Affordable Housing Act 2021
Number 25 of 2021
AFFORDABLE HOUSING ACT 2021
Revised
Updated to 16 May 2024
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 Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, 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 16 May 2024
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 16 May 2024
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:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 25 of 2021 |
Affordable Housing Act 2021 |
The whole Act. |
|
... |
... |
... |