Local Government Act, 2001

• Permanent Page URL

PART 16

Land

Land disposals, notification of members.

183.—(1) The following provisions have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority:

(a) notices shall be sent or delivered to the members of the local authority giving particulars of—

(i) the land,

(ii) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries,

(iii) the person to whom the land is to be disposed of,

(iv) the consideration proposed in respect of the disposal,

(v) any covenants, conditions or agreements to have effect in connection with the disposal;

(b) at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution;

(c) if the local authority resolves by virtue of paragraph (b) that the disposal shall not be carried out, it shall not be carried out;

(d) if the local authority does not pass a resolution pursuant to paragraph (b), the disposal may be carried out;

(e) if the local authority resolves by virtue of paragraph (b) that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may be carried out in accordance with those terms;

(f) the disposal shall not be carried out otherwise than in accordance with paragraph (d) or (e) and subject to the consent of the Minister where consent is required under section 211(2) of the Act of 2000.

(2) Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992 ) of the Housing Act, 1966 , is amended by the substitution of the following for subsection (4):

“(4) (a) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.

(b) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000 , and for the purposes of this paragraph ‘land’ does not include a dwelling.”.