S.I. No. 91/1948:

DEPARTMENT OF LOCAL GOVERNMENT. HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948. THE HOUSING (RECONSTRUCTED HOUSES) REGULATIONS, 1948.

DEPARTMENT OF LOCAL GOVERNMENT. HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948. THE HOUSING (RECONSTRUCTED HOUSES) REGULATIONS, 1948.

The Minister for Local Government in exercise of the powers vested in him by Section 16 of the Housing (Amendment) Act, 1948 , and in exercise of every other power enabling him in this behalf hereby makes the following regulations, that is to say :--

1. These Regulations may be cited as the Housing (Reconstructed Houses) Regulations, 1948.

2. In these regulations--

the expression " the Minister " means the Minister for Local Government ;

the expression " the Acts " means the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1948 ;

the expression " the act of 1948 " means the Housing (Amendment) Act, 1948 ;

the expression " appointed officer " means an officer appointed by the Minister for the purposes of the Housing (Financial and Miscellaneous Provisions) Act, 1932 .

3. These Regulations shall apply only to houses in respect of the reconstruction of which a grant is sought by a person from the Minister under Section 16 of the Act of 1948.

4. The procedure set out in Schedule I to these Regulations shall be complied with before and during the reconstruction of each house by the person proposing to reconstruct or reconstructing the same and by the appointed officer.

5. The forms set out in Schedule II to these Regulations or forms to the like effect varied as circumstances may require shall be prescribed forms and shall be used for the purposes for which they are respectively expressed to be applicable in relation to the reconstruction by a person of a house to which these Regulations apply.

6. The date when the reconstruction of a house to which these Regulations apply is begun shall be deemed to be the date when the actual building work is begun, notwithstanding any demolition, clearance, cartage of materials or other preliminary work carried out prior to that date.

7. Where a certificate of an appointed officer required by these Regulations that any of the provisions of the Acts or of these Regulations have been complied with has been issued in relation to a house to which these Regulations apply, no grant shall be payable until the Minister is satisfied as to the accuracy of such certificate.

8.--(1) The floor area of a house to which these Regulations apply shall be the sum of the areas of every floor.

(2) The area of any floor shall be measured within the external or containing walls of the house and shall include any portion of such floor which is occupied by staircases, landings, interior walls, chimney breasts, bay-windows and similar spaces or structures.

9. Where a house to which these Regulations apply is to contain or be connected with a shop, office, business premises, garage or stable--

(a) the appointed officer shall not grant a certificate of approval in respect thereof unless such shop, office, business premises, garage or stable has a distinct and separate entrance;

(b) such shop, office, business premises, garage or stable shall be deemed not to be part of such house for the purposes of the Acts and of these Regulations.

10.--(1) The Minister shall not make a grant in respect of the reconstruction of a house unless such house is certified by the appointed officer or on appeal by the Minister to be suitable for reconstruction.

(2) The Minister may pay an instalment of a grant when at least one-half (measured in value) of the work of reconstruction has been certified by the appointed officer or on appeal by the Minister to have been carried out in a proper and workmanlike manner.

(3) The final payment of the grant shall not be made until the reconstruction shall have been certified by the appointed officer or on appeal by the Minister to have been completed in a proper and workmanlike manner.

(4) Any person aggrieved by the neglect or refusal of the appointed officer to give a certificate required by any of the foregoing paragraphs of this Regulation may appeal to the Minister and on such appeal the Minister may, as he shall think proper, give or refuse such certificate and the decision of the Minister on such appeal shall be final.

11. Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the work of reconstruction of a house to which these Regulations apply.

12.--(1) Any doubt, dispute or question which may arise as to the interpretation of these Regulations and as to the making or the amount of a grant in respect of any house to which these Regulations apply shall be determined by the Minister and such determination shall be final.

(2) For the purpose of determining whether a grant may be made or the amount of a grant in respect of any house to which these Regulations apply, the Minister may require satisfactory evidence (and in particular may require a statutory declaration under the Statutory Declarations Act, 1938 ) that the provisions of the Acts and the Regulations made thereunder have been complied with.

GIVEN under the Official Seal of the Minister for Local Government this thirty-first day of March, in the Year One Thousand Nine Hundred and Forty-eight.

(Signed) T. J. MURPHY.

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this thirty-first day of March, One Thousand Nine Hundred and Forty-eight.

(Signed) J. J. McELLIGOTT,

Secretary, Department of Finance.

SCHEDULE I.

PROCEDURE WHICH MUST BE FOLLOWED IN REGARD TO RECONSTRUCTED HOUSES.

1. A person proposing to reconstruct a house in his occupation shall submit to the Minister the following documents:--

(a) a description of the work proposed to be carried out with a sketch plan of any structural alterations or additions proposed ;

(b) a specification showing how the proposed reconstruction is to be carried out ;

(c) a detailed statement of the estimated cost of such reconstruction ;

(d) where the person proposing to reconstruct a house in his occupation is a person who derives his livelihood solely or mainly from the pursuit of agriculture and who is in occupation of agricultural land and buildings, the rateable value of which does not exceed the limit specified in the Act of 1948,

(i) a declaration made by that person before a peace commissioner setting out full particulars of the land and buildings occupied by him, the rateable value thereof as shown in the valuation lists under the Valuation Acts and the income of the declarant from all other sources; and

(ii) a certificate from the local authority, or local authorities, concerned as to the rateable value of the land and buildings in question;

(e) where the person proposing to reconstruct a house in his occupation is an agricultural labourer, a declaration made by that person before a peace commissioner that the declarant works for hire (other than as a domestic or menial servant) or, if not working for hire, works in a rural district at some trade or handicraft without employing any persons except members of his own family.

2. On receipt of such documents, the Minister shall cause them to be examined and the house to be inspected by an appointed officer who shall, if he is satisfied, prepare in triplicate and deliver to the Minister a certificate in Form I under his hand certifying that the house is suitable for reconstruction and approving of the proposed reconstruction and such certificate shall set out the amount of grant which the Minister may determine to be appropriate to the reconstructed house or houses covered thereby. One copy of the certificate shall be issued to the person concerned, the second copy of the certificate shall be retained by the Minister, and the third copy shall be issued to the local authority in whose area the house is situate.

3. The person to whom a certificate of approval is issued shall notify the Minister immediately when the reconstruction of the house referred to in the certificate is begun.

4. Application for an instalment of grant may be made in Form 2 to the Minister by the person concerned when at least one-half (measured in value) of the work of reconstruction has been done, and such application shall be accompanied by the appointed officer's certificate of approval in Form 1.

5. On receipt of such application, the Minister shall cause the works to be inspected by an appointed officer who, if satisfied

(a) that the work has reached a stage at which payment of an instalment of the grant is fully warranted, and

(b) that the work then completed has been carried out in a proper and workmanlike manner with materials of sound quality and in accordance with the approved plans and specifications,

shall prepare and deliver to the Minister a certificate of partial completion in Form 3 on receipt of which the Minister, if satisfied that the requirements of the Acts and these Regulations have been complied with, may pay such instalment as he thinks fit and shall notify the local authority concerned accordingly.

6. When the reconstruction of a house has been completed, the person concerned shall apply to the Minister in Form 4 for the grant payable, and unless it has previously been furnished, the appointed officer's certificate of approval in Form 1 shall accompany such application.

7. On receipt of such application, the Minister shall cause the works to be inspected by an appointed officer who shall, if satisfied, prepare in Form 5 and deliver to the Minister a certificate that the work has been completed in a proper and workmanlike manner.

8. If and when the Minister is satisfied that the requirements of the Acts and of these Regulations have been complied with in respect of any reconstructed house, he may pay a grant or where an instalment has already been paid, the balance of a grant under the Act of 1948 in respect of such house, and shall in every case pay the amount thereof to the person entitled thereto and notify the local authority concerned that such grant has been made.

SCHEDULE II.

FORMS.

Form I. Certificate of appointed officer of suitability and approval of reconstruction.

Form II. Application to Minister for instalment of grant.

Form III. Certificate of appointed officer as to partial completion of works

Form IV. Application to Minister for (balance of) grant.

Form V. Certificate of appointed officer of completion.

FORM I.

(HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

Grants to persons reconstructing houses.

Serial No. of Certificate....................

Certificate of suitability for reconstruction of a house under the Acts and of approval to such reconstruction.

Name of Applicant........................................

Address...........................................

This is to certify:

That I............................................................ .......being an appointed officer for the purpose, have approved of the plans, specification and method of reconstruction proposed, in respect of the house described below.

That the house is suitable for reconstruction.

That the house is in the occupation of the applicant named above.

That subject to the conditions set out on the back of this certificate the person named above appears to be eligible for the grant which the Minister for Local Government may make under the Acts.

SCHEDULE.

Given under my hand this...............day of....................................194...

Signed............................................................ ...........

Appointed Officer

CONDITIONS.

(a) The reconstruction must be begun on or after the 1st day of November, 1947.

(b) The reconstructed house must be completed in accordance with the approved plans and specifications on or before the first day of April, 1950.

(c) The reconstructed house when completed must be certified by an appointed officer (or on appeal by the Minister) to have been completed in a proper and workmanlike manner.

(d) The reconstructed house shall not be a building where, in respect of damage to the building before reconstruction, compensation has been paid on foot of either a Decree or Report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or payment has been made on foot of an Award made by the Compensation (Ireland) Commission, or a house in respect of which a grant was made under the Housing (Gaeltacht) Acts, 1929 and 1934, or a house in respect of which a grant was made by the Minister under the Housing Building Facilities Acts, 1924, or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or a house in respect of which a grant was made under the Housing (Financial and Miscellaneous Provisions) Act, 1932 , as amended by any subsequent enactment.

(e) The reconstructed house must comply with all the requirements of the Acts and the Housing (Reconstructed Houses) Regulations, 1948.

(f) The house to which this certificate refers shall be open to inspection by the appointed officer or any other authorised officer of the Minister at any time before the final instalment of the grant is paid.

(g) Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the reconstruction of the house.

(h) The house must be in the occupation of the applicant who must continue in occupation when the work of reconstruction is completed.

FORM II.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948

Application for Instalment of Grant in respect of Reconstruction of House.

Serial No. of Appointed Officer's Certificate in Form I......................

Note--The Serial Number of the appointed officer's certificate of approval should be accurately set out above.

To the Minister for Local Government:

I, being the person to whom the above-mentioned certificate was granted on the............day of....................................194..., hereby apply for an instalment of the grant claimed by me under the Acts in respect of the reconstruction of the house referred to in that certificate, at least one-half (measured in value) of the work having been done.

The house which is being reconstructed is not a building where in respect of damage to the building before reconstruction compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or payment has been made on foot of an award made by the Compensation (Ireland) Commission or in respect of which a grant has been paid under any Housing Act.

The house is in my own occupation.

In consideration of the payment of the instalment now claimed, I undertake to complete the work in accordance with the provisions of the Acts and the Housing (Reconstructed Houses) Regulations, 1948, and to continue in occupation of the house when the work of reconstruction has been completed.

The work was begun on....................................

Signature............................................................ 

Address....................................

....................................

Date....................................

FORM III.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

Certificate of Partial Completion of Reconstruction of House.

Serial No. of Appointed Officer's Certificate in Form I............

To the Minister for Local Government:

This is to certify that the house set out in the Schedule below and comprised in certificate of approval (Form I) numbered.............which was granted by.............................................on the............day of..............................194..., to.............................................of.............................................was inspected by me on the............day of...............................194....

That at least one-half (measured in value) of the work was then completed in a proper and workmanlike manner and in compliance with the requirements of the Acts and the Housing (Reconstructed Houses) Regulations, 1948.

SCHEDULE.

Given under my hand this........day of........................194...

Signed...............................................

Appointed Officer.

FORM IV.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

Application for (Balance of) Grant in respect of Reconstruction of House.

Serial No. of Appointed Officer's Certificate in Form I..........

NOTE--The Serial Number of the appointed officer's certificate of approval should be accurately set out above.

To the Minister for Local Government:

I, being the person to whom the above-mentioned certificate was granted by.............................on the......day of......................194.., hereby apply for the (balance of) grant amounting to £...........claimed by me under the Acts in respect of the reconstruction of the house referred to in that certificate.

The work was begun on....................... and has now been completed in accordance with the provisions of the Acts and the Housing (Reconstructed Houses) Regulations, 1948, and I am in occupation of the house.

I have already received an instalment amounting to £..........in respect of the house referred to.

The house which has been reconstructed is not a building where in respect of damage to the building before reconstruction compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or payment has been made on foot of an award made by the Compensation (Ireland) Commission or in respect of which a grant has been paid under any Housing Act other than the instalment of £..........already paid.

Materials and appliances manufactured or produced in Ireland to the value of £..........have been used in the reconstruction of the house.

Signature........................................

Address.................................

.................................

Date.........................................

FORM V.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

Certificate of Completion in a Proper and Workmanlike Manner of Reconstruction of House.

Serial Number of Appointed Officer's Certificate in Form I........

To the Minister for Local Government :

This is to certify :

That the house set out in the Schedule below and comprised in certificate of approval (Form I) numbered ........which was granted by..................on the ........day of........................194.., to ....................of....................was inspected by me on the........day of............194...

That the reconstruction of the house has been completed in a proper and workmanlike manner and in compliance with the requirements of the Acts and the Housing (Reconstructed Houses) Regulations, 1948.

That the house is occupied by the person who carried out the work of reconstruction.

SCHEDULE.

Given under my hand this........day of........................194...

Signed........................................

Appointed Officer.