Affordable Housing Act 2021


Number 25 of 2021


AFFORDABLE HOUSING ACT 2021

Revised

Updated to 28 July 2022


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 Electoral Reform Act 2022 (30/2021), enacted 25 July 2022, and all statutory instruments up to and including the Affordable Housing Act 2021 (Commencement of Section 6(2)(c)) Order 2022 (S.I. No. 408 of 2022), made 27 July 2022, 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 28 July 2022


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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 Act 2021 (Commencement of Section 6(2)(c)) Order 2022 (S.I. No. 408 of 2022), made 27 July 2022, were considered in the preparation of this revision.


Number 25 of 2021


AFFORDABLE HOUSING ACT 2021

REVISED

Updated to 28 July 2022


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Regulations

PART 2

Affordable Dwelling Purchase Arrangements

4. Interpretation (Part 2)

5. Application of Part 2

6. Provision of dwellings by housing authorities

7. Direct sales agreement

8. Open market dwelling

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

13. Registration of affordable dwelling purchase arrangements and agreements with financial institutions

14. Valuation of affordable dwelling for certain purposes

15. Redemption and realisation of affordable dwelling equity

16. Redemption payments

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

23. Regulations (Part 2)

24. Amendments to Housing Finance Agency Act 1981

25. Amendments to Housing (Miscellaneous Provisions) Act 1997

26. Amendments to Act of 2009

27. Amendments to Housing (Miscellaneous Provisions) Act 2014

PART 3

Cost Rental Dwellings

28. Interpretation (Part 3)

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

PART 4

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

PART 5

Arrangements between housing authority and the Agency in relation to eligibility and priority for certain dwellings

42. Arrangements between housing authority and the Agency

PART 6

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

PART 7

Miscellaneous

48. Agreements with financial institutions in respect of affordable housing under Act of 2000 or Act of 2002

PART 8

Repeals

49. Repeals



Number 25 of 2021


AFFORDABLE HOUSING ACT 2021

REVISED

Updated to 28 July 2022


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: