Housing (Miscellaneous Provisions) Act 2009
Number 22 of 2009
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Housing (Miscellaneous Provisions) Act 2009. 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 the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 22 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, 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 22 of 2009
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 January 2023
ARRANGEMENT OF SECTIONS
PRELIMINARY AND GENERAL
Section
1. Short title, collective citation, construction and commencement.
6. Limitation on Ministerial power.
FUNCTIONS OF HOUSING AUTHORITIES
Housing Services
10. Provision of housing services.
11. Provision of ancillary services.
12. Funding for housing services.
13. Housing authority resources.
Housing Services Plan
14. Obligation to make housing services plan.
15. Content of housing services plan.
16. Preparation of draft plan and making of plan.
17. Variation of housing services plan.
Social Housing Support
19. Provision of social housing support.
20. Social housing assessment.
21. Summary of social housing assessments.
Rental Accommodation Arrangements
23. Interpretation (Chapter 4).
24. Rental accommodation availability agreement.
25. Chapter 4 tenancy agreement.
26. Expenses incurred by housing authority.
27. Non-application of certain provisions to disposals for purposes of this Chapter.
Management and Control Functions
28. Management and control functions.
29A. Revision of existing tenancy agreements.
30. Delegation of management and control functions.
33. Moneys owing to housing authority.
34. Arrangements with households for payment of moneys due and owing to housing authority.
35. Anti-social behaviour strategy.
Homelessness Action Plans
36. Interpretation (Chapter 6).
38. Homelessness consultative forum.
40. Preparation of draft plan and making of plan.
42. Power of Minister to prescribe body as specified body.
INCREMENTAL PURCHASE ARRANGEMENTS
44. Application of Part 3 to certain dwellings.
45. Sale of dwelling by incremental purchase arrangement.
47. Suspension of reduction of charged share.
48. Control on resale of dwelling sold under an incremental purchase arrangement.
TENANT PURCHASE OF APARTMENTS
51. Consideration of designation of apartment complex.
52. Preparation of draft proposal to designate apartment complex.
53. Proposal to designate apartment complex.
55. Designation of apartment complex.
57. Establishment and objects of management company.
58. Annual meetings and reports of management company.
59. Transfer of ownership of designated apartment complex to management company.
60. Lease of apartment to housing authority.
61. Consequences of designation lapsing under section 55.
62. Costs incurred by management company.
63. Management, control and maintenance of designated apartment complex.
64. Sale by housing authority of apartments to tenants.
65. Management company provisions.
66. Automatic transfer of membership of management company on sale of apartment.
67. Apartment complex service charge.
69. Management company annual charges.
70. Apartment complex support fund.
71. Dispute between housing authority and management company arising under section 70(10).
72. Accounts of management company.
73. Property services agreement.
75. Suspension of reduction of charged share.
76. Control on resale of apartment subject to a charging order.
AFFORDABLE DWELLING PURCHASE ARRANGEMENTS
78. Interpretation (Part 5). (Repealed)
79. Provision of dwellings. (Repealed)
80. Direct sales agreement. (Repealed)
81. Open market dwelling. (Repealed)
82. Application of Part 5. (Repealed)
83. Affordable dwelling purchase arrangements. (Repealed)
84. Assessment of eligibility of household for affordable dwelling purchase arrangement. (Repealed)
85. Scheme of priority for affordable dwelling purchase arrangements. (Repealed)
86. Charging order. (Repealed)
87. Payments by purchaser during charged period. (Repealed)
88. Registration of charging orders and agreements with financial institutions. (Repealed)
89. Repayment on expiration of charged period. (Repealed)
90. Control on resale of dwelling purchased under affordable dwelling purchase arrangement. (Repealed)
91. Recovery of amounts due to housing authority. (Repealed)
92. Valuation of dwelling for certain purposes. (Repealed)
93. Discharge of charging order. (Repealed)
94. Affordable Dwellings Fund. (Repealed)
95. Regulations (Part 5). (Repealed)
96. Transitional arrangements and savings provisions.
PROVISIONS IN RESPECT OF CERTAIN GRANTS
97. Grants in respect of provision of sites under section 57 of Principal Act.
98. Control on resale of certain sites or dwellings thereon.
99. Repayment of adaptation grant.
AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004
100. Amendments to Residential Tenancies Act 2004.
Repeals
Consequential Amendments
Amendments to Housing Act 1966
Amendments to Housing Finance Agency Act 1981
Amendments to Housing Act 1988
Amendments to Housing (Miscellaneous Provisions) Act 1992
Amendments to Housing (Miscellaneous Provisions) Act 1997
Amendments to Housing (Traveller Accommodation) Act 1998
Amendments to Planning and Development Act 2000
Amendment to Civil Registration Act 2004
Amendment to Social Welfare Consolidation Act 2005
Terms and Conditions of Tenancy Agreement
Information to be Included in Property Services Agreement
Acts Referred to
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Arbitration Acts 1954 to 1998 |
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1971,No. 24 |
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2004,No. 3 |
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Companies Acts |
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Conveyancing Acts 1881 to 1911 |
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1976,No. 27 |
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2005, No. 20 |
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Health Acts 1947 to 2008 |
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1981,No. 37 |
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1979,No. 27 |
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1992,No. 18 |
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1997,No. 21 |
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2002,No. 9 |
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1998,No. 33 |
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1966,No. 21 |
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1988,No. 28 |
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Housing Acts 1966 to 2004 |
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Land Law (Ireland) Act 1881 |
1881, c. 49 |
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2001,No. 37 |
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2000,No. 30 |
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1964,No. 16 |
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2004,No. 27 |
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Social Welfare Acts |
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2005,No. 26 |
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State Authorities (Public Private Partnership Arrangements) Act 2002 |
2002, No. 1 |
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1997,No. 39 |
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1930,No. 29 |
Number 22 of 2009
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 January 2023
AN ACT TO MAKE FURTHER PROVISION FOR THE FUNCTIONS OF HOUSING AUTHORITIES; TO PROVIDE FOR THE MAKING OF HOUSING SERVICES PLANS; TO PROVIDE FOR THE CARRYING OUT OF SOCIAL HOUSING ASSESSMENTS FOR THE PURPOSES OF SOCIAL HOUSING SUPPORT AND THE ALLOCATION OF DWELLINGS; TO PROVIDE FOR RENTAL ACCOMMODATION ARRANGEMENTS; TO PROVIDE FOR THE MANAGEMENT AND CONTROL FUNCTIONS OF HOUSING AUTHORITIES; TO PROVIDE FOR THE MAKING OF HOMELESSNESS ACTION PLANS; TO PROVIDE FOR THE MAKING OF AN ANTI-SOCIAL BEHAVIOUR STRATEGY; TO MAKE FURTHER PROVISION FOR TENANT PURCHASE OF DWELLINGS UNDER INCREMENTAL PURCHASE ARRANGEMENTS; TO PROVIDE FOR THE TENANT PURCHASE OF APARTMENTS; TO PROVIDE FOR THE SALE OF CERTAIN DWELLINGS UNDER AFFORDABLE DWELLING PURCHASE ARRANGEMENTS; TO MAKE FURTHER PROVISION RELATING TO STANDARDS FOR RENTED HOUSES AND TO PROVIDE FOR THE GIVING OF IMPROVEMENT NOTICES AND PROHIBITION NOTICES TO LANDLORDS; FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE HOUSING ACTS 1966 TO 2004, TO AMEND THE HOUSING FINANCE AGENCY ACT 1981, THE PLANNING AND DEVELOPMENT ACT 2000, THE CIVIL REGISTRATION ACT 2004, THE RESIDENTIAL TENANCIES ACT 2004 AND THE SOCIAL WELFARE CONSOLIDATION ACT 2005 AND TO PROVIDE FOR RELATED MATTERS.
[15th July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Rights under collectively cited Residential Tenancies Acts not affected under certain circumstances (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 32, S.I. No. 532 of 2018.
Orders not to affect rights under certain enactments or estate or interest
32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any rights under the Statutes of Limitations, the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place during that period.
(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.
C2
Application of collectively cited Housing Acts restricted by Housing (Miscellaneous Provisions) Act 1997 (21/1997), ss. 14(1) and 14A as substituted and inserted (13.04.2014) 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.]
C3
References to “housing authority” construed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1), (2), 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;]
...
C4
References to “county council”, “city council” and “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2), 25(2), 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.
...
Dissolution of town councils — consequential provisions
25.— ...
(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—
(a) has not been repealed or otherwise provided for by this Act, or
(b) is neither spent nor obsolete,
shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.
C5
Functions to be performed by municipal district members or the local authority prescribed by Local Government Act 2001 (37/2001), s. 131A(1), (4) and sch. 14A, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.
Performance of reserved functions in respect of municipal district members
131A. (1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—
(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and
(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—
(i) the municipal district members, or
(ii) the local authority.
...
(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.
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SCHEDULE 14A
Section 131 and 131A
PART 1
Reserved Functions to be Performed, Subject to s. 131A(4), by Municipal District Members
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Reference No. (1) |
Description of reserved function (2) |
Provision under which reserved function is conferred (3) |
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... |
... |
... |
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18 |
The delegation to a designated body of a function (including maintenance) in respect of the management and control of a dwelling or the revocation of any such delegation. |
Section 30 of the Housing (Miscellaneous Provisions) Act 2009.
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... |
... |
... |
PART 2
Reserved Functions that May be Performed under s. 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority
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Reference No. (1) |
Description of reserved function (2) |
Provision under which reserved function is conferred (3) |
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... |
... |
... |
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18 |
The preparation, making, adoption or variation of a housing services plan, or draft plan. |
Section 14 of the Housing (Miscellaneous Provisions) Act 2009.
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... |
... |
... |
PART 3
Reserved Functions to be Performed by the Local Authority
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Reference No. (1) |
Description of reserved function (2) |
Provision under which reserved function is conferred (3) |
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... |
... |
... |
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54 |
The making or amendment of an allocation scheme determining the order of priority to be accorded in the allocation of dwellings. |
Section 22 of the Housing (Miscellaneous Provisions) Act 2009.
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55 |
The making and revocation of a rent scheme providing for the manner in which rents and other charges in respect of dwellings shall be determined. |
Section 31 of the Housing (Miscellaneous Provisions) Act 2009.
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56 |
The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy. |
Section 35 of the Housing (Miscellaneous Provisions) Act 2009. |
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57 |
The adoption or amendment of a Homelessness Action Plan. |
Section 40 of the Housing (Miscellaneous Provisions) Act 2009.
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58 |
The adoption of a proposal to designate an apartment complex for the purpose of making the apartments available for sale to the tenants. |
Section 53 of the Housing (Miscellaneous Provisions) Act 2009.
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59 |
The designation of an apartment complex in accordance with a section 53 proposal. |
Section 55 of the Housing (Miscellaneous Provisions) Act 2009.
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60 |
The extension of the initial selling period for apartments in a designated apartment complex. |
Section 56 of the Housing (Miscellaneous Provisions) Act 2009.
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... |
... |
... |
C6
Application of collectively cited Housing Acts 1966 to 2009 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, 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
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
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General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
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SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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Housing Acts 1966 to 2009 |
C7
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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... No. 22 of 2009 ... |
... Housing (Miscellaneous Provisions) Act 2009 ... |
... Sections 12(1), 26, 79(3), 94(4) and 97(2) ... |