Affordable Housing Act 2021
Number 25 of 2021
AFFORDABLE HOUSING ACT 2021
Revised
Updated to 27 January 2023
This Revised Act is an administrative consolidation of the Affordable Housing Act 2021. 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 National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, and all statutory instruments up to and including the Affordable Housing (No. 2) Regulations 2023 (S.I. No. 21 of 2023), made 27 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 25 of 2021
AFFORDABLE HOUSING ACT 2021
Revised
Updated to 27 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022)
• Land Development Agency Act 2021 (26/2021)
All Acts up to and including National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Affordable Housing (No. 2) Regulations 2023 (S.I. No. 21 of 2023)
• Affordable Housing Regulations 2023 (S.I. No. 20 of 2023)
• Affordable Housing Act 2021 (Commencement of Section 6(2)(c)) Order 2022 (S.I. No. 408 of 2022)
• Affordable Housing (No. 2) Regulations 2022 (S.I. No. 184 of 2022)
• Affordable Housing Regulations 2022 (S.I. No. 183 of 2022)
• Affordable Housing Act 2021 (Cost Rental Rent Setting) Regulations 2021 (S.I. No. 756 of 2021)
• Affordable Housing Act 2021 (Cost Rental Letting and Eligibility) Regulations 2021 (S.I. No. 755 of 2021)
• Affordable Housing Act 2021 (Commencement of Certain Provisions) Order 2021 (S.I. No. 450 of 2021)
• Affordable Housing Act 2021 (Cost Rental Designation) Regulations 2021 (S.I. No. 425 of 2021)
• Affordable Housing Act 2021 (Commencement) (Parts 1 and 3) Order 2021 (S.I. No. 424 of 2021)
All statutory instruments up to and including Affordable Housing (No. 2) Regulations 2023 (S.I. No. 21 of 2023), made 27 January 2023, were considered in the preparation of this revision.
Number 25 of 2021
AFFORDABLE HOUSING ACT 2021
REVISED
Updated to 27 January 2023
CONTENTS
Preliminary and General
Section
1. Short title, collective citation and commencement
Affordable Dwelling Purchase Arrangements
6. Provision of dwellings by housing authorities
9. Notification of and applications for affordable dwelling purchase arrangements
10. Assessment of eligibility for affordable dwelling purchase arrangement
11. Scheme of priority for affordable dwelling purchase arrangements
12. Affordable dwelling purchase arrangements
14. Valuation of affordable dwelling for certain purposes
15. Redemption and realisation of affordable dwelling equity
17. Sale of affordable dwelling prior to redemption of affordable dwelling equity
18. Realisation event and realisation notice
19. Realisation of affordable dwelling equity by housing authority
20. Accounting for certain moneys received by housing authority
21. Discharge for money payable under policy of insurance
22. Relationship with other enactments
24. Amendments to Housing Finance Agency Act 1981
25. Amendments to Housing (Miscellaneous Provisions) Act 1997
27. Amendments to Housing (Miscellaneous Provisions) Act 2014
Cost Rental Dwellings
29. Application for designation as cost rental dwelling
30. Designation as cost rental dwelling
31. Lettings of cost rental dwelling
32. Application of Act of 2004
33. Setting and review of rent in cost rental tenancy
34. Housing assistance payment
35. Cost rental tenancy not social housing support
36. Obligation of owner to provide information to Minister regarding cost rental dwelling
37. Extension of minimum period
38. Termination of cost rental period
39. Cost rental tenancies subsisting on termination of cost rental period
40. Loans to approved housing bodies in support of cost rental dwellings
Provision of funding to purchase equity share in dwellings
41. Minister may provide funding to undertaking to enable purchase of dwellings
41A. Provision supplemental to section 41 of Act of 2021
Arrangements between housing authority and the Agency in relation to eligibility and priority for certain dwellings
42. Arrangements between housing authority and the Agency
Amendments to Part V of Act of 2000
43. Amendment of section 93(1) of Act of 2000
44. Amendment of section 94 of Act of 2000
45. Amendment of section 95 of Act of 2000
46. Amendment of section 96 of Act of 2000
47. Amendment of section 97 of Act of 2000
Miscellaneous
Repeals
Acts Referred to
Central Bank Act 1971 (No. 24)
Civil Liability Act 1961 (No. 41)
Equal Status Act 2000 (No. 8)
Family Home Protection Act 1976 (No. 27)
Housing (Miscellaneous Provisions) Act 1992 (No. 18)
Housing (Miscellaneous Provisions) Act 1997 (No. 21)
Housing (Miscellaneous Provisions) Act 2002 (No. 9)
Housing (Miscellaneous Provisions) Act 2009 (No. 22)
Housing (Miscellaneous Provisions) Act 2014 (No. 21)
Housing Acts 1966 to 2019
Housing Finance Agency Act 1981 (No. 37)
Land and Conveyancing Law Reform Act 2009 (No. 27)
Local Government Act 2001 (No. 37)
Planning and Development Act 2000 (No. 30)
Registration of Title Act 1964 (No. 16)
Residential Tenancies (Amendment) Act 2015 (No. 42)
Residential Tenancies Act 2004 (No. 27)
State Authorities (Public Private Partnership Arrangements) Act 2002 (No. 1)
Statute of Limitations 1957 (No. 6)
Number 25 of 2021
AFFORDABLE HOUSING ACT 2021
REVISED
Updated to 27 January 2023
An Act to—
An Act to provide for the provision of dwellings for the purpose of sale under affordable dwelling purchase arrangements; to provide for the provision by housing authorities of financial assistance to purchase dwellings under affordable dwelling purchase arrangements; to provide for dwellings to be made available on a cost rental basis; to provide for funding to be made available for the purchase of dwellings in accordance with a scheme of shared equity; to enable housing authorities to notify the public and assess eligibility and priority in relation to dwellings provided by the Agency; to amend the Housing Finance Agency Act 1981, the Housing (Miscellaneous Provisions) Act 1997, the Planning and Development Act 2000, the Housing (Miscellaneous Provisions) Act 2009 and the Housing (Miscellaneous Provisions) Act 2014; and to provide for related matters.
[21st July, 2021]
Be it enacted by the Oireachtas as follows: