S.I. No. 174/1954 - Housing (Grants To Housing Authorities) Regulations, 1954.

S.I. No. 174 of 1954.

HOUSING (GRANTS TO HOUSING AUTHORITIES) REGULATIONS, 1954.

The Minister for Local Government in exercise of the powers vested in him by Section 24 of the Housing (Amendment) Act, 1952 , (No. 16 of 1952) and in exercise of every other power enabling him in this behalf, hereby makes the following Regulations :—

1. These Regulations may be cited as the Housing (Grants to Housing Authorities) Regulations, 1954.

2. In these Regulations—

" the Minister " means the Minister for Local Government ;

" the Principal Act " means the Housing (Financial and Miscellaneous Provisions) Act, 1932 ;

" the Acts " mean the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1952 ;

" house " means a dwelling in respect of which a grant is applied for in accordance with these Regulations.

3. These Regulations shall apply to houses for which a grant is sought from the Minister under Section 24 of the Housing (Amendment) Act, 1952 .

4.—(1) The conditions in respect of sites, aspect, planning, construction, sanitation and number per acre of houses set out in Schedule I to the Housing (New Houses) Regulations, 1950, shall be the prescribed conditions under Rule 4 of the First Schedule to the Principal Act in relation to houses to which these Regulations apply.

(2) Any of the said conditions may be dispensed with by the Minister in any particular case if he is satisfied that exceptional circumstances exist which render rigid adherence to the conditions undesirable.

5. The Plans published by the Minister from time to time for the purpose of these Regulations shall be prescribed plans under Rule 5 of the First Schedule to the Principal Act in relation to houses to which these Regulations apply.

6. Any doubt, dispute or question which may arise as to the interpretation of these Regulations and as to the making or the amount of a grant in respect of a house shall be determined by the Minister and such determination shall be final.

7.—(1) The application for a grant in respect of a house to which these Regulations apply shall be submitted to the Minister by the housing authority applying for the same in the form of a scheme (in these Regulations referred to as " the scheme ").

(2) The scheme shall be accompanied by—

(a) detailed plans, specifications and detailed estimates of the cost of the work and

(b) a statement of the total all-in-cost of the scheme.

(3) The scheme may relate to one house or to more than one house.

8. If the Minister is satisfied that the scheme and the house to which it relates comply with the requirements of the Acts and of these Regulations he may approve of the scheme.

9. When the Minister has approved of the scheme he shall determine the amount of grant to be made by him in respect of each house under the scheme and shall notify the housing authority of the amount so determined.

10. No grant shall be payable in respect of a house to which these Regulations apply notwithstanding the approval by the Minister of the scheme and the notification by him of the amount of the grant to be made until the Minister is satisfied that the requirements of the Acts and of these Regulations have been complied with.

11.—(1) The Minister may pay an instalment of a grant when the house has been roofed and he is satisfied that the work done has been carried out in a proper and workmanlike manner.

(2) The final payment of the grant shall not be made until the Minister is satisfied that the erection of the house has been completed in a proper and workmanlike manner and that the house has been sold or let in accordance with the consent of the Minister.

12. In selecting a purchaser or tenant of a house, the housing authority shall proceed in accordance with the following rules :—

(a) Regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants.

(b) Where a number of applicants for a house are in the opinion of the housing authority, equally entitled to be selected, the purchaser or tenant shall be selected from amongst such applicants by lot.

(c) Notwithstanding rules (a) and (b) the housing authority in selecting a purchaser or tenant of a house may give a preference to a person occupying on a monthly or lesser tenancy, a dwelling provided by the housing authority.

13.—(1) Where the housing authority let a house from month to month or for any lesser period it shall be a term of the letting agreement :—

(a) that the tenant shall not assign, sublet or sub-divide or part with the possession of the house or any part thereof ;

(b) that the tenant shall not, save with the prior consent of the housing authority cease to reside in the house for more than six weeks in any period of fifty-two weeks ;

(c) that the house shall not be used as a shop, workshop or factory and shall be used only as a dwelling house ;

(d) that the tenant shall keep the interior of the house and the windows thereof and the fences of the garden or plot in good repair and condition ;

(e) that the tenant shall not cause any damage to the house and shall keep the house and garden or plot in a clean and proper state and shall not commit or allow any nuisance or allow any refuse or offensive matter to accumulate in any portion thereof ;

(f) that the tenant shall not execute any additions, alterations improvements or other works in or in relation to the house or erect any shed out-office or other building without the prior consent of the housing authority.

(2) In any other case it shall be a term of the letting agreement of a house :—

(a) that the house shall be occupied by the tenant as his normal place of residence and shall not be assigned or sublet without the prior consent of the housing authority ;

(b) that the house shall not be used as a shop workshop or factory and shall be used only as a dwelling house ;

(c) that the tenant shall keep the house and the fences of the garden or plot in good repair and condition and shall not commit or allow any nuisance or allow any refuse or offensive matter to accumulate in any portion thereof ;

(d) that the tenant shall not execute any additions alterations improvements or other works in or in relation to the house or erect any shed out-office or other building without the prior consent of the housing authority ;

(e) that the tenant shall keep the house insured against fire in the joint names of the tenant and the housing authority.

(3) A housing authority may in addition to any of the terms specified in sub-articles (1) and (2) of this article specify such covenants and conditions as they think fit to impose in the letting agreement of a house.

GIVEN under the Official Seal of the Minister for Local Government this Ninth day of June One Thousand Nine Hundred and Fifty-four.

PATRICK O'DONNELL,

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Reguations.

GERARD SWEETMAN.