Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd June, 2020.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by Section 6 of the Housing Miscellaneous Provisions Act 1979 (No. 27 of 1979) as amended, hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Housing (Private Water Supply Financial Assistance) Regulations 2020.

Interpretation

2. In these Regulations—

“approved cost” in relation to works undertaken to improve the water supply to a house means the cost estimated by the housing authority to be the reasonable cost of carrying out such works, or the actual cost of carrying out the works or the replacement, whichever is the lesser;

“Drinking Water Regulations” means the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122 of 2014 ), as amended;

“private water supply” means a water supply providing water intended for human consumption and domestic purposes that serves only one house;

“wholesome and clean” in relation to a water supply has the same meaning as that set out in Regulation 4 of the Drinking Water Regulations;

Financial assistance towards improvement works to a private water supply

3. (1) A housing authority may pay a grant to a person for the carrying out of improvement works to a private water supply to a house where, in the opinion of the housing authority:

(a) the water supply is not wholesome and clean, or

(b) the quantity of water supplied is insufficient to meet the domestic needs of the household.

(2) A grant under these Regulations shall not exceed the following amounts:

(a) 85% of the approved costs for well rehabilitation works, subject to a maximum grant of €3,000;

or

85% of the approved costs for the provision of a new well, subject to a maximum grant of €5,000.

(b) 100% of the approved costs for works that, in the opinion of the housing authority, are necessary to treat the water to meet the water quality standards specified in Regulation 4(2) of the Drinking Water Regulations, subject to a maximum grant of €1,000.

(3) A grant under these Regulations shall not be paid where the total cost is less than €750.

(4) Where a grant is paid under these Regulations, the Minister shall make, to the housing authority, a contribution of 100% of the grant paid.

(5) The Minister may from time to time issue guidelines to housing authorities in relation to the operation of the grant scheme.

Non Qualifying Works

4. A grant under these Regulations shall not be paid where, in the opinion of the housing authority, the works: -

(a) exceed what is required to ensure that the water supply is wholesome and clean,

(b) exceed what is required to ensure that the quantity of water supplied is sufficient for the needs of the household,

(c) relate to the installation or improvement of plumbing inside a house,

(d) relate to the provision or upgrading of a supply of water for non-domestic purposes,

(e) have commenced before an on-site pre-inspection visit and written approval has been issued to the applicant by the housing authority, or

(f) are for water softeners or related treatments that, in the opinion of the housing authority, are not necessary to treat the water in order to meet the water quality standards specified in Regulation 4(2) of the Drinking Water Regulations.

Further Conditions

5. A grant under Regulation 3 of these Regulations shall not be paid unless—

(a) the house concerned is occupied by the applicant as his or her normal place of residence;

(b) the application relates to improvement works to private water supply which serves a house;

(c) an application for payment is accompanied by an original receipt for the total amount paid which shall include an itemised list of the works carried out and the costs associated with each item;

(d) in respect of the contractor carrying out the works or, where there is more than one such contractor, in respect of each contractor, the housing authority is furnished with a copy of a current tax clearance certificate issued to the contractor by the Revenue Commissioners.

GIVEN under my Official Seal,

29 May, 2020.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

The purpose for which these Regulations are made is to provide for revisions to the existing scheme of financial assistance, towards the cost of improvement works to a private water supply (water supply providing water intended for human consumption and domestic purposes that serves only one house) that does not meet water quality requirements, or the quantity of water supplied is insufficient to meet the domestic needs of the household.