S.I. No. 330/1983 - Housing (Improvement Grants) Regulations, 1983.

S.I. No. 330 of 1983.

HOUSING (IMPROVEMENT GRANTS) REGULATIONS, 1983.

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

1. These Regulations may be cited as the Housing (Improvement Grants) Regulations, 1983.

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

(2) In these Regulations—

"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 is sought in accordance with these Regulations;

"the Minister" means the Minister for the Environment;

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

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

3. These Regulations shall apply to grants by the Minister under section 5 of the Act of 1979 to persons carrying out improvement works of the kinds referred to in articles 10 and 11 of these Regulations, to houses.

4. These Regulations shall, subject to the provisions of article 10 (1) (i) apply to works commenced on or after the 14th day of October, 1981.

5. (1) Save in respect of grants payable in accordance with article 10 (1) (a) and article 11 (6) (c) and (d) the amount of a grant shall not exceed the maximum grant specified in these Regulations or two-thirds of the approved cost of the works, whichever is the less.

(2) In respect of grants payable in accordance with article 10 (1) (a) and article 11 (6) (c) and (d) the amount of a grant shall not exceed the maximum grant specified in these Regulations or four-fifths of the approved cost of the works, whichever is the less.

6. Save in respect of grants payable in accordance with article 10 (1) (a), (b) and (d) and article 11 (1) (b) and (6) a grant shall not be paid until the works to which the grant relates are, in the opinion of the Minister, satisfactorily completed.

7. (1) The grants payable in accordance with these Regulations may, where the house consists of more than one self-contained dwelling, be paid if, but only if, each such dwelling existed as a self-contained dwelling prior to the commencement of the works to which the grants relate.

(2) A grant shall not be paid in accordance with article 10 (1) (i) or 11 (1) (g) in respect of a house which has been provided by a housing authority for letting and has not been purchased from them.

8. A grant shall not be paid in accordance with article 10 (1) (c), (e), (f), (g), (h), or (i) where the relevant works are commenced before an inspection of the house is carried out by an officer of the Minister.

9. Save in respect of grants payable in accordance with article 10 (1) (a), (b) and (d) and article 11 (1) (b) and (6), a grant in accordance with these Regulations shall not be paid unless it is established to the satisfaction of the Minister that the house is used, or is intended for use, on the completion of the works, as a full-time residence.

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

( a ) as respects works commenced on or before the 31st day of December, 1983 £600, for the provision and installation of a private water supply in a house, located in the Region described in the First Schedule 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 and where not less than 35% of the members of the group scheme are farmers or inhabitants of villages who are dependent principally on agriculture;

( b ) £300, for the provision and installation of a private water supply in a house, other than a house located in the Region described in the First Schedule, 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;

( c ) £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;

( d ) £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;

( e ) £200, 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;

( f ) £600, for the building of a chimney and the installation of a fireplace in a house without a chimney;

( g ) £600, for the provision of a fitted bathroom where such does not exist within the house;

( h ) £600, for the provision on or after the 27th day of April, 1982 of an additional bedroom which involves an increase in the total floor area of the house and which is, in the opinion of the Minister, necessary for the relief of overcrowding;

( i ) £600, for the carrying out of works commenced on or after the 27th day of April, 1982 to the basic fabric of the house that are, in the opinion of the Minister, necessary for the conservation of the house.

(2) Where grants are payable in accordance with any two of paragraphs (g), (h) and (i) of sub-article (1) the aggregate amount of such grants shall not exceed £1,000 and where grants are payable in accordance with all of the said paragraphs the aggregate amount of such grants shall not exceed £1,400.

(3) A grant shall not be paid in accordance with paragraphs (f), (g) or (h) of sub-article (1) until all works that are, in the opinion of the Minister, necessary for the conservation of the house, have been satisfactorily carried out.

(4) A grant shall not be paid in accordance with paragraph (i) of sub-article (1) where the approved cost of the works is less than £300.

(5) Notwithstanding article 12 (3), grants may be paid in accordance with paragraphs (g), (h) and (i) of sub-article (1) where the works referred to in these paragraphs are commenced within a single period of three years.

11. (1) Where improvement works to a house located on an island specified in the Second Schedule consist of the carrying out of works of the kinds referred to in paragraphs (a), (b), (c), (d), (e), (f) or (g) a grant payable to the person carrying out such works shall not exceed—

( a ) £430, for the provision and installation of a water supply in a house, other 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;

( b ) £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;

( c ) £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;

( d ) £600, for the building of a chimney and the installation of a fireplace in a house without a chimney;

( e ) £720, for the provision of a fitted bathroom where such does not exist within the house;

( f ) £900, for the provision on or after the 27th day of April, 1982 of an additional bedroom which involves an increase in the total floor area of the house and which is, in the opinion of the Minister, necessary for the relief of overcrowding;

( g ) £900, for other improvement works.

(2) Where grants are payable in accordance with any two of paragraphs (e), (f) and (g) of sub-article (1) the aggregate amount of such grants shall not exceed £1,500 and where grants are payable in accordance with all of the said paragraphs the aggregate amount of such grants shall not exceed £2,100.

(3) A grant shall not be paid in accordance with paragraphs (d ), (e) or (f) of sub-article (1) until all works that are, in the opinion of the Minister, necessary for the conservation of the house, have been satisfactorily carried out.

(4) A grant shall not be paid in accordance with paragraph (g) of sub-article (1) where the approved cost of the works is less than £300.

(5) Notwithstanding article 12 (3), grants may be paid in accordance with paragraphs (e), (f) and (g) of sub-article (1) where the works referred to in these paragraphs are commenced within a single period of three years.

(6) 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 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;

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

( c ) as respects works commenced on or before the 31st day December, 1983 £750, where the house is located on an island specified in Part I of the Second Schedule and the island is in the Region described in the First Schedule and where not less than 35% of the members of the group scheme are farmers or inhabitants of villages who are dependent principally on agriculture;

( d ) as respects works commenced on or before the 31st day of December, 1983 £840, where the house is located on an island specified in Part II of the Second Schedule and the island is in the Region described in the First Schedule and where not less than 35% of the members of the group scheme are farmers or inhabitants of villages who are dependent principally on agriculture.

12. (1) A grant shall not be paid in accordance with article 10 (1) (c) or article 11 (1) (a) where a previous grant for the provision and installation of a water supply in the house or for the provision of a house has been paid under any enactment (including the Act of 1979) in the period of ten years immediately preceding the date of commencement of the works.

(2) A grant shall not be paid in accordance with article 10 (1) (e) or article 11 (1) (c) where a previous grant for the provision and installation of sewerage facilities in the house or for the provision of the house has been paid under any enactment (including the Act of 1979) in the period of ten years immediately preceding the date of commencement of the works.

(3) A grant shall not be paid in accordance with article 10 (1) (g) or (i) or article 11 (1) (e) or (g) where—

( a ) a grant has been paid, under any enactment (including the Act of 1979) in the period of ten years immediately preceding the date of commencement of the works, for the provision or improvement of the house, other than a grant paid for works specified in article 10 (1) (a), (b), (c), (d), (e) or ( f) or in article 11 (1) (a), (b), (c), or (d) or 11 (6) of these Regulations or in article 16(1) (c), (d), (e), (f), or (g) or 16 (3) or in article 19 (1) (b), (c) and (d) of the Regulations of 1980, or

( b ) the erection of the house was completed within the period of ten years immediately preceding the date of commencement of the works.

(4) A grant shall not be paid in accordance with article 10 (1) (h) or article 11 (1) (f) where—

( a ) a grant has been paid, under any enactment (including the Act of 1979) in the period of five years immediately preceding the date of commencement of the works, for the provision or improvement of the house, other than a grant paid for works specified in article 10 (1) (a), (b), (c), (d), (e) or ( f) or in article 11 (1) (a), (b), (c) or (d) or 11 (6) of these Regulations or in article 16 (1) (c) (d), (e), (f) or (g) or 16 (3) or in article 19 (1) (b), (c) and (d) of the Regulations of 1980, or

( b ) the erection of the house was completed within the period of five years immediately preceding the date of commencement of the works.

(5) A grant shall not be paid in accordance with article 10 (1) (f) or 11 (1) (d) where a grant in accordance with article 16 (1) (c) or 16 (3) of the Regulations of 1980 has been paid for improvement works to the house.

13. (1) Subject to sub-article (2), Part III of the Regulations of 1980 is hereby revoked.

(2) Nothing in sub-article (1) shall prevent the Minister from paying a grant under Part III of the Regulations of 1980 where the works were commenced before the 14th day of October, 1981 and the grant would otherwise have been properly payable in accordance with the provisions of Part III of the Regulations of 1980.

14. Sub-article (2) of article 28 of the Regulations of 1980 is hereby amended by the addition of the following words— "or in the Housing (House Improvement Grants) Regulations, 1983".

FIRST SCHEDULE

The Western Region being the region consisting of all of the counties of Cavan, Clare, Donegal, Galway, Kerry, Leitrim, Longford, Mayo, Monaghan, Roscommon, Sligo and

— the following parts of the County of Cork

— the former rural districts of Bantry, Castletown, Skull and Skibbereen;

— the District Electoral Divisions of Aultagh, Bealanageary, Bealock, Carrigboy, Coolmountain, Dunmanway North, Garrown and Milane in the former rural district of Dunmanway;

— The District Electoral Divisions of Clonfert East and Clonfert West, Kilmeen, Knockatooan, Rowls, Williamstown, Barnacurra, Glenlara and Meens in the former rural district of Kanturk;

— the District Electoral Divisions of Bealanageary, Candroma, Clearrath, Clondrohid, Derryfineen, Gurtnatubbrid, Inchigeelagh, Kilberrihert, Kilnamartery, Rahalisk, Slievereagh and Ullanes in the former rural district of Macroom;

— the District Electoral Divisions of Caherbarnagh, Coomlogane and Drishane in the former rural district of Millstreet; and

— the following parts of the County of Limerick

— the District Electoral Divisions of Kilfergus and Kilmoylan in the former rural district of Glin;

— the District Electoral Divisions of Abbeyfeale, Caher, Dromtrasna, Glenagower, Glensharrold, Mountcollins, Port, Rathronan, Rooskagh and Templeglentan in the former rural district of Newcastle;

— the District Electoral Divisions of Dunmoylan West and Mohernagh in the former rural district of Rathkeale;

— the Islands specified in the Second Schedule

SECOND SCHEDULE

Islands to which article 11 applies

GIVEN under the Official Seal of the Minister for the Environment

this 2nd day of November 1983.

DICK SPRING,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 2nd day of November 1983.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These regulations provide for the scheme of grants for certain house improvements introduced on 14th October 1981 and 27th April 1982 and revoke Part III of the Housing Regulations, 1980 which related to the former schemes of house improvement grants.

So that certain conditions applicable to the new improvement grant scheme can apply equally to the scheme of house improvement grants available on certain islands as provided for in Part III of the Housing Regulations 1980, that scheme has been modified.

The provisions of Part III relating to grants for group water and sewerage schemes are being substantially re-enacted.