STATUTORY INSTRUMENTS

S.I. No. 609 of 2001

HOUSING (NEW HOUSE GRANT ETC.) REGULATIONS, 1990 (AMENDMENT) REGULATIONS, 2001

Dublin:

Published by the Stationery Office

To be purchased from the Government

Publications Sale Office,

Sun Alliance House,

Molesworth Street,

Dublin 2.

S.I. No. 609 of 2001

HOUSING (NEW HOUSE GRANT ETC.) REGULATIONS, 1990 (AMENDMENT) REGULATIONS, 2001

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Housing Act, 1966 ( S.I. No. 21 of 1966 ), as amended by section 24 of the Housing (Miscellaneous Provisions) Act, 1992 ( S.I. No. 18 of 1992 ), and by section 5 of the Housing (Miscellaneous Provisions) Act, 1979 ( S.I. No. 27 of 1979 ), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, with the consent of the Minister for Finance, hereby make the following Regulations:

1.       These Regulations may be cited as the Housing (New House Grant etc.) Regulations, 1990 (Amendment) Regulations, 2001.

2.       In these Regulations -

“the Regulations of 1990” means the Housing (New House Grant etc.) Regulations, 1990 ( S.I. No. 34 of 1990 )

“the Regulations of 1993” means the Housing (New House Grant etc.) Regulations, 1990 (Amendment) Regulations, 1993 ( S.I. No. 350 of 1993 )

“the Regulations of 1995” means the Housing (New House Grants etc.) Regulations, 1990 (Amendment) Regulations, 1995 ( S.I. No. 211 of 1995 )

3.       Article 5 of the Regulations of 1990 (as substituted by the Regulations of 1993) is hereby amended by

“(5)      (1)      A grant to a person under this article, other than in respect of a house located on an island specified in the Second Schedule, shall not exceed --

(a) €3,810 where -

(i)       the person makes, on or after the 1^st day of January 2002 a contract for the purchase of the house, or

(ii)      the person has the house built on a site he has available and makes, on or after the 1^st day of January 2002, either a contract or contracts for the building of the house or a payment, which included value-added tax of not less than 12½ per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(b) £3,000 (€3,809.2) where -

(i)       the person makes, on or after the 25^th day of February 1993 and on or before 31^st December 2001, a contract for the purchase of the house, or

(ii)      the person has the house built on a site he has available and makes, on or after the 25^th day of February 1993 and on or before 31^st December 2001, either a contract or contracts for the building of the house or a payment, which included value-added tax at the applicable rate at that time, in respect of the poured concrete and concrete blocks used in the building of the house;

(c) £2,000 (€2,539.47) where -

(i)       the person makes, on or after the 1^st day of May 1985 and on or before 24^th day of February 1993, a contract for the purchase of the house, or

(ii)      the person has the house built on a site he has available and makes, on or after the 1^st day of May 1985 and on or before 24^th of February 1993, either a contract or contracts for the building of the house or a payment, which included value-added tax of not less than 10 per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(d) £1,000 (€1269.73) where paragraph (a), (b) or (c) of this sub-article does not apply

(2)     A grant to a person under this article in respect of a house located on an island specified in the Second Schedule shall not exceed-

(a)      IR£9,600 before 1 January 2002 and €12,190 on or after 1 January 2002 where --

(i)   the person makes, on or after the 1^st day of January, 1999, a contract for the purchase of the house, or

(ii)  the person has the house built on a site he has available and makes, on or after the 1^st day of January 1999 either a contract or contracts for the building of the house or a payment, which includes value-added tax at a rate of not less than 12½ per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(b)     IR£4,800 before 1 January 2002 and €6,094.74 on or after 1 January 2002 where -

(i)   the person makes, on or after the 25^th day of February 1993 and on or before the 31^st day of December 1998 a contract for the purchase of the house, or

(ii)  the person has the house built on a site he has available and makes, on or after the 25^th day of February 1993 and on or before 31^st day of December 1998, either a contract or contracts for the building of the house or a payment, which included value-added tax at the applicable rate at that time, in respect of the poured concrete and concrete blocks used in the building of the house;

(c)     IR£3,600 before 1 January 2002 and €4,571.06 on or after 1 January 2002 where --

(i)   the person makes, on or after the 1^st day of May 1985 and on or before 24^th day of February 1993 a contract for the purchase of the house, or

(ii)  the person has the house built on a site he has available and makes, on or after the 1^st day of May 1985 or on or before 24^th day of February 1993, either a contract or contracts for the building of the house or a payment, which included value-added tax of not less than 10 per cent, in respect of the poured concrete and concrete blocks used in the building of the house;

(d)     IR£2,400 before 1 January 2002 and €3,047.37 on or after 1 January 2002 where paragraph (a), (b) or (c) of this sub-article does not apply.”.

4.       The following paragraph is hereby substituted for paragraph (j) of sub article (1) of article 6 of the Regulations of 1990 as substituted by article 2 of the Regulations of 1995:

“(j)     in the case of a house the foundations of which are completed on or after the 1^st day of November, 2000 and which is located in --

I.        the county borough of Dublin, or

II.       the administrative county of Dun Laoghaire-Rathdown other than the areas specified in Part I of the Schedule, or

III.      the administrative county of Fingal other than the areas specified in Part II of the Schedule, or

IV.      the administrative county of South Dublin other than the areas specified in Part III of the Schedule, or

V.       the county borough of Cork, or

VI.      the areas of the administrative county of Cork specified in Part IV of the Schedule or

VII.     the county borough of Limerick, or

VIII.   he areas of the administrative county of Limerick specified in Part V of the Schedule, or

IX.     the areas of the administrative county of Clare specified in Part VI of the Schedule, or

X.       the urban district of Arklow, or

XI.      the areas of the administrative county of Wicklow specified in Part VII of the Schedule, or

XII.    the borough of Drogheda, or

XIII.   the areas of the administrative county of Meath specified in Part VIII of the Schedule, or

XIV.   the urban district of Dundalk, or

XV.    the borough of Wexford, or

XVI.   the area of the administrative county of Wexford specified in Part IX of the Schedule, or

XVII. the areas of the administrative county of Kildare specified in Part X of the Schedule, or

XVIII. the county borough of Galway, or

XIX.  the town of Leixlip, or

XX.   the urban district of Naas, or

XXI.  the county borough of Waterford, or

XXII. the areas of the administrative county of Kilkenny specified in Part XI of the Schedule

unless the house has a principal means of space and water heating which uses electricity, gas or oil, or a solid fuel burning appliance of a type designed to use smokeless fuel;”.

5.       Sub-article (3) and sub-article (4) of article 6 of the Regulations of 1990 are hereby revoked.

6.       The Regulations of 1990, as amended by article 3 of the Regulations of 1995, are hereby amended by the substitution of the Schedule to these Regulations for the Third Schedule thereto.

Schedule

“Third Schedule

Part I

Excluded areas of the administrative county of Dun-Laoghaire Rathdown

1.   The District Electoral Division of Tibradden.

2.   That part of the District Electoral Division of Glencullen situated west of an imaginary line drawn as follows:--

Commencing at the junction of Slate Cabin Lane and Woodside Road, thence in a south-easterly direction and proceeding along Woodside Road and Ballyedmonduff Road to the county boundary at Glencullen Bridge.

Part II

Excluded areas of the administrative county of Fingal

The District Electoral Divisions of:--

That part of the District Electoral Division of Swords -- Lissenhall situated north of the Broad Meadow River.

Part III

Excluded areas of the administrative county of South Dublin

The Electoral Divisions of:-

That part of the Electoral Division of Ballinascorney situated south of an imaginary line drawn as follows:-

Commencing at the junction of Kiltipper and Killinarden Road, thence in a westerly direction to the junction of Blessington Road and Mill Road.

That part of the Electoral Division of Bohemabreena situated south of an imaginary line drawn as follows:-

Commencing at the junction of Kiltipper Road and Ballymanna Lane, thence in an easterly direction to the junction of Daletree Road and Oldcourt Road.

Part IV

Included areas of the administrative county of Cork

1.       The District Electoral Divisions of:--

2.       That part of the District Electoral Divisions of Bishopstown and St. Mary's not within the county borough of Cork.

Part V

Included areas of the administrative county of Limerick

1.       In the District Electoral Division of Ballycummin, the townlands of:--

2.       In the District Electoral Division of Limerick North Rural, the townlands of:--

3.       In the District Electoral Division of Ballysimon, the townlands of:--

4.       In the District Electoral Division of Limerick South Rural, the townlands of:--

5.       In the District Electoral Division of Ballyvara, the townlands of:--

Part VI

Included areas of the administrative county of Clare

In the District Electoral Division of Ballyglass, the townlands of:--

Part VII

Included areas of the administrative county of Wicklow

1.       In the District Electoral Division of Kilbride (Arklow), the townlands of:--

2.       In the District Electoral Division of Arklow Rural, the townland of:-

Moneylittle

Part VIII

Included areas of the administrative county of Meath

In the District Electoral Division of St. Mary's, the townlands of:--

Part IX

Included area of the administrative county of Wexford

The included area of the administrative county of Wexford is all that area comprised between the existing borough boundary and an imaginary line drawn as follows:

From a point on the coast at Wexford Harbour, along the north eastern townland boundaries of Tincone and Crosstown in a north-westerly direction to regional road No. 741-25; thence along regional road No. 741-25 in a northerly direction to the junction with local road No. LS 7010-02, then along local road No. LS 7010-02 in a south-westerly direction for 400 metres; thence north for 150 metres, then turning in a westerly direction along the southern-most boundary of Crosstown cemetery (excluding the cemetery) until reaching the eastern bank of the River Slaney.

From a point on the western bank of the River Slaney, along the northern and eastern boundaries of Townparks townland, to the junction of regional road No. 730-16 and local road No. LP 3010-01, then west along regional road No. 730-16 to the junction with local road No. LT 30123 at Park townland; thence south along local road No. LT 30123 to the junction with local road No. LP 3012-01, then along the western boundary of Carricklawn townland, until it meets the regional road No. 769-02 at Wexford racecourse; thence in an easterly direction along the regional road No. 769-02 for 300 metres; thence traversing the eastern and southern boundaries of Wexford racecourse (excluding the racecourse) until meeting Coolcotts Lane (local road No. LP 3013-01); thence turning west along Coolcotts Lane for 130 metres, and south along the western boundary of Townparks townland until it reaches local road No. LP 3014-01; thence crossing Clonard Little townland in a southerly direction until it reaches regional road No. 733-22; thence crossing east along the townland boundary of Killeens and then crossing the townland at Ballynagee and the southern townland boundary of Whiterock North, until it reaches local road No. LP 3016-01 at Whiterock Hill; thence traversing the townland of Whiterock South, along the western, northern and eastern boundaries of Wexford golf course (excluding the golf course) until it reaches Mulgannon Lane (local road No. LP 3039-01); thence crossing the townland of Mulgannon as far as the townland boundary, and travelling north east along this townland boundary for 250 metres and then crossing Rocksborough townland as far as local road No. LP 3039-01 and on to the junction with regional road No. 730-18 at Kerlogue; thence travelling north along regional road No. 730-18 to Wexford Town until reaching the southern townland boundary of Maudlintown, and from there crossing east along this townland boundary to the coast at Wexford Harbour.

Part X

Included areas of the administrative county of Kildare

1.       In the Electoral Division of Celbridge, the townlands of

2.       In the Electoral Division of Donaghcumper, the townlands of

Part XI

Included areas of the administrative county of Kilkenny

1.       In the Electoral Division of Ferrybank, the townlands of

2.       In the Electoral Division of Ferrybank, that part of the townland of Belmount defined by the western boundary of the hospital grounds and the northern, western and southern townland boundary west of the boundary of the hospital.

3.       In the Electoral Division of Ferrybank, that part of the townland of Rathculliheen defined by the eastern townland boundary from its southern most point northwards to the railway line, a line westwards along the railway for 320 metres, a line northward along a private road for 110 metres and a line northwestwards along the field boundary to meet the western townland boundary, the western townland boundary and the southern townland boundary.

4.       In the Electoral Division of Ferrybank, that part of the townland of Rockshire defined by the townland boundary on the west, south and east and along the field boundaries eastwards from where the townland boundary meets the road to the middle northwestern corner of the Belmount townland boundary.”

The Minister for Finance hereby consents to the foregoing Regulations.

Explanatory Note

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

These regulations provide for

(i)      increase in the maximum grant available on islands;

(ii)     abolition of Disabled Persons new house grant;

(iii)    appropriate Euro amounts;

(iv)    compliance with the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations, 2000