Affordable Housing Act 2021

11.

Scheme of priority for affordable dwelling purchase arrangements

11. (1) A housing authority shall, before notifying the public for the first time that it intends to facilitate the purchase of affordable dwellings under affordable dwelling purchase arrangements, make a scheme (in this Part referred to as a “scheme of priority”) in accordance with regulations made under subsection (2) determining the order of priority to be accorded to eligible applicants in relation to—

(a) the sale of affordable dwellings referred to in paragraphs (a) and (b) of section 5 where the demand for such dwellings exceeds the number of such dwellings available for the purposes of this Part, and

(b) the provision of financial assistance under section 8 to eligible applicants to purchase open market dwellings where the demand for such financial assistance exceeds the financial resources available to the housing authority to provide such assistance.

(2) The Minister may make regulations providing for the matters to be included in a scheme of priority, including but not limited to the following:

(a) priority to be given to eligible applicants, or a class of eligible applicants, in relation to a particular dwelling, or class of dwelling, having regard to the size or composition of the eligible applicant’s household;

(b) priority to be given to eligible applicants who do not own, or who are not beneficially entitled to an estate or interest in, a dwelling referred to in section 10 (6);

(c) priority to be given to eligible applicants in relation to a dwelling based on the applicant (or where the applicant is 2 or more persons, any of such persons) being resident or having been resident in the administrative area of the housing authority or being or having been so resident for a particular length of time;

(d) priority to be given to eligible applicants based upon the date or time at which the applicant made an application under section 9.

(3) A housing authority may, from time to time, review a scheme of priority and, as it considers necessary and appropriate, amend the scheme or make a new scheme.

(4) The making of a scheme of priority or the amendment of such a scheme are reserved functions.

(5) The sale of affordable dwellings to eligible applicants under this Part and, in the case of open market dwellings, the provision of financial assistance under section 8 to eligible applicants are executive functions.

(6) A housing authority shall make a copy of its scheme of priority available for inspection by members of the public, without charge, on the Internet and at its offices and such other places, as it considers appropriate, during normal working hours.

(7) Before making or amending a scheme of priority, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may, as he or she considers necessary and appropriate, direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.

(8) The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend a scheme of priority, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.

(9) A scheme of priority made by a housing authority before the coming into operation of this section shall cease to have effect from the date of such coming into operation.

Annotations:

Editorial Notes:

E10

Power pursuant to section exercised (13.04.2022) by Affordable Housing (No. 2) Regulations 2022 (S.I. No. 184 of 2022).