Housing (Amendment) Act, 1950

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Number 25 of 1950.

HOUSING (AMENDMENT) ACT, 1950.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Financial Provisions.

PART III.

Housing Generally.

PART IV.

Control of Certain Premises.

PART V.

Housing of the Working Classes.

PART VI.

Labourers' Cottages.

PART VII.

Acquisition of Small Dwellings.

FIRST SCHEDULE.

Repeals.

SECOND SCHEDULE.

Grants to be made by the Minister.

Number 25 of 1950.

HOUSING (AMENDMENT) ACT, 1950.

AN ACT TO MAKE FURTHER AND BETTER PROVISION WITH RESPECT TO HOUSING, TO AMEND AND EXTEND THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1949, THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1948, THE LABOURERS ACTS, 1883 TO 1948, AND THE SMALL DWELLINGS ACQUISITION ACTS, 1899 TO 1948, AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [1st August, 1950.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title, construction and collective citation.

1.—(1) This Act may be cited as the Housing (Amendment) Act, 1950.

(2) This Act in so far as it amends the Housing of the Working Classes Acts, 1890 to 1948, the Labourers Acts, 1883 to 1948, the Small Dwellings Acquisition Acts, 1899 to 1948, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1949, shall be read and construed as one therewith respectively and may be cited together therewith as the Housing of the Working Classes Acts, 1890 to 1950, the Labourers Acts, 1883 to 1950, the Small Dwellings Acquisition Acts, 1899 to 1950, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1950.

Definitions.

2.—In this Act—

the expression “the Act of 1899” means the Small Dwellings Acquisition Act, 1899;

the expression “the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932);

the expression “the Act of 1937” means the Housing and Labourers Act, 1937 (No. 42 of 1937);

the expression “the Act of 1948” means the Housing (Amendment) Act, 1948 (No. 1 of 1948);

the expression “housing authority” means in the case of—

(a) a county health district, the council of the county in which such county health district is situate;

(b) a county or other borough, the corporation of such county or other borough, and

(c) an urban district, the council of such urban district;

the expression “the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1948, as amended by this Act;

the expression “the Labourers Acts” means the Labourers Acts, 1883 to 1948, as amended by this Act;

the expression “the Minister” means the Minister for Local Government.

Regulations.

3.—(1) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

(2) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to such provision of the Minister for Finance.

Expenses.

4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

5.—Each enactment mentioned in the First Schedule to this Act is hereby repealed to the extent specified in the third column with effect on the date specified in the fourth column of the Schedule.

PART II.

Financial Provisions.

Grants for house purchase.

6.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person purchasing a house on or after the passing of this Act a grant not exceeding the appropriate sum specified in the Second Schedule to this Act, if—

(a) erection of the house commenced or commences on or after the 1st day of November, 1947, and is completed on or before the 1st day of April, 1952, and is occupied for the first time on or after the date of completion of the purchase;

(b) the house complies with the rules set out in the First Schedule to the Act of 1932, as amended, in the case of houses completed on or after the passing of this Act, by section 14 of this Act;

(c) the house when purchased is occupied by the purchaser.

(2) The Minister shall not make a grant under this section in respect of a house for which a grant is or was made under any other enactment.

(3) The Minister shall not make more than one grant under this section to any person.

(4) The Minister shall not make a grant under this section in respect of a house for which he is prohibited from making a grant under subsection (3) of section 5 of the Act of 1932, as amended by section 4 of the Act of 1937.

(5) The Minister may make regulations for the purposes of this section.

(6) (a) Subsections (1) and (3) of section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), and subsections (1) and (3) of Section 24 of the Finance Act, 1949 (No. 13 of 1949), shall not apply to any instrument giving effect to the purchase of a house in respect of which a grant under this section may be made to the purchaser when the house is occupied by him and in lieu thereof such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted.

(b) Paragraph (a) of this subsection shall have effect if, but only if, the instrument contains a statement such as is referred to in subsection (4) of section 13 of the Finance (No. 2) Act, 1947 , or subsection (4) of section 24 of the Finance Act, 1949 , whichever is appropriate, and there is endorsed on the instrument a certificate under the seal of the Minister for Local Government that a grant under this section will be made to the purchaser when the house is occupied by him.

Grant by housing authority for house purchase or erection.

7.—(1) A housing authority may, in accordance with a scheme approved by the Minister, make, to a person erecting or purchasing a house in respect of which a grant is made under section 16 of the Act of 1948 or section 6 of this Act, a grant not exceeding the amount of the grant under such section.

(2) For the purposes of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.

Grants for reconstruction.

8.—(1) Where a person, occupying a house, applies to the housing authority for a grant for the reconstruction of the house, then, subject to the provisions of this section,—

(a) the housing authority may make a grant to him in respect of such reconstruction, and

(b) the Minister, with the consent of the Minister for Finance and subject to the prescribed regulations, may also make, out of moneys provided by the Oireachtas, a grant in respect of such reconstruction.

(2) This section does not apply to a person who is an agricultural labourer within the meaning of the Labourers Acts or who derives his livelihood solely or mainly from the pursuit of agriculture.

(3) A grant may be made under this section only if—

(a) the house to be reconstructed is suitable for occupation by persons of the working classes, and

(b) the rateable valuation, or the aggregate of the rateable valuations, of any land or buildings occupied by the applicant does not exceed twelve pounds, and

(c) the Minister is satisfied that the proposed reconstruction is necessary in order to prolong the life of the house or to arrest or prevent deterioration or that it will substantially improve the amenities of the house.

(4) Subsections (2), (4), (6), (7) and (8) of section 5 of the Act of 1937, as amended, shall apply in respect of grants under this section as if those grants were grants under the said section 5.

(5) The Minister may make regulations for the purposes of this section.

Power to make second grant.

9.—(1) The Minister may make a grant in respect of the reconstruction of a house under section 16 of the Act of 1948, or section 8 of this Act, notwithstanding that a grant for the erection or reconstruction of the house has previously been made under any enactment, provided that at least fifteen years have elapsed since the date of completion of the erection of the house or of the reconstruction in respect of which such grant was made.

(2) A grant in accordance with this section may be made only in respect of the construction of a new roof or the provision of additional accommodation which involves an increase in the total floor area of the house and which, in the opinion of the Minister, will relieve overcrowding in the house.

(3) For the purposes of this section the installation of water and sewerage facilities may be regarded as forming part of the works necessary for the provision of additional accommodation.

Disqualification of certain houses for grants.

10.—No grant shall be made under the Act of 1948 or this Act in respect of—

(a) a house which is erected on, or on any part of, the site of a building in respect of the destruction of which compensation has been paid or is payable under the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941);

(b) a reconstructed house where compensation has been paid or is payable under that Act in respect of damage to the building before reconstruction.

Payment of grant to successor of deceased applicant.

11.—To remove doubts, it is hereby declared that where the applicant for a grant under section 16 of the Act of 1948 or under any section of this Act dies before the grant is paid, the grant may be paid to his successor in title if the latter occupies the house when completed.

Amendment of section 5 (3) of Act of 1932.

12.—A certificate under paragraph (e) of subsection (3) of section 5 of the Act of 1932 that a house is suitable for reconstruction may be given, notwithstanding that reconstruction has already begun or has been completed and, accordingly, the words “before such reconstruction” in that paragraph are hereby deleted.

Conditions as to rates of wages and conditions of labour.

13.—The Minister shall not make a grant under any enactment, or a contribution to annual loan charges under section 6 of the Act of 1932, in respect of the erection or reconstruction of a house where it is shown to his satisfaction that, throughout the erection or reconstruction, rates of wages have not been paid or conditions of labour observed at least as advantageous to the persons employed on the work as the appropriate rates of wages or conditions of labour generally recognised from time to time by trade unions in the area, during the period beginning with the preparation of the site and ending with the completion of the work.

Amendment of First Schedule to Act of 1932.

14.—The First Schedule to the Act of 1932 is hereby amended by the substitution of the following rule for rule 2:

“2. The floor area of a house shall not be less than 500 square feet or more than 1,400 square feet.”

Amendment and extension of section 44 of Act of 1948.

15.—(1) Section 44 of the Act of 1948 shall apply to every case in which a grant for the erection of a house is made under section 6 of this Act or a grant for the reconstruction of a house is made by the Minister under section 8 of this Act and no grant for such reconstruction is made by the housing authority.

(2) Section 44 of the Act of 1948 is hereby amended, with effect from the passing of that Act, by the substitution, in subsections (1), (2) and (3), of “section 16 or 17” for “section 16”.

(3) Subsection (7) of section 51 of the Local Government (Ireland) Act, 1898 , shall not apply in relation to any refund payable by a local authority by reason of the operation of subsection (2) of this section.

Amendment of Second Schedule to Act of 1948.

16.—The Second Schedule to the Act of 1948 is hereby amended by the substitution in the first column of “£50” for “£35” as the maximum rateable valuation or aggregate of rateable value for the purposes of a grant in respect of a house the reconstruction of which is commenced on or after the passing of this Act.

PART III.

Housing Generally.

Provision of houses for persons not of working classes.

17.—(1) Subject to regulations made under this section, a housing authority may acquire land either by agreement with the consent of the Minister or compulsorily and may provide thereon or on any land acquired by them houses for sale or letting to persons irrespective of whether they are or are not members of the working classes or agricultural labourers, or sell or lease such land or any part of it to persons and public utility societies for the purpose and on the condition that such persons and societies shall erect and maintain thereon such number of houses as may be fixed by the housing authority and in accordance with plans approved by such authority.

(2) For the purposes of this section a housing authority shall—

(a) in the case of the council of a county, have the powers and be subject to the obligations conferred and imposed upon a housing authority by the Labourers Acts, and

(b) in every other case, have the powers and be subject to the obligations conferred and imposed upon a housing authority by the Housing of the Working Classes Acts.

(3) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a housing authority erecting a house under subsection (1) of this section, a grant not exceeding the appropriate sum specified in the Second Schedule to this Act if—

(a) erection is completed on or before the 1st day of April, 1952, and

(b) the house complies with the rules set out in the First Schedule to the Act of 1932 as amended by section 14 of this Act.

(4) The Minister shall not make a grant under this section in respect of a house for which a grant is or was made under any other enactment.

(5) Any acquisition, sale or lease of land by a housing authority effected before the passing of this Act which would be valid if effected under subsection (1) of this section shall be and be deemed always to have been validly effected under the appropriate Acts mentioned in subsection (2) of this section.

(6) The Minister may make regulations for the purposes of this section.

Provision of houses reserved for persons of particular class.

18.—A housing authority (other than the council of a county) may and, in the case of the corporation of a county borough or the corporation of the borough of Dún Laoghaire shall, if required by the Minister, provide reserved houses for occupation by persons of a particular class.

PART IV.

Control of certain Premises.

Continuance of section 8 of Act of 1948.

19.—Section 8 of the Act of 1948 (which prohibits the demolition or use, otherwise than as a dwelling-house, of certain habitable houses) shall continue in force until the 31st day of December, 1955.

Amendment of section 11 of Act of 1948.

20.—Section 11 of the Act of 1948 is hereby amended by the substitution, for subsection (3) of the following subsection:—

“(3) in this section the expression ‘multiple dwelling’ means premises containing two or more dwellings.”

Amendment of section 12 of Act of 1948.

21.—Subsection (2) of section 12 of the Act of 1948 is hereby amended by the substitution, for paragraph (b), of the following:—

“(b) a condition as to the number of dwellings which may from time to time be provided in the premises;”.

PART V.

Housing of the Working Classes.

Transfer of labourers' cottages, etc., to urban authority on change of boundaries.

22.—(1) Where land held by a local authority for the purposes of the Labourers Acts becomes or became part of an urban area, the following provisions shall have effect—

(a) the land may, subject to subsection (2) of this section, be transferred to the urban authority upon such terms as may be agreed between the two authorities;

(b) upon such transfer, or in the case of land transferred before the passing of this Act, upon such passing, the land shall be held by the urban authority for the purposes and subject to the provisions of the Housing of the Working Classes Acts and not of the Labourers Acts.

(2) Where a local authority propose to transfer a cottage under subsection (1) of this section to an urban authority, the following provisions shall have effect—

(a) the cottage shall not be so transferred until twelve months have elapsed since the cottage has come within the urban area;

(b) as soon as may be after the cottage has come within the urban area, the said local authority shall cause the tenant to be informed of his right, if any, to purchase the cottage under the Labourers Act, 1936 (No. 24 of 1936).

(3) In this section—

the expression “urban area” means a county or other borough or urban district;

the expression “urban authority” means, in relation to an urban area, the housing authority for the area.

Extension of Part I of Housing of Working Classes Act, 1890, to rural areas.

23.—For the purposes of Part 1 of the Act of 1890, as amended by section 3 of the Act of 1931, the council of a county shall be a local authority and shall have the like powers of borrowing as are conferred on them by section 37 of the Act of 1948.

PART VI.

Labourers' Cottages.

Provision of labourers cottages for letting to persons of working classes.

24.—(1) The council of a county may provide cottages under the Labourers Acts for letting to persons of the working classes, within the meaning of the Housing of the Working Classes Acts, living in a county health district.

(2) Any letting made before the passing of this Act which would be valid if made under this section shall be and be deemed always to have been a valid letting under the Labourers Acts.

(3) A person to whom a cottage has been let under this section shall not be entitled to purchase the cottage under the Labourers Act, 1936 (No. 24 of 1936).

(4) Paragraph (b) of subsection (1) of section 6 of the Act of 1932, as amended by section 23 of the Act of 1948, (which relates to the making of a contribution towards the annual loan charges incurred by a local authority in respect of money borrowed by them for the provision of housing accommodation for agricultural labourers) shall be construed as if the reference to money borrowed included a reference to money borrowed by a local authority for the provision of cottages under this section.

(5) For the purposes of this section the council of a county shall have the powers and be subject to the obligations conferred and imposed upon a housing authority by the Labourers Acts.

Application of Labourers Act, 1936, where cottage comes within urban area.

25.—Where a cottage provided under the Labourers Acts comes within an urban area within the meaning of section 22 of this Act, the Labourers Act, 1936 , shall continue to apply to the cottage until its transfer to the urban authority under the said section 22, notwithstanding that the cottage is no longer in a county health district.

Utilisation of land acquired under Labourers Acts.

26.—Notwithstanding anything to the contrary in any enactment, any land acquired by a local authority under the Labourers Acts may be used by the local authority for any of the purposes of those Acts.

Provision of shops and other amenities in connection with rural housing.

27.— Section 40 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), (which relates to the provision by a local authority of shops, playgrounds and other amenities in connection with housing accommodation) shall extend to a local authority in the exercise of its powers under the Labourers Acts.

Amendment of section 6 of Labourers (Ireland) Act, 1883.

28.—Section 6 of the Labourers (Ireland) Act, 1883, (which relates to the requisites of an improvement scheme of a sanitary authority) is hereby amended by the deletion of the words “The scheme shall avoid all interference with the demesne and amenity of residence of the owner of the lands proposed to be taken, or with any home farm, or lands immediately adjoining and customarily occupied with such residence”.

Power of Minister to prescribe forms, etc., and dispense with notices.

29.—(1) The Minister may make regulations prescribing anything which by the Labourers Acts is required to be prescribed and also the form of any notice, advertisement or other document and the scale of any map which is required or authorised to be used or given under or for the purposes of the said Acts.

(2) The Minister may dispense with the service of notices required to be published or served by a local authority under the Labourers Acts if he is satisfied that there is reasonable cause for dispensing with the service thereof.

(3) Any such dispensation may be given by the Minister either before or after the time at which the notice is required to be served and either unconditionally or upon such conditions as to the service of other notices or otherwise as the Minister thinks fit, due care being taken by the Minister to prevent the interests of any persons being prejudiced by the dispensation.

Amendment of section 43 of Act of 1948.

30.—Subsection (6) of section 43 of the Act of 1948 is hereby amended by the insertion, after the words “no objection”, of the words “other than a withdrawn objection”.

Continuance of Labourers Acts.

31.—The Labourers Acts shall continue in force until the 31st day of December, 1955.

PART VII.

Acquisition of Small Dwellings.

Definition of market value.

32.—The market value of a house for the purposes of section 1 of the Act of 1899 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 local authority, represents the reasonable cost of building the house, including so much, if any, of the legal and other expenses incidental thereto or to the acquisition of the tenement upon which the house is built or to be built, as the local authority may consider proper, but not including any fine, premium or other consideration for the acquisition of the leasehold interest in such tenement.

(b) in any other case, the amount which, in the opinion of the local authority, the house if sold in the open market might reasonably be expected to realise.

Estimation of market value.

33.—For the purposes of section 1 of the Act of 1899, the market value of a house may be estimated at the time when the plans of the house have been submitted by the applicant or by the builder to the local authority.

Minimum contribution by applicant for loan.

34.—An advance shall not be made under section 1 of the Act of 1899 unless the applicant contributes towards the purchase price or the cost of building at least five per cent. of the market value of the house, exclusive of a grant under any enactment.

Relinquishment of powers by urban district council.

35.—The council of an urban district which has adopted the Small Dwellings Acquisition Acts in accordance with section 9 of the Act of 1899 may, on such terms as may be agreed upon between the council and the council of the county, by resolution relinquish its powers, rights and liabilities under those Acts in favour of the council of the county, and, in that case, the powers, rights and liabilities so relinquished shall cease and the provisions of those Acts shall have effect as if the council of the urban district had not passed a resolution under section 9 of the Act of 1899.

Advances to joint proprietors.

36.—To resolve any doubts that may exist it is hereby declared that an advance under the Small Dwellings Acquisition Acts, 1899 to 1950, may be made to joint proprietors or owners and the said Acts shall be interpreted and administered accordingly.

Regulations for purposes of Small Dwellings Acquisition Acts, 1899 to 1950.

37.—The Minister may make regulations for the purposes of the Small Dwellings Acquisition Acts, 1899 to 1950.

FIRST SCHEDULE.

Repeals.

Section 5 .

SECOND SCHEDULE.

Grants to be made by the Minister.

Sections 16 and 17 .