S.I. No. 267/1950 - Housing (New Houses) Regulations, 1950.

S.I. No. 267 of 1950.

HOUSING (NEW HOUSES) REGULATIONS, 1950.

The Minister for Local Government in exercise of the powers conferred on him by Sections 16 , 19 and 20 of the Housing (Amendment) Act, 1948 , and Section 6 of the Housing (Amendment) Act, 1950 , and in exercise of all other powers enabling him in this behalf, hereby makes the following Regulations :—

PART I.

1.—(1) These Regulations may be cited as the Housing (New Houses) Regulations, 1950.

(2) The Housing (New Houses) Regulations, 1948 ( S.I. No. 90 of 1948 ) and these Regulations shall be read and construed as one and may be cited together as the Housing (New Houses) Regulations, 1948 and 1950.

2. In these Regulations :—

the expression " the Minister " means the Minister for Local Government ;

the expression " the Acts " means the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1950 ;

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

the expression " the Act of 1950 " means the Housing (Amendment) Act, 1950 (No. 25 of 1950) ;

the expression " the Regulations of 1948 " means the Housing (New Houses) Regulations, 1948 ( S.I. No. 90 of 1948 ) ;

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

the expression " appointed officer " means an officer appointed by the Minister for the purposes of the Acts.

3. Articles 6 and 7 of the Regulations of 1948 are hereby revoked.

4. The Regulations of 1948 are hereby amended by the substitution for Schedule 1 to the said Regulations of Schedule 1 to these Regulations.

5. 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.

PART II.

6. This Part of these Regulations shall apply only to houses in respect of the purchase of which a grant is sought from the Minister under Section 6 of the Act of 1950.

7.—(1) The conditions in respect of sites, aspect, planning, construction, sanitation and number per acre of houses set out in Schedule 1 to these Regulations shall be the prescribed conditions under Rule 4 of the First Schedule to the Principal Act in relation to houses to which this Part of these Regulations applies.

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

(3) In any case where the said conditions are not fully complied with the Minister may reduce the amount of the grant to such amount as he thinks fit.

8. The plans published by the Minister under the Housing (Building Facilities) Act, 1924 (No. 14 of 1924), and such other plans as may from time to time be published by the Minister and placed on sale shall be prescribed plans under Rule 5 of the First Schedule to the Principal Act in relation to houses to which this Part of these Regulations applies.

9. The date on which the construction of the foundations is begun shall be deemed to be the date on which the erection of a house to which this Part of these Regulations applies is commenced.

10. The date of execution of the lease, conveyance or other instrument transferring to the purchaser of the house the interest of the vendor shall be deemed to be the date when the purchase of a house to which this Part of these Regulations applies is completed.

11. Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the erection of a house to which this Part of these Regulations applies.

12. Where a house to which this Part of these Regulations applies contains or is connected with a shop or business premises, the appointed officer shall not grant a certificate of approval or a certificate of satisfactory completion in respect of the said house unless such shop or business premises has a distinct and separate entrance.

13. No grant shall be payable in respect of a house to which this Part of these Regulations applies and for which a certificate of approvalor a certificate of satisfactory completion has been issued by the appointed officer unless the Minister is satisfied as to the accuracy of such certificate.

14. Any person aggrieved by the neglect or refusal of an appointed officer to give a certificate required by this Part of these Regulations may appeal to the Minister and on such appeal the Minister may, as he shall think proper, give or refuse such certificate and the decision of the Minister on such appeal shall be final.

15. The procedure set out in Schedule II to these Regulations shall be complied with by the person erecting or purchasing a house to which this Part of these Regulations applies and by the appointed officer.

16. The forms set out in Schedule III to these Regulations or forms to like effect, varied as circumstances may require, shall be prescribed forms and shall be used for the purposes to which they are respectively expressed to be applicable in relation to houses to which this Part of these Regulations applies.

GIVEN under the Official Seal of the Minister for Local Government this Third day of October One Thousand Nine Hundred and Fifty.

MICHAEL J. KEYES,

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

P. McGILLIGAN,

Minister for Finance.

SCHEDULE I.

PRESCRIBED CONDITIONS IN RESPECT OF HOUSES.

1. The site of every house shall be on good open land and shall, unless works of development are intended in connection with the house, immediately adjoin or be accessible from a road or lane over which a right of way exists for vehicles. The site shall be level or of easy, regular gradient and situate at such elevation that the ground floor of the house will be above the level of the road and that the house may be easily drained and sewered.

2. Every house shall be so planned on its site that the greater number of the rooms in it may receive all available sunlight.

3. A house shall be set back not less than 35 feet from the centre of the road or 70 feet from the frontage of any building opposite, whichever is the greater.

4.—(1) A house may include a party wall of an existing building, but no other portion of an existing building.

(2) The expression " party wall " means a wall forming part of a building and used or constructed to be used in any part of its height or length for the separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons.

5.—(1) The floor area of a house shall be the sum of the areas of every floor. The area of any floor shall be measured within the external or containing walls of the house, and shall include any portion of such floor which is occupied by staircases, landings, chimney breasts, bay-windows and similar spaces or structures.

(2) The floor area of a room in a house shall be measured within the containing walls of such room, and shall include built-in cupboards or presses which have a minimum head room of seven feet but shall not include a chimney breast or a stair bulkhead which is less than seven feet from the ceiling.

(3) The area of the floor of any room in a house shall not be less than the appropriate area set out hereunder :—

6. The height of every room in a house shall, if the room is immediately below the roof, be not less than 8 feet throughout two-thirds of the area of the floor and not less than 6 feet throughout the remainder of the area of the floor. If the room is not immediately below the roof the height of the room throughout the area of the floor shall not be less than 8 feet.

7. Every house shall be constructed of brick, stone or concrete. The roof shall be covered with slates or tiles with an underlay of felt. The standard of construction shall be in accordance with one of the specifications published with the prescribed plans or equivalent thereto. The Minister may, however, approve of a special form of construction in respect of a particular house and shall determine in each case the amount of any grant which may be made in respect of any such house.

8. Every room in a house shall be provided with a window or windows of which the glass area shall not be less than one-tenth of the area of the floor of such room. One-half at least of every window shall be constructed to open when required.

9. The stairs in a house shall be so constructed that the going shall be not less than 9 inches, the rise shall not exceed 7½ inches and the width of the stairs shall not be less than 2 feet 9 inches, measured between handrail and wall finish, or between handrails. There shall be at least 6 feet head-room, as measured vertically from a line joining the nosings of the threads to any ceiling, soffit or other obstruction.

10.—(1) A house for which a sufficient water supply and means of drainage are available shall be provided with a sink and a water closet. Where sewers and water-mains are not available other approved sanitary accommodation shall be provided. Where rain-water is collected from roofs, some additional source of supply must be available for drinking purposes and as an alternative source of supply in dry weather.

(2) A bathroom or water closet shall not communicate directly with any living room, or kitchen.,

(3) In every case where sewers and water-mains are available, water shall be laid on to the house and house drains shall be provided to the line and description shown on the approved plans and described in the specification published with the prescribed plans.

(4) A housing authority shall not permit the drainage of more than fourteen houses by one common drain.

(5) Where a house is drained into a septic tank, the septic tank shall be watertight, provided with a sealed cover and ventilated, and communication with the house drain shall be by a ventilated intercepting trap with cleaning arm. The tank shall not be less than sixty feet distant from any dwelling house and shall be so constructed that both inlet and outlet T pieces are brought up and covered with gratings. An inspection chamber (without trap) shall be formed near the inlet and the drain shall be continued full bore 4 inches to the dwelling and extended as a cast-iron vent pipe 3 feet over the eaves and fitted with a wire cap. The septic tank shall have liquid capacity of not less than 300 gallons. Effluent shall be discharged over gravel or clinkers remote from spring wells. The tank shall be covered but means of access for cleaning shall be provided.

11.—(1) The gross acreage of the site of the house shall be the area of such site, together with a portion of any road abutting on it between the middle of such road and the nearest boundary of the site, measured in acres.

(2) The number of houses on any site where public piped water and sewerage services are available shall not exceed the appropriate density set out hereunder for each acre of the gross acreage of such site.

(3) Where flats are provided, the number of separate dwellings shall not exceed 30 per acre.

(4) Where public piped water and sewerage services are not available the curtilage of a house shall not be less than one-quarter of an acre.

(5) Each house shall have a minimum frontage of 20 feet.

SCHEDULE II.

PROCEDURE TO BE FOLLOWED BY PERSONS ERECTING OR PURCHASING A HOUSE TO WHICH PART II OF THESE REGULATIONS APPLIES.

1.—(1) Plans shall be submitted to the appointed officer in whose area the site of the house is situate in the form required by any local Act or by the bye-laws (if any) in force with regard to new streets and buildings. In every case, whether bye-laws are in force or not, the person proposing to erect the house shall submit to the appointed officer :—

(a) A site plan and house plan or, where it is intended to use one of the prescribed plans, a reference to the number of the plan and a statement as to which of the arrangements or construction shown on such plan is to be followed. Each house on a site plan shall be marked by a separate distinguishing number. Every house plan shall contain a schedule setting out the floor area of each room and the total floor area of the house ;

(b) An undertaking in writing that the standard of construction will be in accordance with one of the specifications issued with the prescribed plans or equivalent thereto ;

(c) Evidence in writing that where necessary the appropriate housing authority has approved of the plans under building bye-laws and any other similar enactments and has given permission for the construction of the house under the Town and Regional Planning Acts, 1934 and 1939.

(d) An undertaking in writing that throughout the erection of each house rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and 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 ;

(e) Where any form of construction is proposed other than brick, stone or concrete with roof covering by slates or tiles with an underlay of felt, a description of the method to be adopted and an undertaking that the construction will be carried out strictly in the form approved and will comply with one of the specifications issued with the prescribed plans in so far as it is applicable.

(2) As respects a house the erection of which is commenced on or before the 1st day of November, 1950, the applicant for the grant or the person who is erecting or has erected the house may submit to the appointed officer in whose area the house is situated :

(a) the site plan and the house plan containing a schedule showing the floor area of each room and the total floor area of the house ;

(b) evidence in writing that, where necessary, the plans have been approved under building bye-laws and permission for the construction of the house been given under the Town and Regional Planning Acts, 1934 and 1939 :

(c) a declaration in writing as to the rates of wages paid and conditions of labour observed and, where appropriate, as to the form of construction similar to the undertakings required pursuant to Paragraphs (d) and (e) of the preceding sub-article.

2. On receipt of such plans and other documents the appointed officer shall examine them and, if the plans and documents comply with the provisions of the Acts and of these Regulations, shall prepare in triplicate, a certificate of approval in Form X under his hand. One copy of the certificate, accompanied by the plans approved by the appointed officer, shall be issued to the applicant. The remaining copies of the certificate shall be given to the Minister and the housing authority respectively.

3. Where it is proposed to erect ten or more houses on one site the appointed officer shall not issue a certificate of approval until the Minister has approved of the site plan.

4. When a house has been completed, the person erecting the house shall apply to the appointed officer for a certificate that it has been completed in a proper and workmanlike manner, and the appointed officer, if so satisfied after an inspection of the house, shall issue in Form Y a certificate of satisfactory completion. A separate certificate shall be issued in respect of each house erected.

5. When a house in respect of which a certificate in Form Y has been issued is purchased, the said Form Y shall be transferred to the purchaser who shall forward such certificate to the Minister with a written application in Form Z for the grant and documentary evidence of his purchase of the house.

6. If the Minister is satisfied that the requirements of the Acts and of these Regulations have been complied with in respect of a house, he may make a grant in respect of such house to the person entitled thereto and shall notify the appointed officer and the housing authority concerned that such grant has been made.

7. Each appointed officer shall keep a register of certificates issued by him.

8. In any case where the appointed officer is not a person employed by the Minister, he may require the applicant to pay to him as remuneration, inclusive of out-of-pocket expenses, for his services as appointed officer a fee not exceeding two guineas for each type of house for which separate plans are submitted, provided that where three or more houses are to be erected in accordance with the same plan a fee not exceeding one guinea per house may be charged. The fee shall be paid to the appointed officer when application is made for the certificate of approval in Form X.

SCHEDULE III.

FORMS.

Form X. Certificate of appointed officer approving of proposals.

Form Y. Certificate of appointed officer of satisfactory completion.

Form Z. Application to Minister for grant.

  HOUSING (AMENDMENT) ACT, 1950 .

GRANTS TO PERSONS PURCHASING NEW HOUSES.

CERTIFICATE OF APPROVAL TO A PROPOSAL TO ERECT—NEW HOUSE(S).

This certificate must be sent to the appointed officer when the first application is being made to him for a certificate of satisfactory completion in Form Y. in respect of the house(s) referred to herein. The certificate will become invalid if the house(s) is/are not begun within six months from the date thereof and if it is then desired to proceed with the application, the certificate must be sent to the Minister for Local Government for renewal, together with details of the reasons for delay in commencing.

Name of Builder............................................................ ............................................................ .....................................

Address ............................................................ ............................................................ .................................................

............................................................ ............................................................ ............................................................ .....

This is to certify that I.................................................. being an appointed officer for the purpose, have approved the site, site plan, house plans and methods of construction proposed in respect of the house(s) described below and numbered ............................................... on the site plan submitted to me.

The erection of the house(s) did not commence before the 1st day of November, 1947.

The site, aspect, planning, methods of construction and sanitation and number of houses per acre comply with the conditions prescribed by the Housing (New Houses) Regulations, 1950.

The site of the house(s) is situate within the............................................................ ............................................

.............................................. of............................................................ ......................................

(Specify County, County Borough, Urban District, etc.)

Subject to the conditions set out on the back of this certificate the house(s) referred to above appear(s) to me to be eligible for grant(s) under Section 6 of the Housing (Amendment) Act, 1950 .

SCHEDULE.

Given under my hand this..................................................day of..........................................., 195............

(Signed).............................................

Appointed Officer.

CONDITIONS.

(a) A house to which this certificate relates must be completed in accordance with the approved plans on or before the date shown in column 8 of the Schedule on this certificate.

(b) Any such house when completed, must be certified by an appointed officer to have been completed in a proper and workmanlike manner.

(c) Notwithstanding this certificate by the appointed officer, payment of a grant will not be made until the Minister has satisfied himself as to the accuracy of such certificate.

(d) A house to which this certificate relates shall not be :

(i) a house erected in accordance with a reinstatement condition within the meaning of Section 10 of the Damage to Property (Compensation) Act, 1923 ;

(ii) a house 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 on foot of a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or under the Neutrality (War Damage to Property) Act, 1941 , or pursuant to an award made by the Compensation (Ireland) Commission ;

(iii) a house in respect of which a grant is or was made under any enactment.

(e) A house to which this certificate relates must comply with the requirements of the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1950, and the Housing (New Houses) Regulations, 1950.

(f) Any such house shall be open to inspection by the appointed officer or any other duly authorised officer of the Minister at any time before the grant is paid.

(g) A grant will not be paid in respect of a house if it is shown to the satisfaction of the Minister that rates of wages and conditions of employment generally recognised by Trade Unions in the area have not been paid or observed in the erection of the house.

(h) Materials and appliances manufactured or produced in Ireland must be used as far as possible in the erection of each house.

FORM Y.

HOUSING (AMENDMENT) ACT, 1950 .

GRANTS TO PERSONS PURCHASING NEW HOUSES.

CERTIFICATE OF SATISFACTORY COMPLETION OF A HOUSE.

Serial No. of Certificate X............

The application for grant printed on the back of this form should be completed by the person purchasing the house to which this Certificate relates and forwarded to the Minister for Local Government.

Name of Builder............................................................ ............................................................ .....................................

Address............................................................ ............................................................ ..................................................

............................................................ ............................................................ ............................................................ .....

This is to certify that the house set out in the Schedule below and comprised in Certificate X above referred to was inspected by me on......................................, 195....... and the house was then completed in a proper and workmanlike manner and in accordance with the requirements of the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1950, and the Housing (New Houses) Regulations, 1950

The house is of entirely new construction and is in all respects fit for human habitation.

The house is (not) occupied (by.............................................).

SCHEDULE.

Given under my hand this...............................................day of......................................., 195....

Signed..................................................

Appointed Officer.

............................................................ ........................... of ............................................................ ....................................

Specify County, County Borough, Urban District, etc.).

Form Z.

HOUSING (AMENDMENT) ACT, 1950 .

APPLICATION FOR GRANT IN RESPECT OF THE PURCHASE OF A NEW HOUSE.

To the Minister for Local Government.

I, ............................................................ ..................being the person by whom the

(BLOCK LETTERS, FULL CHRISTIAN NAMES).

house referred to in the accompanying Form Y was purchased, hereby make application for payment of a sum of £    , being the grant claimed by me under Section 6 of the Housing (Amendment) Act, 1950 , in respect of the house referred to in the said Certificate Y.

The purchase of the house by me was completed on the ...................................day, of.................................., 195......

The house has never previously been occupied.

The house has been purchased by me for my own occupation and is (will be) occupied by me.

The house was (will be) occupied for the first time on the........................day of....................., 195....

I have not purchased the house as agent or trustee for any other person nor will I occupy it as such agent or trustee.

I have never previously obtained a grant under Section 6 of the Housing (Amendment) Act, 1950 , in respect of the purchase of a house.

I enclose as evidence of the purchase by me of the house the following documentary evidence :—

............................................................ ............................................................ ............................................................ .....

executed by me and............................................................ ............................................................ ..............................

............................................................ ............................................................ ............................................................ .....

on the.................................day of........................195....

Signature ...........................................................

Address ............................................................ 

...........................................................

Date............................................................ .......