act 2001
Land disposals, notification of members.
183.—(1) The following provisions have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority:
(a) notices shall be sent or delivered to the members of the local authority giving particulars of—
(i) the land,
(ii) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries,
(iii) the person to whom the land is to be disposed of,
(iv) the consideration proposed in respect of the disposal,
(v) any covenants, conditions or agreements to have effect in connection with the disposal;
(b) at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution;
(c) if the local authority resolves by virtue of paragraph (b) that the disposal shall not be carried out, it shall not be carried out;
(d) if the local authority does not pass a resolution pursuant to paragraph (b), the disposal may be carried out;
(e) if the local authority resolves by virtue of paragraph (b) that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may be carried out in accordance with those terms;
(f) the disposal shall not be carried out otherwise than in accordance with paragraph (d) or (e) and subject to the consent of the Minister where consent is required under section 211(2) of the Act of 2000.
(2) Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992) of the Housing Act, 1966, is amended by the substitution of the following for subsection (4):
“(4) (a) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.
(b) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000, and for the purposes of this paragraph ‘land’ does not include a dwelling.”.
Annotations
Modifications (not altering text):
C151
Prospective affecting provision: application of section restricted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 27, not commenced as of date of revision.
Non-application of certain provisions to disposals for purposes of this Chapter.
27.— Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal, for any of the purposes of this Chapter, of land or a dwelling by a housing authority.
...
C152
Application of section restricted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 58, S.I. No. 143 of 2022, art. 2(h).
Provision relating to local authority land under this Part
58. Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal by a local authority to the Agency under this Part of relevant public land owned by the local authority which land—
(a) is situated—
(i) in the local authority area in respect of which a development plan is in force, or
(ii) in the functional area, within the meaning of the Act of 2000, of, or any particular area within the functional area of, a planning authority in respect of which a local area plan is in force, and
(b) is zoned for solely residential use or a mixture of residential and other uses in, as the case may be, the development plan or local area plan.
C153
Application of section restricted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 22(2), S.I. No. 450 of 2021.
Relationship with other enactments
22. ...
(2) Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible applicant under an affordable dwelling purchase arrangement.
...
C154
Application of section restricted (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 83(5), S.I. No. 206 of 2018.
Affordable dwelling purchase arrangements.
83.— ...
(5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under an affordable dwelling purchase arrangement.
C155
Application of section restricted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 25(4), S.I. No. 482 of 2015.
Sale of house to tenant
25.— ...
(4) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a house under this Part.
C156
Application of section restricted (25.12.2015) by Harbours Act 2015 (61/2015), s. 16(1)(b), commenced on enactment.
Provisions with respect to sale, leasing and acquisition of land by transferred company
16. (1) ...
(b) Section 183 of the Local Government Act 2001 does not apply to any decision by the directors of a transferred company made under paragraph (a).
...
C157
Application of section restricted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 12(9), S.I. No. 575 of 2013.
Transfer of property of water services authorities
12.— ...
(9) Section 183 of the Act of 2001 shall not apply to the vesting of land under this section.
...
C158
Application of section restricted (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 64(10), S.I. No. 680 of 2011.
Sale by housing authority of apartments to tenants.
64.— ...
(10) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of an apartment to a tenant in accordance with this Part.
C159
Application of section restricted (1.01.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 45(5), S.I. No. 540 of 2009.
Sale of dwelling by incremental purchase arrangement.
45.— ...
(5) Section 211(2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under this section.
Editorial Notes: