45.— (1) Subject to and in accordance with this Part and the Housing Acts 1966 to 2009 and subject to such regulations as may be made under section 49, a housing authority or an approved body may enter into an arrangement (in this Part referred to as an “ incremental pur chase arrangement ”) with an eligible household whereby, in consideration of the receipt by the housing authority of the purchase money, the housing authority may sell a dwelling to which this Part applies, in the state of repair and condition existing on the date of sale, to the eligible household, by means of an order (in this Part referred to as a “ transfer order ”), in the prescribed form, which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified in the order, in accordance with the terms and conditions specified in subsection (2) and the terms and conditions of a charging order.

(2) The terms and conditions referred to in subsection (1) shall include the following:

(a) that where the purchaser sells the dwelling to a person other than a housing authority or approved body during the charged period, the purchaser shall pay to the authority or approved body, as appropriate, an amount calculated in accordance with section 48 (5) or (6);

(b) that the dwelling shall, during the charged period, unless the housing authority or approved body, as appropriate, gives its prior written consent, be occupied as the normal place of residence of the purchaser or of a member of the purchaser’s household;

(c) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority or approved body, as the case may be, be sold, assigned, let or sublet or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of law;

(d) F50[…]

(e) terms and conditions relating to—

(i) maintenance of the dwelling by the purchaser, and

(ii) the provision and maintenance of adequate property insurance by the purchaser in respect of the dwelling;

(f) such other terms and conditions relating to the sale of the dwelling as may be prescribed for the purposes of a transfer order.

(3) Save as provided for by any other enactment or regulations made thereunder, the sale of a dwelling to which this Part applies under an incremental purchase arrangement shall not imply any warranty on the part of the housing authority or approved body concerned in relation to the state of repair or condition of the dwelling or its fitness for human habitation.

(4) An approved body may, with the consent of the housing authority and subject to such regulations as may be made under section 49, reserve a number of dwellings for sale under this Part, being dwellings provided with the assistance of a housing authority under section 6 of the Act of 1992.

(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.