S.I. No. 296/1980:

HOUSING REGULATIONS, 1980

HOUSING REGULATIONS, 1980

CONTENTS

PART I

Preliminary and general

S.I. No. 296 of 1980

HOUSING REGULATIONS, 1980

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 , 58 and 90 of the Housing Act, 1966 (No. 21 of 1966) and by sections 4 to 13 and section 18 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), with the consent of the Minister for Finance, and as respects Part IV, with the consent of the Minister for the Gaeltacht, hereby makes the following Regulations:

PART I Preliminary and general

1. These Regulations may be cited as the Housing Regulations, 1980.

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 1966" means the Housing Act, 1966 ;

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

"approved cost", in relation to improvement works, means the cost estimated by the Minister or by the housing authority, as the case may be, to be the reasonable cost of improvement works in respect of which a grant or a loan is sought in accordance with these Regulations;

"borrower" means a person to whom a loan is made and includes a person applying for a loan and the successor in title of the person to whom a loan is made;

"the Minister" means the Minister for the Environment.

3. An application for a grant, loan or subsidy under the Act of 1966 or the Act of 1979 shall be supported by such information as the Minister or the housing authority, as the case may be, may require, and in particular, the person making the application may be required to make a statutory declaration under the Statutory Declarations Act, 1938 (No. 37 of 1938), as extended by section 19 of the Act of 1979, in relation to the application.

4. An applicant for a grant, loan or subsidy under the Act of 1966 or the Act of 1979 or for a certificate of reasonable value or a certificate of exemption under section 18 of the Act of 1979 shall arrange that the site and house concerned are open for inspection at all reasonable times by persons authorised by the Minister or the housing authority, as the case may be.

5. The Regulations specified in the First Schedule are hereby revoked.

PART II Grants by Minister for provision of new houses

6. This Part shall apply to grants by the Minister under section 4 of the Act of 1979 to persons providing new houses.

7. A grant payable by the Minister to a person providing a new house shall not exceed--

(a) £2,400 where the house is located on an island specified in the Second Schedule and the person either--

(i) purchases the house and a contract for the purchase was not made before the 6th day of February, 1979, or

(ii) builds the house and the foundations were not completed before the 6th day of February, 1979, or

(b) £1,000 in any other case, where the person either--

(i) purchases the house and a contract for the purchase was not made before the 27th day of May, 1977, or

(ii) builds the house and the foundations were not completed before the 27th day of May, 1977.

8. The total floor area of a house for which a grant may be paid shall be--

(a) not less than 30 square metres and not more than 125 square metres, where the house is a separate self-contained flat or maisonette in a building of two or more storeys,

(b) not less than 35 square metres and not more than 125 square metres in any other case.

9. A grant shall not be paid where a grant or subsidy (other than a subsidy under section 11 of the Act of 1979) for the provision of the house has been paid under any enactment (including the Act of 1979).

10. Where a house is provided for sale within the meaning of section 18 of the Act of 1979, a grant shall not be paid in respect of the house unless a certificate of reasonable value is granted under that section in respect of such sale and the conditions subject to which the certificate is granted are complied with.

11. (1) A grant shall not be paid to a person for the provision of a house unless--

(a) the person occupies the house on completion as his normal place of residence,

(b) the person had not occupied the house for more than one year prior to the date on which his application for a grant was received by the Minister, and

(c) the house has not previously been owned and occupied by any other person.

(2) A grant shall not be paid to a person or to the spouse of such person where the person 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.

(3) (a) For the purpose of establishing if a grant may be paid to a person whose application for a grant is received on or after the 26th day of May, 1980, and save for the provisions of paragraph (b), that person shall furnish--

(i) 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, and

(ii) in respect of any periods for which he was resident elsewhere than in the State, a certificate from the relevant taxation authority in the country or countries where he was so resident that he had not previously claimed income tax relief from such authority 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 Minister 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 Minister that the grant may be paid.

PART III Grants by Minister for improvement of houses

12. This Part shall apply to grants by the Minister under section 5 of the Act of 1979 to persons carrying out improvement works to houses.

13. In this Part, "person", except in article 20, does not include a housing authority.

14. (1) In the case of works commenced between the 31st day of May, 1972 and the 1st day of November, 1977, a grant shall not exceed £200.

(2) In the case of an application received on or after the 12th day of January, 1977, where works commenced before the 1st day of November, 1977, a grant may be paid only in respect of a house the rateable valuation of which does not exceed the amount specified hereunder:--

(3) Save in respect of grants payable in accordance with paragraph (a) of article 16 (3), the amount of a grant shall not exceed the maximum grant specified or two-thirds of the approved cost of the works, whichever is the less.

(4) The grants payable in accordance with this article and articles 15, 16, 17, 19 and 20 may be paid in respect of each separate self-contained dwelling forming part of a house after the completion of the improvement works concerned.

(5) Save in respect of grants payable in accordance with paragraphs (d) or (f) of article 16(1) or articles 18 or 19, a grant shall not be paid unless--

(a) the application for the grant was received by the Minister on or before the 1st day of February, 1980 or, where the application was received after the 1st day of February, 1980, verification is furnished that the application was sent by registered post or by letter postmarked in sufficient time to permit normal postal delivery by that date,

(b) the works to which the application relates were or are, in the opinion of the Minister, satisfactorily completed on or before the 31st day of March, 1981,

(c) the application for the payment of the grant is received by the Minister on or before the 31st day of March, 1981, and

(d) it is established to the satisfaction of an officer of the Minister that on or before the 21st day of January, 1980--

(i) the works had commenced, or

(ii) a contract for carrying out the works had been entered into by the person who made the application for the grant, or

(iii) the materials required for carrying out the works had been purchased by the person who made the application for the grant.

(6) (a) A grant shall not be paid in accordance with this article or articles 15, 18 or 19 where a grant has been paid under any enactment (including the Act of 1979) within the preceding ten years for the provision or improvement of the house, other than a grant paid for works specified under article 16.

(b) The limiting periods specified in articles 17 and 20 and in paragraph (a) of this sub-article shall commence on the date of payment of the previous grant and end on the date of commencement of the works in respect of which an application for a grant is made in accordance with articles 15, 17, 18, 19 or 20.

(7) (a) A grant shall not be paid unless the approved cost of the improvement works exceeds £100.

(b) A grant shall not be paid in accordance with articles 15, 17, 19 or 20 unless the house is suitable for improvement.

15. A grant payable to a person carrying out improvement works to a house, other than the works specified in paragraphs (d), (e), (f) or (g) of article 16(1) or in article 19, shall not exceed £600.

16. (1) A grant payable to a person carrying out improvement works to a house shall not exceed--

(a) £600, for improvement works which are necessary because of damage caused by an exceptional storm or flooding,

(b) £600, for works occasioned by something (other than the matters referred to in paragraph (a) of this sub-article) outside the control of the person concerned which are certified by an authorised officer of the Minister to be urgently necessary for the conservation of the house,

(c) £600, for improvement works determined by the Minister, with the concurrence of the Minister for Finance, to be carried out for the purpose of reducing dependence on oil as a domestic fuel,

(d) £300, for the provision and installation of a private water supply in a house as part of a group water supply scheme, where there is no existing water supply in the house or where the existing water supply is, in the opinion of the Minister, seriously deficient,

(e) £200, for the provision and installation of a water supply in a house, otherwise than as part of a group water supply scheme, where there is no existing water supply in the house or where the existing water supply is, in the opinion of the Minister, seriously deficient,

(f) £250, for the provision and installation of private sewerage facilities in a house as part of a group sewerage facilities scheme, where there are no existing sewerage facilities in the house or where the existing sewerage facilities are, in the opinion of the Minister, seriously deficient,

(g) £150, for the provision and installation of sewerage facilities in a house, otherwise than as part of a group sewerage facilities scheme, where there are no existing sewerage facilities in the house or where the existing sewerage facilities are, in the opinion of the Minister, seriously deficient.

(2) Where grants in respect of a house are payable at the same time in accordance with paragraphs (a) and (b) of sub-article (1), the aggregate amount of the grants shall not exceed £600.

(3) Where improvement works consist of the provision and installation of a fireplace or other solid fuel burning appliance (which does not form part of a central heating system) in a house in which there is no such appliance, a grant payable to a person carrying out such improvement works shall not exceed--

(a) where the works commenced on or after the 16th day of October, 1974, but not after the 31st day of October, 1977, £200 or one-third of the approved cost, whichever is the less, and

(b) where the works commenced on or after the 1st day of November, 1977, but not after the 31st day of May, 1979, £600 or two-thirds of the approved cost, whichever is the less.

(4) A grant payable in accordance with this article may be additional to any grant payable under any enactment, provided that the grants in each case relate to different improvement works.

(5) The provisions of paragraphs (a), (b), (d), (e), (f) and (g) of sub-article (1) shall apply only as respects works commenced on or after the 1st day of November, 1977.

(6) The provisions of paragraph (c) of sub-article (1) shall apply only as respects works commenced on or after the 1st day of June, 1979.

17. (1) Where a grant (other than a grant under articles 16 or 22) was paid under any enactment (including the Act of 1979) for the provision or improvement of a house within a period beginning ten years before and ending five years before an application for a further grant is made, a further grant may be payable to a person carrying out improvement works referred to at paragraphs (a), (b) or (c) of this sub-article to the house and such grant shall not exceed--

(a) £150, for the provision of a fitted bathroom,

(b) £150, for the provision of each room, which is, in the opinion of the Minister, necessary for the relief of overcrowding,

(c) £150, for the provision of each room in a house located in a rural area where the Minister is satisfied that the room is occupied as his normal place of residence by a person who has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and is sufficient for the needs of that person.

(2) Where grants in respect of a house are payable at the same time in accordance with paragraphs (a), (b) or (c) of sub-article (1), the aggregate amount of the grants shall not exceed £600.

(3) The provisions of this article shall apply as respects works commenced on or after the 1st day of November, 1977.

18. (1) Where improvement works consist of the carrying out of essential repairs to a house located in a county health district, a grant payable to a person carrying out such works shall not exceed £300.

(2) A grant in accordance with this article may be paid only where the housing authority in whose functional area the house is situate furnish to the Minister a certificate stating that the house cannot be made fit for human habitation, in all respects, at a reasonable cost and that the repairs in respect of which the grant is proposed to be paid constitute at least the repairs that are necessary in order to prolong the life of the house.

(3) The repairs to a house in respect of which a grant is proposed to be paid in accordance with this article may, with the consent of the person in occupation of the house, be carried out by the housing authority and, if the repairs are carried out by the authority, the Minister may pay the grant to the authority.

(4) The provisions of this article shall apply as respects works commenced on or after the 1st day of November, 1977, but not after the date of the making of these Regulations.

19. (1) Where improvement works to a house located on an island specified in the Second Schedule consist of the carrying out of improvement works referred to at paragraphs (a), (b) or (c) of this sub-article, a grant may be payable to the person carrying out such works and such grant shall not exceed--

(a) £720, for the provision of a hot water supply and a fitted bathroom,

(b) £430, for the provision and installation of a water supply in a house, otherwise than as part of a group water supply scheme, where there is no existing water supply in the house or where the existing supply is, in the opinion of the Minister, seriously deficient,

(c) £400, for the provision and installation of private sewerage facilities in a house as part of a group sewerage facilities scheme, where there are no existing sewerage facilities in the house or where the existing sewerage facilities are, in the opinion of the Minister, seriously deficient,

(d) £360, for the provision and installation of sewerage facilities in a house, otherwise than as part of a group sewerage facilities scheme, where there are no existing sewerage facilities in the house or where the existing sewerage facilities are, in the opinion of the Minister, seriously deficient,

(e) £900, for other improvement works.

(2) Where grants in respect of a house are payable at the same time in accordance with paragraphs (a) and (e) of sub-article (1), the aggregate amount of the grants shall not exceed £900.

(3) Where improvement works consist of the provision and installation of a private water supply in a house as part of a group water supply scheme, where there is no existing water supply in the house or where the existing supply is, in the opinion of the Minister, seriously deficient, a grant payable to a person carrying out such improvement works shall not exceed--

(a) £450, where the house is located on an island specified in Part I of the Second Schedule, and

(b) £540, where the house is located on an island specified in Part II of the Second Schedule.

(4) The provisions of this article shall apply as respects works commenced on or after the 6th day of February, 1979.

20. (1) A grant payable to 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 shall not exceed--

(a) £300, for the provision and installation of a private water supply in a house as part of a group water supply scheme, where there is no existing water supply in the house or where the existing supply is, in the opinion of the Minister, seriously deficient,

(b) £200, for the provision and installation of a water supply in a house, otherwise than as part of a group water supply scheme, where there is no existing water supply in the house or where the existing supply is, in the opinion of the Minister, seriously deficient,

(c) £250, for the provision and installation of private sewerage facilities in a house as part of a group sewerage facilities scheme, where there are no existing sewerage facilities in the house or where the existing sewerage facilities are, in the opinion of the Minister, seriously deficient,

(d) £150, for the provision and installation of sewerage facilities in a house, otherwise than as part of a group sewerage facilities scheme, where there are no existing sewerage facilities in the house or where the existing sewerage facilities are, in the opinion of the Minister, seriously deficient,

(e) £600, for improvement works consisting of all or any one or more of the following works--

(i) the provision of a fitted bathroom,

(ii) the provision of additional accommodation which is, in the opinion of the Minister, necessary for the relief of overcrowding,

(iii) the replacement or substantial reconstruction of a roof,

(iv) the provision and installation of a hot water system,

(v) the provision and installation of a system for the supply of electricity, or the replacement of such system where it is seriously deficient.

(2) (a) A grant shall not be paid in accordance with this article where a grant has been paid under any enactment (including the Act of 1979) within the preceding ten years for the provision or improvement of the house, other than a grant paid previously for works specified in sub-paragraphs (iv) or (v) of paragraph (e) of sub-article (1) or in article 16.

(b) The limiting period of ten years specified in paragraph (a) shall be reduced to five years in respect of works specified in sub-paragraphs (i), (ii) and (iii) of paragraph (e) of sub-article (1).

(3) The provisions of this article shall apply as respects works commenced on or after the 1st day of November, 1977.

PART IV Grants and other assistance by housing authorities

21. This Part shall apply to grants and contributions in kind by housing authorities under section 6 of the Act of 1979 to persons carrying out improvement works to houses.

22. (1) The council of a county or the corporation of a county borough may pay a grant to a person for the provision of an additional room or chalet or the carrying out of other structural works that, in the opinion of the authority, are reasonably necessary for the purpose of rendering a house more suitable for the accommodation of a member of the household who is either--

(a) physically handicapped and the works are necessary for his proper accommodation, or

(b) suffering from severe mental handicap or severe mental illness, for which he is undergoing treatment, and the works are necessary for his proper treatment and accommodation.

(2) A grant payable in accordance with sub-article (1) shall not exceed--

(a) the approved cost of the works in the case of a house which has been provided by a housing authority for letting and has not been purchased from them, and

(b) two-thirds of the approved cost of the works in any other case.

(3) A grant shall not be paid in accordance with this article unless the member of the household mentioned in sub-article (1) occupies the house as his normal place of residence after the works have been completed.

(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.

(5) The provisions of this article shall apply as respects applications received on or after--

(a) the 1st day of February, 1972, in the case of persons who are physically handicapped,

(b) the 1st day of July, 1975, in the case of persons suffering from severe mental handicap or severe mental illness.

23. (1) A housing authority may pay a grant to a person carrying out essential repairs to a house located in a county health district where the authority are satisfied that the house cannot be made fit for human habitation in all respects at a reasonable cost and that the repairs in respect of which the grant is proposed to be paid constitute at least the repairs that are necessary in order to prolong the life of the house.

(2) The amount of a grant in accordance with sub-article (1) shall not exceed the approved cost of the repairs.

(3) A housing authority may make a contribution in kind (whether by way of building materials or labour or any other contribution) under this sub-article to a person carrying out essential repairs under sub-article (1), provided that the amount of the grant under such sub-article and the value of a contribution under this sub-article do not together exceed the approved cost of the repairs.

(4) Where a housing authority pay a grant in accordance with this article, the Minister may recoup to the authority half of the amount of the grant or £300, whichever is the less.

24. (1) A grant shall not be paid in accordance with this Part unless--

(a) the erection of the house is completed for a period of not less than one year before the date of commencement of the works, and

(b) the approved cost of the works done exceeds £100.

(2) A grant shall not be paid in accordance with this Part in respect of a house for which a grant has previously been paid under this Part or section 5 of the Housing (Loans and Grants) Act, 1962 (No. 27 of 1962) or section 23 of the Act of 1966.

PART V Grants by Minister for housing of elderly persons and others

25. This Part shall apply to grants by the Minister under section 7 of the Act of 1979 for the provision of houses by bodies approved of by the Minister for the purposes of that section.

26. Where works are commenced on or after the 1st day of January, 1978, the Minister may pay a grant to a body which provides (whether by erection, purchase, improvement or conversion works) one or more than one house for the accommodation of elderly persons or for the accommodation, as his normal place of residence, in the house or houses or within the precincts thereof, of a person providing welfare or caretaker services for such elderly persons.

27. The amount of a grant shall not exceed the following amount --

(a) £1,000 in respect of each house provided for the accommodation of elderly persons,

(b) £200 in respect of each room provided for the accommodation of a person providing welfare or caretaker services for such elderly persons or £1,000, whichever is the less.

28. (1) A grant shall not be paid in accordance with this Part in respect of a new house for which a grant has been paid under any enactment (including the Act of 1979).

(2) A grant shall not be paid in the case of an existing house where a grant has been paid under any enactment (including the Act of 1979) within the preceding ten years for the provision or improvement of the house, other than a grant paid previously for works consisting of the works specified in article 16.

PART VI Loans by housing authorities for acquisition or construction of houses

29. This Part shall apply to loans by housing authorities under section 39 of the Act of 1966 for the acquisition or construction of houses.

30. In this Part--

"the Commissioner" means the Commissioner of Valuation;

"ownership" means such interest or combination of interests in a house as, together with the interest of the purchaser of the ownership, will constitute either a fee simple interest in possession or a leasehold interest in possession of such number of years unexpired at the date on which the loan is made or, where the loan is made in instalments, at the date of the payment of the first instalment, as is equal to or greater than the term fixed for the repayment of the loan;

"value" means value as determined in accordance with articles 34 and 35.

31. The amount of a loan shall not exceed--

(a) in the case of a loan for the construction of a house the foundations of which were not completed before the 1st day of September, 1978 or in the case of a loan for the acquisition of a house the contract for the acquisition of which was not made before the 1st day of September, 1978, £9,000 or 95% of the value of the house (excluding the amount of any grant paid under any enactment in respect of such construction or acquisition), whichever is the less,

(b) in the case of a loan for the construction of a house the foundations of which were not completed before 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 not made before the 1st day of February, 1980, £12,000 or 95% of the value of the house (excluding the amount of any grant paid under any enactment in respect of such construction or acquisition), whichever is the less,

(c) in the case of a loan for the construction of a house the foundations of which were not completed before the 6th day of February, 1979 or in the case of a loan for the acquisition of a house the contract for the acquisition of which was not made before the 6th day of February, 1979, where such house is located on an island specified in the Second Schedule, £10,000 or 95% of the value of the house (excluding the amount of any grant paid under any enactment in respect of such construction or acquisition), whichever is the less,

(d) in the case of a loan for the construction of a house the foundations of which were not completed before 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 not made before the 1st day of February, 1980, where such house is located on an island specified in the Second Schedule, £13,000 or 95% of the value of the house (excluding the amount of any grant paid under any enactment in respect of such construction or acquisition), whichever is the less.

32. In the case of the construction of a house the foundations of which were not completed before the 1st day of February, 1980 or in the case of the acquisition of a house the contract for the acquisition of which was not made before the 1st day of February, 1980, 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, or

(c) in any other case, 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 £5,500.

33. (1) Notwithstanding the provisions of article 31, a loan not exceeding £9,000 or 98% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of the construction or acquisition of the house), whichever is the less, may be made in the case of the construction or acquisition of a house the foundations of which were not completed or the contract for the acquisition of which was not made before the 1st day of September, 1978 and which 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 overcrowded conditions of his existing house and that because his financial circumstances were such 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) Notwithstanding the provisions of article 31 and sub-article (1) of this article, a loan not exceeding £12,000 or 98% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of the construction or acquisition of the house), whichever is the less, may be made in the case of the construction or acquisition of a house the foundations of which were not completed or the contract for the acquisition of which was not made before the 1st day of February, 1980 and which is for occupation by a person coming within the scope of paragraphs (a), (b) or (c) of sub-article (1).

(3) Notwithstanding the provisions of article 31 and sub-articles (1) and (2) of this article, a loan not exceeding £10,000 or 98% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of the construction or acquisition of the house) whichever is the less, may be made in the case of the construction or acquisition of a house the foundations of which were not completed or the contract for the acquisition of which was not made before the 6th day of February, 1979 where such house is located on an island specified in the Second Schedule and is for occupation by a person coming within the scope of paragraph (a), (b) or (c) of sub-article (1).

(4) Notwithstanding the provisions of article 31 and sub-articles (2) and (3) of this article, a loan not exceeding £13,000 or 98% of the value of the house (excluding the amount of any grant paid under any enactment to the borrower in respect of the construction or acquisition of the house), whichever is the less, may be made in the case of the construction or acquisition of a house the foundations of which were not completed or the contract for the acquisition of which was not made before the 1st day of February, 1980 where such house is located on an island specified in the Second Schedule and is for occupation by a person coming within the scope of paragraphs (a), (b) or (c) of sub-article (1).

(5) 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.

34. (1) Subject to the provisions of sub-article (2), the value of a house shall be--

(a) in the case of a house occupied or to be occupied for the first time, the amount which in the opinion of the housing authority represents the reasonable cost (including all reasonable incidental expenses) of building the house and the value of the interest of the borrower in the site thereof, together with, where the ownership of the house is acquired by the borrower, all reasonable expenses incidental to such acquisition, or

(b) in any other case, the amount which, in the opinion of the housing authority, the house, if sold in the open market, might reasonably be expected to realise together with so much, if any, of the legal and other expenses incidental to the acquisition of the ownership of the house as the authority may consider proper.

(2) Where part of a house is used or is intended to be used for a purpose other than as a dwelling that part shall not be taken into account in determining the value of the house.

(3) The value of a house may be determined by a housing authority before the house is constructed where plans of the house have been submitted to the authority for that purpose.

35. (1) Where a housing authority indicate to a person the amount of the value of a house as determined by them and that person contends that a greater amount might properly have been indicated, that person may, on payment of a fee of £15 in respect of each house, submit his contention for consideration by the Commissioner.

(2) The Commissioner, after consideration of a contention submitted under sub-article (1) and after making such enquiries as he considers necessary, shall state whether or not he considers that the contention is well founded, and, if he considers that it is well founded, the amount which he considers might properly have been indicated by the housing authority and the housing authority shall accept such amount as being the value of the house.

36. A housing authority shall not make a loan in respect of a house unless the house is used or is intended to be used primarily as a dwelling.

37. Where a loan is made in respect of a house in course of construction, the loan may be made by instalments from time to time as the building of the house progresses provided that the total amount of instalments made does not at any time before the completion of the house exceed 90% of the value of the works done up to that time on the construction of the house including the value of the interest of the borrower in the site thereof or 90% of the amount of the loan, whichever is the less.

38. A loan shall be repaid with interest within such period not exceeding 30 years from the date of the making of the loan or, if the loan is made by instalments, from such date not later than the date of the payment of the final instalment as may be determined by the housing authority.

39. The rate of interest on a loan shall be such rate as may be fixed by the housing authority making the loan, provided that the rate shall not be less than the rate at which the authority borrow money from the Local Loans Fund at that time for that purpose and shall not be more than ½% more than such rate.

40. A loan may be repaid either by equal instalments of principal or by an annuity of principal and interest combined and all payments on account of principal or interest shall be made at such intervals, which shall not be more than half-yearly intervals, as may be determined by the housing authority.

41. The borrower may after one months notice in writing, and on payment of all sums due on account of interest, repay to the housing authority the whole of the outstanding principal of a loan, or any part thereof being £50 or a multiple of £50.

42. Before making a loan, a housing authority shall be satisfied that--

(a) the borrower occupies or intends to occupy the house as his normal place of residence,

(b) the value of the ownership of the house is sufficient to provide adequate security for the loan,

(c) the title to the ownership is one which an ordinary mortgagee would be willing to accept,

(d) the borrower is not a borrower in respect of any other loan made by the authority under the Act of 1966 or is not the proprietor of a house in respect of which an advance, or any part of an advance, made by the authority under the Small Dwellings Acquisition Acts, 1899 to 1962, remains unpaid,

(e) the repayment of the loan to the authority is secured either by--

(i) an instrument vesting the ownership (including any interest already held by the borrower) in the authority subject to a right of redemption by the borrower, or

(ii) in a case where the ownership of the borrower consists of a leasehold interest, by an instrument of mortgage by subdemise subject to a nominal reversion, vesting the term of the subdemise in the authority subject to a right of redemption by the borrower, or

(iii) where the title to the ownership is registered under the provisions of the Registration of Title Act, 1964 , by an instrument charging the ownership with payment to the authority of the amount of the loan together with the interest thereon.

43. (1) A house, in respect of the acquisition or construction of which a loan has been made shall, until the loan with interest thereon is fully paid, or until the housing authority shall have recovered possession of the house in accordance with the provisions of section 39 of the Act of 1966, be held subject to the following conditions:

(a) every sum for the time being due in respect of principal or interest shall be paid punctually on the due date,

(b) the borrower shall use the house as his normal place of residence unless the authority consent to his residing elsewhere either indefinitely or for a specified period,

(c) the borrower shall keep the house adequately insured in the joint names of the authority and of the borrower to the satisfaction of the authority,

(d) the house shall be kept in good structural condition,

(e) the house shall not be used in such a manner as to be a nuisance to the owners or occupiers of adjacent houses.

(2) The insurance of a house in respect of which a loan is made may be effected, at the option of the housing authority, either by the authority on behalf of the borrower or by the borrower, and

(a) where such insurance is effected by the authority on behalf of the borrower, the borrower shall pay the amount of each premium in respect of such insurance to the authority on demand, or, where the authority so agree, by an addition to the instalment or other periodical payments in respect of the repayment of the loan, or

(b) where such insurance is effected by the borrower, the receipt for the payment of each premium in respect of such insurance shall be produced by the borrower to the authority on request.

(3) Any addition to an instalment or other periodical payment payable under paragraph (a) of sub-article (2) shall not be included in the amount of a loan secured in accordance with the provisions of article 42.

44. A borrower shall not without the consent of the housing authority (which shall not be unreasonably withheld) at any time transfer his interest in the house and any such transfer shall be made subject to the conditions set out in article 43.

45. A borrower shall be personally liable for the repayment of any sum due in respect of a loan until he shall have transferred with the consent of the housing authority under article 44 his interest in the house in respect of which the loan was made.

46. A housing authority shall, before proceeding under section 39 (4) of the Act of 1966 in respect of a breach of any of the conditions of article 43 other than condition (a) of sub-article (1), serve a notice in writing on the borrower requiring him to comply with the condition and if the borrower undertakes in writing, within 14 days of the service of the notice, to comply with the condition and complies with the condition within two months of the date of such undertaking, the authority shall not recover possession of the house.

47. Where a housing authority make a loan in accordance with article 33 and a subsidy is paid in accordance with Part X, it shall be a condition of the instrument securing the loan that in the event of--

(a) the sale by the borrower of the house to which the loan relates,

(b) the lease, letting or transfer of such house to a person other than the spouse, parent, son or daughter of the borrower, or

(c) the redemption of the loan,

the borrower shall pay to the housing authority, in addition to the capital sum outstanding on the loan, an amount calculated, as follows--

(i) during the period of nine years after the making of the loan, an amount equivalent to the difference between the total amount that would have been repayable on the loan up to the date of sale, lease, letting, transfer or redemption, as the case may be, if the subsidy had not been paid on the loan in that period and the amount repaid on the loan in that period by the borrower,

(ii) during the tenth year after the making of the loan, an amount equivalent to four-fifths of the amount specified in sub-paragraph (i),

(iii) during the eleventh year after the making of the loan, an amount equivalent to three-fifths of the amount specified in sub-paragraph (i),

(iv) during the twelfth year after the making of the loan, an amount equivalent to two fifths of the amount specified in sub-paragraph (i),

(v) during the thirteenth year after the making of the loan, an amount equivalent to one-fifth of the amount specified in sub-paragraph (i).

48. A housing authority shall keep a written record of loans made by them under section 39 of the Act of 1966 and shall enter therein the following particulars in regard to each loan--

(a) a description of the house in respect of which the loan is made (including particulars of location),

(b) the amount of the loan,

(c) the amount of the loan for the time being remaining unpaid,

(d) the name and occupation of the borrower for the time being, and

(e) such other particulars as the authority think fit to enter.

49. Notwithstanding the provisions of article 5, where an application for a loan is received by a housing authority in respect of a house the foundations of which were completed or the contract for the acquisition of which was made before the 1st day of September, 1978, the Housing Authorities (Loans for Acquisition or Construction of Houses) Regulations, 1972 to 1978, shall continue to have effect in respect of such application.

PART VII Loans by housing authorities for improvement of houses

50. This Part shall apply to loans by housing authorities under section 8 of the Act of 1979 to persons carrying out improvement works to houses.

51. Where the repayment of a loan is secured in accordance with section 8(2) of the Act of 1979, the amount of the loan shall not exceed--

(a) £3,000, where the house is located on an island specified in the Second Schedule and the works commenced on or after the 6th day of February, 1979, and before the 1st day of February, 1980,

(b) £4,500, where the house is located on an island specified in the Second Schedule and the works commenced on or after the 1st day of February, 1980,

(c) £2,500, in any other case, where the works commenced on or after the 1st day of November, 1977, and before the 1st day of February, 1980,

(d) £4,000, in any other case, where the works commenced on or after the 1st day of February, 1980.

52. Where the repayment of a loan is not secured in accordance with section 8(2) of the Act of 1979, the amount of the loan shall not exceed--

(a) £200, where the works commenced before the 1st day of November, 1977,

(b) £600, where the works commenced on or after the 1st day of November, 1977, and before the 1st day of February, 1980,

(c) £1,000, where the works commenced on or after the 1st day of February, 1980.

53. 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, or

(c) in any other case, 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 £5,500.

54. The amount of a loan shall not exceed the approved cost of the works, excluding the amount of any grant or loan paid under any enactment in respect of the works.

55. (1) A loan, other than a loan to which sub-article (2) applies, shall be repaid with interest within such period not exceeding 15 years from the date of the making of the loan or, if the loan is made by instalments, from such date not later than the date of the payment of the final instalment as may be determined by the housing authority.

(2) A loan in respect of improvement works consisting of the provision and installation of a fireplace or other solid fuel burning appliance in a house in which there is no such appliance shall be repaid over a period not exceeding 30 years.

56. The rate of interest on a loan shall be such rate as may be fixed by the housing authority making the loan, provided that the rate shall not be less than the rate at which the authority borrow money from the Local Loans Fund at that time for that purpose and shall not be more than ½% more than such rate.

57. A loan may be repaid either by equal instalments of principal or by an annuity of principal and interest combined and all payments on account of principal or interest shall be made at such intervals, which shall not be more than half-yearly intervals, as may be determined by the housing authority.

58. The borrower may after one months notice in writing, and on payment of all sums due on account of interest, repay to the housing authority the whole of the outstanding principal of a loan, or any part thereof being £50 or a multiple of £50.

59. Before making a loan, a housing authority shall satisfy themselves that--

(a) the house is suitable for improvement,

(b) the improvement works are necessary for the purpose of providing suitable housing accommodation,

(c) when the improvement works are carried out, the house will be fit for human habitation, and

(d) the house will be used as a dwelling when the works have been completed.

PART VIII Subsidies by Minister to housing authorities for provision of sites for private housing

60. This Part shall apply to subsidies payable by the Minister under section 9 of the Act of 1979 towards annual loan charges incurred by housing authorities in respect of the provision of sites for private housing.

61. A subsidy shall not exceed--

(a) £150 for each site provided before the 1st day of November, 1972,

(b) £300 for each site provided on or after the 1st day of November, 1972, and before the 1st day of August, 1978,

(c) £500, for each site provided on or after the 1st day of August, 1978,

or one-third of the annual loan charges incurred in respect of the provision of such sites, whichever is the less.

62. The payment of subsidy shall be conditional upon the observance by the housing authority of the following conditions--

(a) work on the development of the sites shall be completed in a proper and workmanlike manner in accordance with such standards and conditions as may be specified by the Minister either generally or in particular cases,

(b) sites sold, leased or exchanged by the authority under section 88 of the Act of 1966 shall be sold, leased or exchanged by them for a price not less than the estimated cost to the authority of the acquisition and development of the site (including administrative costs) varied in accordance with changes in the House Building Cost Index published from time to time by the Minister, less the value of the subsidy payable under article 61,

(c) the total floor area of a house provided on a site the subject of a subsidy shall not exceed 110 square metres.

PART IX Subsidies by Minister for houses provided by housing authorities for letting

63. This Part shall apply to subsidies payable by the Minister under section 10(2) of the Act of 1979 towards annual loan charges incurred by housing authorities.

64. The payment of a subsidy shall be conditional upon the observance by the housing authority of the following conditions--

(a) where the number of houses provided by an authority in a housing scheme exceeds 60, the houses shall be provided in accordance with plans and specifications approved of by the Minister,

(b) houses let by the authority on a tenancy for a month or a lesser period than a month--

(i) in the case of houses let for the first time, shall be let in accordance with a scheme of rents which takes account of the financial circumstances of the household and the standard of accommodation and amenity of the house, and which is approved of by the Minister, and

(ii) in the case of other houses, shall as soon as is reasonably practicable, be let at rents in accordance with such a scheme and pending the making of such lettings, shall be let at rents which are not less than amounts approved of by the Minister in relation to such houses,

(c) the authority shall ensure that houses let by them on a tenancy for a month or a lesser period than a month shall, subject to the terms of the tenancy, be maintained in good tenantable condition and repair,

(d) sites sold, leased or exchanged by the authority under section 88 of the Act of 1966 for private housing shall be sold, leased or exchanged by them for a price not less than the estimated cost to the authority of the acquisition and development of the site (including administrative costs) varied in accordance with changes in the House Building Cost Index published from time to time by the Minister, less the value of any subsidy payable under article 61,

(e) land, other than sites sold, leased or exchanged under section 88 of the Act of 1966 for private housing, shall be sold, leased or exchanged for the best price and on the best terms reasonably obtainable or, where the price and terms are not the best reasonably obtainable, with the consent of the Minister,

(f) houses sold or leased by the authority under section 90 of the Act of 1966 shall be sold or leased--

(i) in case a house is occupied by a tenant, to the tenant in accordance with a purchase scheme made by the authority and approved of by the Minister for the purposes of this article, and

(ii) in case the house is not so occupied, to any person, with the consent of the Minister,

(g) (i) in the financial year 1977 and subsequent financial years, the rents and miscellaneous receipts derived from the letting of houses provided by the authority, together with such proportion as may be specified by the Minister of the proceeds of houses purchased from the authority (irrespective of whether the houses were purchased before or after the date of the making of these Regulations or whether or not the purchase price is paid by way of annuities, instalments of purchase repayments, lump sums, redemptions, fines or otherwise) shall be credited to the current revenue account of the authority in respect of houses provided by them,

(ii) the proportion for the purposes of sub-paragraph (i) shall not exceed, in the case of the financial years, 1977 and 1978, 60%, in the case of the financial year 1979, 50%, and in the case of the financial year 1980, 45%,

(h) the authority shall contribute from the municipal or county fund, as the case may be, insofar as it may be necessary to meet the costs incurred by them in respect of--

(i) the maintenance and improvement of houses provided by them, which have not been purchased, and

(ii) the management of houses provided by them, irrespective of whether or not the houses have been purchased, and

(i) the remainder of the proceeds of houses purchased from the authority, which have not been credited to the current revenue account mentioned in paragraph (g), shall be applied by the authority for the purpose of making loans under section 39 of the Act of 1966 or for such other capital purpose as may be approved of by the Minister.

65. Subsidy shall not be paid for the provision of a new house where a subsidy (other than a subsidy under section 44 of the Act of 1966) or a grant has been paid under any enactment (including the Act of 1979) for such a house.

PART X Subsidies by Minister and housing authorities for purchase or construction of houses

66. This Part shall apply to subsidies payable by the Minister and housing authorities under section 11 of the Act of 1979.

67. (1) A subsidy where the authority make a loan under section 39 of the Act of 1966 shall be payable only where the loan is made on or after the 22nd day of November, 1976 to a person coming within the scope of paragraph (a), (b) or (c) of article 33(1).

(2) A subsidy where the authority sell a house under section 90 of the Act of 1966 on or after the 22nd day of November, 1976 to a person who is not the tenant of the house shall be payable only where the house is a new house and the purchase money is payable by instalments.

68. (1) In the case of the construction of a house the foundations of which were completed before the 1st day of February, 1980 or where the contract for the acquisition of a house was made before the 1st day of February, 1980, the amount of a subsidy payable in accordance with article 67 shall not exceed--

(a) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is not less than £5,600, £234 in the first year, £208 in the second year and in each succeeding year, up to and including the ninth year, the amount of the subsidy in the previous year diminished by £26 per year,

(b) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is less than £5,600, the amount which bears the same relation to the amount of the loan or the amount payable in instalments that £234 bears to £5,600 and in each succeeding year up to and including the ninth year, such amount reduced by one-ninth each year.

(2) In the case of the construction of a house the foundations of which were not completed before the 1st day of February, 1980 or where the contract for the acquisition of a house was not made before the 1st day of February, 1980, the amount of subsidy payable in accordance with article 67 shall not exceed the following amount--

(a) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is not less than £5,600, £312 in the first year, £277.68 in the second year and in each succeeding year, up to and including the ninth year, the amount of the subsidy in the previous year diminished by £34.32 per year,

(b) where the amount of the loan under section 39 of the Act of 1966 or the amount payable in instalments under section 90 of the Act of 1966 is less than £5,600, the amount which bears the same relation to the amount of the loan or the amount payable in instalments that £312 bears to £5,600 and in each succeeding year up to and including the ninth year, such amount reduced by one-ninth each year.

69. (1) Where a subsidy is paid by the Minister to a housing authority in accordance with article 67, the authority may pay a supplementary subsidy to the person to whom the loan is made or the house is sold, as the case may be.

(2) The amount of the supplementary subsidy shall not exceed the amount of the subsidy paid by the Minister in accordance with article 67.

70. A subsidy in accordance with article 67 or a supplementary subsidy in accordance with article 69 shall not be paid to a person to whom, or to whose spouse, a subsidy under section 11 of the Act of 1979 has previously been paid.

71. Where a person makes a payment to a housing authority in accordance with article 47 or under a condition or term contained in a transfer order under section 90 of the Act of 1966, the authority shall recoup to the Minister an amount which is calculated as follows--

(a) in case the authority made a payment to the person in accordance with article 69, an amount which bears the same relation to the payment by the person that the payment in accordance with article 67 bears to the payments in accordance with articles 67 and 69,

(b) in case the authority did not make a payment to the person in accordance with article 69, an amount equal to the payment made by the person.

PART XI Subsidies by Minister to building societies

72. This Part shall apply to subsidies payable by the Minister under section 12 of the Act of 1979 to building societies.

73. In this Part, "home loan" means a loan made by a building society to enable the borrower to provide a house and occupy it as his normal place of residence.

74. A subsidy to a building society in respect of interest payable for any period commencing on or after the 1st day of June, 1977, on a loan that was made by the society for the provision of a house and which was guaranteed by a housing authority under section 42 of the Act of 1966 shall be payable only where the house was, at the date of the making of the loan, a new house.

75. The amount of a subsidy shall not exceed--

(a) in respect of the period commencing on the 1st day of June, 1977 and ending on the 4th day of July, 1977, an amount equal to the difference between the amount which would be payable in respect of the capital outstanding on the loan calculated by reference to the interest rate charged generally by the building society on home loans and the amount which would be payable in respect of such capital sum calculated by reference to an interest rate of 10%,

(b) in respect of the period commencing on the 5th day of July, 1977, an amount equal to the difference between the amount which would be payable in respect of the capital outstanding on the loan calculated by reference to the interest rate charged generally by the building society on home loans and the amount which would be payable in respect of such capital sum calculated by reference to an interest rate of 9%.

76. A subsidy shall be payable only for the duration of the period during which the loan is repayable, or the period during which the house is occupied by the borrower, whichever period is the shorter.

PART XII Certificates of reasonable value

77. (1) This part shall apply in respect of certificates of reasonable value and certificates of exemption under section 18 of the Act of 1979.

(2) In this Part, "a certificate" means a certificate of reasonable value.

78. (1) Subject to sub-article (2), section 18(2) of the Act of 1979 shall apply to all loans in respect of new houses, other than loans in respect of the purchase of flats or maisonettes in a building of two or more storeys.

(2) The provisions of section 18(2) of the Act of 1979 shall not, notwithstanding the provisions of sub-article (1), apply as respects--

(a) a loan where the contract for the sale of the house was made before the 1st day of March, 1980 and the application for the loan was made before the date of the making of these Regulations, or

(b) a loan made to a person carrying on the trade of building where the loan is for the purposes of enabling him to carry on his trade.

79. An application to the Minister for a certificate shall be accompanied by --

(a) evidence that permission or outline permission and approval under the Local Government (Planning and Development) Acts, 1963 and 1976 has been granted in respect of the house,

(b) floor plans, elevations and sections of the house, drawn to a scale of not less than 1:50,

(c) a site plan showing the location of the house,

(d) detailed specifications of workmanship and materials to be used in the construction of the house,

(e) details of such fixtures, fittings and other articles as are included with the house in the sale, their design, manufacture and finish, their nature and quality and the fitting or installation of such fixtures, fittings and articles,

(f) particulars of the cost of the acquisition of the site by the applicant, and of the date of such acquisition, and

(g) a notification of the amount of the consideration for the sale of the house (in this Part subsequently referred to as "the price").

80. Without prejudice to the generality of section 18(7) of the Act of 1979, the Minister may, having examined the documents accompanying the application made in accordance with article 79, require the person making the application to supply such other information relating to the price or any or all of the constituent elements thereof as he considers necessary for the purposes of determining the application.

81. Where a certificate provides for the variation of the price for the sale of a house to take into account the reasonable additional cost, or saving, caused by variations in the cost of the provision of the house, the effect of such variation shall not be less advantageous to the purchaser than the effect of the Clause set out in the Third Schedule.

82. (1) The fee accompanying an application for a certificate shall be, as follows--

(a) in case the application relates to one house only, £20,

(b) in case the application relates to more than one house, £20 plus £5 in respect of each house exceeding one.

(2) The fee accompanying an application for a certificate of exemption shall be £3.

PART XIII Miscellaneous

83. (1) Every letting by a housing authority of a house by virtue of section 58 of the Act of 1966 shall be made subject to the following conditions--

(a) the tenancy shall be a weekly tenancy,

(b) the sum for rent and any charges for services shall be paid punctually on the due dates,

(c) the tenant shall not assign, sub-divide or part with the possession of the house or any part thereof or, without the consent of the authority, sublet or allow any part of the house to be occupied by a lodger,

(d) the tenant may, with the consent of the authority, exchange his tenancy of the house for the tenancy of another house provided by a housing authority,

(e) the tenant shall not, save with the consent of the authority, cease to reside in the house for more than six weeks in any period of 52 weeks,

(f) the house shall not be used as a shop, workshop or factory or for any purpose whatever other than as a dwelling,

(g) no trading signs of any description shall be erected or displayed on or about the house, without the consent of the authority,

(h) the tenant shall not cause any damage to the house and shall keep it in a clean and proper state, and shall not allow any refuse or offensive matter to accumulate in any portion of it,

(i) the tenant shall not cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to his neighbours,

(j) where the house is let by a housing authority which is a county borough corporation, borough corporation, urban district council or a town having commissioners under the Towns Improvement (Ireland) Act, 1854, the tenant shall not keep any poultry, pigs or other animals (other than domestic pets which are not likely to create a nuisance or become a source of annoyance) on the premises without the consent of the authority,

(k) where a house is let by an authority which is a county council, the tenant shall not keep any poultry, pigs or other animals (other than domestic pets which are not likely to create a nuisance or become a source of annoyance) on the premises if required to refrain from so doing by the authority,

(l) the tenant shall not execute any additions, alterations, improvements or other works in, or in relation to, the house (including the erection of any shed, garage, out-office or other building) without the consent of the authority,

(m) the tenant shall be responsible for all internal decoration and any breakage of glass in the windows and any damage to the fixtures or fittings of the house and for the proper maintenance of fences of the garden or plot and shall cause to be made good any damage or breakage without delay and where such damage or breakage is made good by the authority, shall pay the cost to the authority,

(n) the tenant shall allow authorised officers and servants of the authority to enter and inspect the house at all reasonable times and to carry out thereon any necessary works,

(o) the tenant shall, on the termination of the tenancy, peaceably and quietly deliver up possession of the house to the authority,

(p) the authority shall have a right to re-enter upon and resume possession of the house for breach, non-performance or non-observance of any of the provisions of the letting agreement,

(q) the tenancy may be terminated at any time on the giving of one week's notice by the tenant or the authority, and

(r) notice to quit may be served by the authority on the tenant either personally or by leaving it with some person over 16 years of age resident or employed in the house or by leaving it at the house.

(2) Every housing authority shall make arrangements for the inspection from time to time of houses let by the authority and shall obtain and consider reports from rent collectors and any other authorised officers or servants regarding the state of repair of the houses, the manner in which the houses are maintained by the tenants and any breach, non-performance or non-observance of any provisions of letting agreements on the part of the tenants.

84. A fee of five pounds is prescribed for the purposes of section 13(8) of the Act of 1979.

85. (1) The transfer order for the purposes of section 90 of the Act of 1966, as modified by section 4 of the Landlord and Tenant (Ground Rents) Act, 1978 (No. 7 of 1978), shall be in the form set out in Part 1 of the Fourth Schedule or in a form substantially to the like effect.

(2) The transfer order for the purposes of section 90 of the act of 1966, as extended by section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978), shall be in the form set out in Part II of the Fourth Schedule or in a form substantially to the like effect.

Article 5

FIRST SCHEDULE

Regulations revoked

SECOND SCHEDULE

Islands to which articles 7, 19, 31, 33 and 51 apply

THIRD SCHEDULE

Price Variation Clause for purposes of article 81

If, on or after the date stated in the certificate of reasonable value as being the operable date of the price variation clause, the cost to the person providing the house for sale of labour and materials used in the construction of the house changes, such person shall be entitled to charge in addition to, and where the changes result in a reduction of cost he shall deduct from, the price specified in the certificate an appropriate sum in respect of such changes. For the purpose of determining the amount of the appropriate sum, the changes in the cost of labour and of material shall be calculated in accordance with changes in the index of labour and material costs in house building (otherwise known as the House Building Cost Index and hereinafter referred to as "the Index") published from time to time by the Minister. Such calculation shall be made, as follows--

1. Where the house is commenced on or after the operable date, find the aggregate of the monthly changes in the Index between the month in which falls the day immediately preceding the operable date and the month in which work commences.

2. Find the average effect of the monthly changes in the Index by calculating the aggregate of the products of each monthly change and the number of months of the construction period during which or part of which such change has effect and by dividing this aggregate by the number of months comprising the period between the month in which falls the date of commencement of the house or the day immediately preceding the operable date, whichever is the later, and the month in which falls the date of completion, both such months being included.

3. Find the sum of the figures obtained at 1 (if any) and 2 above.

4. Express the figure obtained at 3 above as a percentage of the Index number ruling in the month in which falls the day immediately preceding the operable date.

5. Apply the percentage obtained at 4 above--

(a) to the total cost of labour employed and materials used in the construction of the house;

or

(b) if the house had commenced before the operable date, to the total cost of labour and materials in the work remaining to be carried out on or after the operable date.

The amount obtained at 5 above shall be the appropriate sum.

Article 85

FOURTH SCHEDULE

PART I

FORM OF TRANSFER ORDER

Housing Act, 1966 (Section 90)

Landlord and Tenant (Ground Rents)

Act, 1978 (section 4)

TRANSFER ORDER

(a) the house shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;

(b) the house or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

5. The following conditions shall apply to the house:¹⁰

6. The charge at 2(a) above and the contingent charge in Schedule C hereto created in favour of the housing authority shall be registered as burdens on the property described in this transfer order. ¹¹

SCHEDULE A

Description of house ¹²

SCHEDULE B¹³

Manner for repayment of purchase money

SCHEDULE C⁷

In the event of--

(a) the sale of the house by the purchaser,

(b) the lease, letting or transfer of the house to a person other than the spouse, parent, son or daughter of the purchaser, or

(c) the payment of the balance of the purchase money in relation to the sale under section 90 of the Housing Act, 1966 ,

the appropriate amount to be charged on the house shall, where the event occurs--

(i) during the period of nine years from the date of vesting specified in paragraph 1 of this Transfer Order, be a sum equivalent to the difference between the total amount that would have been payable up to the date of redemption or transfer if the repayments had not been reduced and the amount paid by reason of the reduction,

(ii) during the tenth year from the date of vesting specified in paragraph 1 of this Transfer Order, be four-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,

(iii) during the eleventh year from the date of vesting specified in paragraph 1 of this Transfer Order, be three-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,

(iv) during the twelfth year from the date of vesting specified in paragraph 1 of this Transfer Order, be two-fifths of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction,

(v) during the thirteenth year from the date of vesting specified in paragraph 1 of this Transfer Order, be one-fifth of the difference between the total amount which would have been payable during the nine year period if the repayments had not been reduced and the amount paid in that period by reason of the reduction.

The official seal of the housing authority was affixed hereto in the presence

of

Directions for completing this form

1. Insert name of functional area of housing authority.

2. Insert consideration e.g. "£...................... (................... pounds)".

3. Insert name of housing authority.

4. Insert name and address of purchaser.

5. The vesting of a house, other than a flat described in note 6, should be in fee simple in accordance with the Landlord and Tenant (Ground Rents) Act, 1978 .

6. Vesting for a term of years may only be effected in the case of a separate and self-contained flat in premises divided into two or more such flats.

7. Paragraph 2(b) and Schedule C should be inserted only where a new house is being sold to a person other than the tenant thereof and the person concerned obtains a subsidy under section 11 of the Housing (Miscellaneous Provisions) Act, 1979 .

8. Delete special condition where the purchase money is paid in full before the making of the transfer order.

9. The special conditions (a) and (b) in paragraph 4 shall be included only where a house is sold to a tenant thereof. In the case of houses sold in fee simple, special conditions (a) and (b) shall apply for a period of 25 years from the date of vesting specified in paragraph 1. In the case of flats which are leased, the special conditions (a) and (b) shall apply for the period of the lease.

10. Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are required. These conditions, other than the right of entry should be disregarded where the purchase money is fully paid before the transfer order is made.

11. Delete reference to charge(s), where not appropriate.

12. Insert suitable description. Where description is by reference to a map, the map should be clearly identified and attached to the Order.

13. Insert amount and manner for payment of purchase money including, where appropriate, provision for reduced repayments where a new house is being sold to a person other than a tenant thereof by means of subsidised repayments under section 11 of the Housing (Miscellaneous Provisions) Act, 1979 .

Article 85

FOURTH SCHEDULE

PART II

FORM OF TRANSFER ORDER

Housing Act, 1966 (section 90)

Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (section 26)

TRANSFER ORDER

(a) the house shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;

(b) the house or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

5. The following conditions shall apply to the house:¹⁰

6. The charge(s) at 1. above shall be registered as burden(s) on the fee simple interest in the property described in this Transfer Order. ¹¹

SCHEDULE

Description of house¹²

The official seal of the housing authority was affixed hereto in the presence of

Directions for completing this form

1. Insert name of functional area of housing authority.

2. Insert name of housing authority.

3. Insert name and address of purchaser of fee simple.

4. Insert name and address of purchaser of the leasehold interest.

5. Insert reference to appropriate instrument e.g. "transfer order", "indenture of lease".

6. Insert amount of purchase money in respect of the leasehold interest and reference to contingent charge, where appropriate.

7. Delete special condition where the purchase money in respect of the leasehold interest is paid in full before the making of this transfer order.

8. Insert manner for payment of purchase money in respect of the leasehold interest.

9. Special conditions expressed in terms similar to (a) and (b) in paragraph 4 shall be included only where a house has been leased to a tenant thereof and such conditions are specified in the instrument by which the lease was effected. Special conditions (a) and (b) shall apply for a period of 25 years from the date of vesting specified in the aforementioned instrument or while any part of the purchase price of the leasehold interest remains unpaid, whichever is the greater.

10. Insert the appropriate conditions as to repair, to use as a dwelling only, to right of entry of housing authority, to insurance in joint names of purchaser and authority and such other conditions as are specified in the instrument by which the lease was effected.

11. Delete reference to charge(s), where not appropriate.

12. Insert suitable description. Where description is by reference to a map, the map should be clearly identified and attached to the order.

GIVEN under the Official Seal of the Minister for the Environment this 26th day of September, 1980.

SYLVESTER BARRETT

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

Dated this 25th day of September, 1980.

MICHAEL O'KENNEDY

Minister for Finance.

The Minister for the Gaeltacht hereby consents to Part IV of the foregoing Regulations.

Dated this 22nd day of September, 1980.

MÁIRE NIC EOCHAGÁIN UÍ CHUINN

Minister for the Gaeltacht.

EXPLANATORY NOTE

Section 22 of the Housing (Miscellaneous Provisions) Act, 1979 , and these Regulations validate changes made since 1972 in schemes of new house grants, house improvement grants, elderly persons grants, local authority housing subsidy and subsidised house purchase loans.

Part VII enables housing authorities to increase the maximum amount of an unsecured house improvement loan to £1,000.

Part XII provides for a form of control of prices of new houses.

Part XIII prescribes the fee to accompany an appeal to the Minister under section 13 of the 1979 Act, dealing with the structural condition of houses on their sale or lease by a housing authority, and the forms of transfer orders for the sale or lease of houses or the purchase of the fee simple. Provision is also made for the conditions governing the letting of houses provided by a housing authority.

The First Schedule sets out the regulations which have been revoked.