S.I. No. 261/1988:

HOUSING (IMPROVEMENT GRANTS) REGULATIONS, 1988.

HOUSING (IMPROVEMENT GRANTS) REGULATIONS, 1988.

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

PART I

1. These Regulations may be cited as the Housing (Improvement Grants) Regulations, 1988.

2. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations--

"the Act of 1979" means the Housing (Miscellaneous Provisions) Act, 1979 ;

"the Act of 1988" means the Housing Act, 1988 (No. 28 of 1988);

"appropriate inspection", in relation to improvement works, means an inspection on foot of an application for a grant under Part II or under the Regulations of 1983, carried out on or before the 27th day of March, 1987 by--

(a) an officer appointed for the purpose by the Minister, or

(b) in Gaeltacht areas as defined in the Housing (Gaeltacht) Acts, 1929 to 1979, an officer appointed by the Minister for the Gaeltacht, or

(c) in the case of the category of works at Reference Number 2 of the Table, an officer of a sanitary authority;

"approved cost", in relation to improvement works, means the cost estimated by the Minister to be the reasonable cost of carrying out the works or the actual cost of carrying them out, whichever is the lesser;

"house" and "improvement works" both have the meanings given to them in the Act of 1979;

"the Minister" means the Minister for the Environment;

"person" includes a housing authority carrying out improvement works to a house which has been provided by the authority for letting and has not been purchased from them;

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

"the Regulations of 1982" means the Housing Regulations, 1980 (Amendment) Regulations, 1982 ( S.I. No. 177 of 1982 );

"the Regulations of 1983" means the Housing (Improvement Grants) Regulations, 1983 ( S.I. No. 330 of 1983 );

"the Table" means the Table of Improvement Grants in the First Schedule;

"tax number" means, in relation to a person, a Revenue Social Insurance Number, Value Added Tax Number or Corporation Tax Number assigned to that person by the Revenue Commissioners pursuant to the provisions of the Income Tax Act, 1967 (No. 6 of 1967), the Value-Added Tax Act, 1972 (No. 22 of 1972), or the Finance Acts, 1967 to 1988.

PART II

3. This Part shall apply to grants by the Minister under section 5 of the Act of 1979 to persons carrying out to houses the categories of improvement works referred to in column (2) of the Table, where such works are commenced on or after--

(a) the 18th day of November, 1985, in the case of the category of works at Reference Number 7 of the Table, and

(b) the 1st day of December, 1985, in the case of the other categories of works referred to in column (2) of the Table.

4. (1) A grant under this Part in respect of any category of improvement works shall not exceed whichever of the following is the lesser--

(a) two-thirds of the approved cost of the works, or

(b) in the case of an application received by the Minister--

(i) or or before the 20th day of January, 1987, the amount, as appropriate, specified in column (3) of the Table in the case of a house on an island specified in the Second Schedule, or in column (4) of the Table in any other case, or

(ii) after the 20th day of January, 1987, 75 per cent of the amounts so specified in the said columns (3) or (4), as appropriate.

(2) In the case of the category of works at Reference Number 6 of the Table--

(a) the amount of the grant related to the repair of any chimney shall not exceed £500;

(b) the amount in the approved cost related to electrical wiring shall not exceed £500 or 25 per cent of the approved cost of other works within the categories of works at Reference Numbers 6 and 7 of the said Table, whichever is the lesser.

(3) In any case involving both the categories of works at Reference Numbers 6 and 7 of the Table--

(a) the aggregate amount of the grants shall not exceed--

(i) in the case of an application received by the Minister on or before the 20th day of January, 1987, £2,760 in the case of a house on an island specified in the Second Schedule, or £2,000 in any other case;

(ii) in the case of an application received by the Minister after the 20th day of January, 1987, £2,070 in the case of a house on an island specified in the Second Schedule, or £1,500 in any other case.

( b ) the amount of the grant related to the replacement of defective windows and external doors shall not exceed £960 in the case of a house on an island specified in the Second Schedule, or £800 in any other case.

(4) In the case of the category of works at Reference Number 8 of the Table--

( a ) the amount in the approved cost related to the replacement of defective windows and external doors shall not exceed 25 per cent of the approved cost of the other works within this category, excluding electrical wiring;

( b ) the amount in the approved cost relating to electrical wiring shall not exceed £500 or 10 per cent of the approved cost of the other works within this category, whichever is the lesser;

( c ) the amount of the grant related to the repair of any chimney shall not exceed £500.

5. A grant shall not be paid under this Part in respect of the category of works--

( a ) at Reference Number 1 of the Table, unless a water supply does not exist in the house or the existing supply is seriously deficient and the approved cost of the works is not less than £200;

( b ) at Reference Number 2 of the Table, unless sewerage facilities do not exist in the house or the existing facilities are seriously deficient and the approved cost of the works is not less than £200;

( c ) at Reference Number 3 of the Table, unless a masonry chimney does not exist in the house;

( d ) at Reference Numbers 3,4,5,6,7 and 8 of the Table, unless all works necessary for the conservation of the house have been satisfactorily completed;

( e ) at Reference Number 4 of the Table, unless a fitted bathroom does not exist in the house and the approved cost of the works is not less than £200;

( f ) at Reference Number 5 of the Table, unless the extension forms part of the house and involves an increase in the floor area of the house of at least 9.3 square metres in the case of a kitchen or livingroom extension and at least 6.5 square metres in the case of a bedroom extension;

( g ) at Reference Numbers 6 and 7 of the Table, unless the works are necessary for the conservation of the house and the approved cost of the works to the basic fabric of the house is not less than £500 or the approved cost of the replacement of defective windows and external doors is not less than £300;

( h ) at Reference Numbers 6, 7 or 8 of the Table in respect of a house which has been provided by a housing authority for letting and has not been purchased from them save where a tenant of such a house, with the consent of the authority, makes application for a grant in respect of the category of works at Reference Number 7 of the said Table;

( i ) at Reference Number 7 of the Table, unless the application therefor was received by the Minister on or before the 20th day of January, 1987;

( j ) at Reference Number 8 of the Table, unless the works are necessary for the conservation of the house and the approved cost of the works is not less than £4,000.

6. (1) Not more than one grant shall be paid under this Part for any house in respect of the categories of works at Reference Numbers 3 or 8 of the Table.

(2) A grant for the category of works at Reference Number 3 of the Table shall not be paid for any house in addition to a grant for the category of works at Reference Number 8 of the Table.

(3) Subject to sub-article (4), a grant under this Part shall not be paid in respect of the carrying out to a house of the categories of works--

( a ) at Reference Numbers 1, 2, 4, 5, 6 or 7 of the Table, where the works are commenced within 10 years from the date the house was provided or from the date of payment in respect of that house of a grant under any enactment (including the Act of 1979) for the provision of the house, whichever is the later;

( b ) at Reference Numbers 1, 2, 5, 6, 7 or 8 of the Table, where the works are commenced within 7 years from the date of payment of a grant to which section 4 of the Act of 1988 refers in respect of the purchase or building of the house the subject of the application for a grant under this Part;

( c ) at Reference Numbers 1 to 7 of the Table, where the works are commenced within 7 years from the date of payment in respect of that house of a grant under any enactment (including the Act of 1979) in respect of the same category of works;

( d ) at Reference Number 3 of the Table, where the works are commenced within 7 years from the date of payment in respect of that house of a grant under the Regulations of 1980 for the purpose of reducing dependence on oil as a domestic fuel;

( e ) at Reference Numbers 3, 6 or 7 of the Table, where the works are commenced within 7 years from the date of payment in respect of that house of a grant in respect of the category of works at Reference Number 8 of the said Table;

( f ) at Reference Numbers 5, 6 or 7 of the Table, where the works are commenced within 7 years from the date of payment in respect of that house of a grant under Part III of the Regulations of 1980, or for house improvement works under the Housing (Gaeltacht) Acts, 1929 to 1979 save where the works to which the previous grant related were for the provision of a water supply or sewerage facilities or for the purpose of reducing dependence on oil as a domestic fuel;

( g ) at Reference Number 6 of the Table, where the works are commenced within 7 years from the date of payment in respect of that house of a grant for the category of works at Reference Number 7 of the said Table;

( h ) at Reference Number 7 of the Table, where the works are commenced within 7 years from the date of payment in respect of that house of a grant for the category of works at Reference Number 6 of the said Table.

(4) Where works of the category at Reference Number 5 of the Table include the provision of an additional bedroom which is necessary for the relief of overcrowding, a period of 5 years shall be substituted for the period of 10 years referred to in paragraph (a) of sub-article (3) and for the period of 7 years referred to in paragraphs (b), (c) and (f) of the said sub-article.

(5) Notwithstanding paragraphs (g) and (h) of sub-article (3), a grant may, subject to sub-article (6), be paid for the categories of works at Reference Numbers 6 or 7 of the Table where the works of either category are commenced within a period of 3 years from the date of payment of a grant in respect of the other such category.

(6) The aggregate amount of the grants payable under sub-article (5) shall not exceed--

(i) in the case of a house on an island specified in the Second Schedule, £2,760, or £2,070 where either category of works is commenced after the 20th day of January, 1987;

(ii) in the case of any other house £2,000, or £1,500 where either category of works is commenced after the 20th day of January, 1987.

(7) Notwithstanding the provisions of sub-article (3), a grant may be paid for the category of works at Reference Number 6 of the Table, where the works by reason of serious wind, rain or flooding, have become suddenly and urgently necessary for the conservation of the house.

7. (1) A grant shall not be paid under this Part--

( a ) unless an appropriate inspection on foot of the application for the grant had been carried out prior to the commencement of the works, save in the case of works carried out to--

(i) a house on an island specified in the Second Schedule in respect of which an application for a grant under this Part had been received by the Minister on or before the 27th day of March, 1987;

(ii) a house in respect of which an application for a grant under this Part had been received by the Minister before the 26th day of February, 1986, but an inspection of the house on foot of such application had not been carried out before that date;

( b ) unless the works to which the grant relates are satisfactorily completed;

( c ) unless it is established to the satisfaction of the Minister that the house is used, on the completion of the works, as a full time place of residence;

( d ) unless the works have been executed by a contractor whose tax number has been furnished to the Minister in connection with the application for the grant;

( e ) in the case of an application received by the Minister after the 20th day of January, 1987, unless the tax number of the applicant has been furnished to the Minister;

( f ) for each dwelling where, after improvement works have been carried out, there are two or more dwellings in a building, unless each such dwelling existed as a self contained dwelling prior to the commencement of the works;

( g ) for any works in respect of which a grant has been paid under the Regulations of 1980, or the Regulations of 1983 or by the Minister for the Gaeltacht.

(2) Where the person executing the works or parts of the works has a proprietary interest in the house, a grant shall be paid only in respect of works which have been executed by contractors or employees of his and the tax number of each such contractor or employee has been furnished to the Minister.

PART III

8. A grant, other than for the provision and installation of a private water supply or private sewerage facilities as part of a group water supply scheme or group sewerage facilities scheme, shall not be paid under the Regulations of 1983 unless the application for the grant was received by the Minister before the 1st day of December, 1985, and an appropriate inspection has been carried out.

PART IV

9. Article 22 of the Regulations of 1980 (as amended by the Regulations of 1982) is hereby amended by the substitution for paragraph (c) of sub-article 4 of the following paragraphs:

"( c ) £2,000 in the case of works commenced on or after the 10th day of April, 1981, and before the 1st day of December, 1985, or

( d ) £2,500 in the case of works commenced on or after the 1st day of December, 1985."

10. Article 23 of the Regulations of 1980 is hereby amended by the substitution for sub-article (4) of the following sub-article:

"(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, or--

( a ) £300 in the case of works commenced before the 1^st day of December, 1985, or

( b ) £600 in the case of works commenced on or after the 1st day of December, 1985."

FIRST SCHEDULE

TABLE OF IMPROVEMENT GRANTS

SECOND SCHEDULE

GIVEN under the Official Seal of the Minister for the Environment

this 10th day of October, 1988.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 10th day of October, 1988.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These regulations provide for the scheme of grants for certain house improvements introduced on 18th November, 1985 and 1st December, 1985 and revised from 20th January, 1987.

Part III relates to the grants payable under the Housing (Improvement Grants) Regulations, 1983.

Part IV provides for increased recoupments to local authorities in respect of grants paid for the adaptation of houses for disabled persons and the carrying out of essential repairs to houses which cannot be made fit for human habitation in all respects at reasonable cost.