S.I. No. 177/1982:

HOUSING REGULATIONS, 1980 (AMENDMENT) REGULATIONS, 1982.

HOUSING REGULATIONS, 1980 (AMENDMENT) REGULATIONS, 1982.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 and 39 of the Housing Act, 1966 (No. 21 of 1966) and by sections 4 , 6 , 8 and 18 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), with the consent of the Minister for Finance, hereby makes the following Regulations:

1. These Regulations may be cited as the Housing Regulations, 1980 (Amendment) Regulations, 1982.

2. In these Regulations--

"the Regulations of 1980" means the Housing Regulations, 1980 ( S.I. No. 296 of 1980 ).

3. Article 9 of the Regulations of 1980 is hereby amended by the insertion of the words "or financial assistance under section 18 of the Redundancy Payments Act, 1971 (No. 20 of 1971)" after the words "section 11 of the Act of 1979".

4. Article 22 of the Regulations of 1980 is hereby amended by the substitution of the following sub-article for sub-article (4)--

"(4) Where a grant is paid in accordance with sub-article (1), the Minister may make to the housing authority a contribution which shall not exceed half of the amount of the grant and which shall not exceed--

( a ) £400, in the case of works commenced before the 1st day of November, 1977, or

( b ) £1,200, in the case of works commenced on or after the 1st day of November, 1977, and before the 10th day of April, 1981, or

( c ) £2,000, in the case of works commenced on or after the 10th day of April, 1981.".

5. The Regulations of 1980 are hereby amended by the substitution of the following article for article 31--

"31. (1) in the case of a loan for the construction of a house the foundations of which were completed during a period specified in column (2) of the Table to this article at any reference number in column (1) of such Table, or in the case of a loan for the acquisition of a house the contract for the acquisition of which was made during that period, the amount of the loan shall not exceed 95% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of such construction or acquisition) and shall not exceed--

( a ) the amount specified in column (3) of such Table at that reference number, where such house is located on an island specified in the Second Schedule,

or

( b ) the amount specified in column (4) of such Table at that reference number in any other case.

(2) For the purposes of this article, the expressions "construction of a house" and "acquisition of a house" shall be deemed to include the provision of a site.

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6. The Regulations of 1980 are hereby amended by the insertion of the following article after article 31--

"31A. (1) A loan shall not be made to a borrower or to the spouse of such person where the borrower or the spouse of such person, either separately or with each other, has previously purchased or built for his or their own occupation another house in the State, unless the application from such borrower for the loan was received by the housing authority before the 15th day of May, 1981.

(2) The provisions of sub-article (1) shall not apply in the case of a borrower who has satisfied the housing authority making the loan that he is in need of rehousing by reason of the fact that his existing house is unfit for human habitation.

(3) ( a ) For the purpose of establishing if a loan may be made to a borrower in accordance with sub-article (1), save for the provisions of paragraph (b) such person shall furnish to the housing authority making the loan a certificate from an inspector of taxes that the person and his spouse, if any, had not previously claimed income tax relief in respect of interest paid under a mortgage or other charge relating to the purchase or erection of a house.

( b ) Where the person satisfies the housing authority that it is not reasonably practicable to obtain such a certificate, there may be furnished in lieu thereof such other evidence as will satisfy the housing authority that the loan may be made.".

7. The Regulations of 1980 are hereby amended by the substitution of the following article for article 32--

"32. (1) In the case of a loan for the construction of a house the foundations of which were completed on or after the 1st day of February, 1980 or in the case of a loan for the acquisition of a house the contract for the acquisition of which was made during that period, a loan shall not be made in accordance with article 31 unless--

( a ) where the borrower derives his income solely or mainly from the pursuit of agriculture, the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by him does not exceed £44,

( b ) where the borrower derives his income solely or mainly from the pursuit of agriculture on land occupied by a parent of the borrower, the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by such parent does not exceed £66.

(2) A loan shall not be made in accordance with article 31 in any other case unless in the case of a loan for the construction of a house the foundations of which were completed during a period specified in column (2) of the Table to this article at any reference number in column (1) of such Table, or in the case of a loan for the acquisition of a house the contract for the acquisition of which was made during that period, the total, determined by the housing authority, of the income of the borrower in the income tax year immediately preceding the date of his application for the loan did not exceed the amount specified in column (3) of such Table at that reference number.

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8. The Regulations of 1980 are hereby amended by the substitution of the following article for article 33--

"33. (1) Notwithstanding the provisions of article 31, the amount of a loan may exceed the amounts specified in that article where the house is for occupation by--

( a ) a tenant of a house provided by a housing authority who has resided in that house for a period of not less than six months and who has satisfied the authority making the loan that, on the making of the loan, he will surrender his tenancy in that house to the housing authority which provided it,

( b ) a person or the successor in title of a person who was the tenant of a house provided by a housing authority and who purchased that house from the authority where such person or successor in title has satisfied the housing authority making the loan that, on the making of the loan, he will convey his interest in that house to the housing authority which provided it, or

( c ) a person--

(i) who, not later than one year prior to the application for the loan, had applied to a housing authority for tenancy of a house provided by them, and

(ii) whose family at the time of the application for a tenancy comprised that person and at least two other persons or one child, and

(iii) who had satisfied that authority that he was in need of rehousing by reason of the dangerous, structurally unfit or over-crowded conditions of his existing house and that because his financial circumstances were such that he could not reasonably be expected to secure adequate housing accommodation from his own resources, and

(iv) whose family is in need of rehousing.

(2) In the case of a loan for the construction of a house the foundations of which were completed during a period specified in column (2) of the Table to this article at any reference number in column (1) of such Table, or in the case of a loan for the acquisition of a house the contract for the acquisition of which was made during that period, the amount of the loan made in accordance with this article shall not exceed 98% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of such construction or acquisition) and shall not exceed--

( a ) the amount specified in column (3) of such Table at that reference number, where such house is located on an island specified in the Second Schedule, or

( b ) the amount specified in column (4) of such Table at that reference number in any other case.

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(3) A loan shall not be made in accordance with this article in respect of the acquisition by a tenant of a house let by a housing authority.

(4) The provisions of articles 31A and 32 shall not apply to a loan made in accordance with this article.

(5) For the purposes of this article, the expressions "construction of a house" and "acquisition of a house" shall be deemed to include the provision of a site.".

9. Article 41 of the Regulations of 1980 is hereby amended by the deletion of the words "after one months notice in writing, and "after the word "may".

10. The Regulations of 1980 are hereby amended by the substitution of the following article for article 53--

"53. (1) Where the works commenced on or after the 1st day of February, 1980, a loan shall not be made unless--

( a ) where the borrower derives his income solely or mainly from the pursuit of agriculture, the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by him does not exceed £44,

( b ) where the borrower derives his income solely or mainly from the pursuit of agriculture on land occupied by a parent of the borrower, the rateable valuation, or the aggregate of the rateable valuations of the land, (if any) and buildings occupied by such parent does not exceed £66.

(2) A loan shall not be made in any other case unless in case the works commenced during a period specified in column (2) of the Table to this article at any reference number in column (1) of such Table the total, determined by the housing authority, of the income of the borrower in the income tax year immediately preceding the date of his application for the loan did not exceed the amount specified in column (3) of such Table at that reference number.

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11. Article 58 of the Regulations of 1980 is hereby amended by the deletion of the words "after one months notice in writing, and " after the word "may".

12. The following article shall be substituted for article 82 of the Regulations of 1980 as amended by article 6 of the Housing Regulations, 1980 (Amendment) Regulations, 1981 ( S.I. No. 29 of 1981 ):--

"82. The fee accompanying an application for a certificate or a certificate of exemption received on or after the 1st day of July, 1982 shall be as follows--

( a ) in case the application for a certificate relates to one house only, £30,

( b ) in case the application for a certificate relates to more than one house, £30 plus £9 in respect of each house exceeding one, or

( c ) in case the application relates to a certificate of exemption, £5.".

GIVEN under the Official Seal of the Minister for the Environment

this 16th day of June, 1982.

RAPHAEL P. BURKE,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing

Regulations. Dated this 16th day of June, 1982.

RAY MacSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations make a number of amendments to the Housing Regulations, 1980. The principal amendments provide for increases in amounts of loans advanced by housing authorities and in income limits governing such loans. Provision has also been made for increases in amounts of grants for the accommodation of the handicapped and mentally ill. The other amendments include provision for increases in the fee accompanying an application for a Certificate of Reasonable Value or a Certificate of Exemption for the purposes of section 18 of the Housing (Miscellaneous Provisions) Act, 1979 .