Housing Act, 1969

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Number 16 of 1969

HOUSING ACT, 1969

ARRANGEMENT OF SECTIONS

Number 16 of 1969

HOUSING ACT, 1969

AN ACT TO MAKE PROVISION TO CONTROL THE DEMOLITION OR USE OTHERWISE THAN FOR HUMAN HABITATION OF CERTAIN HOUSES, TO AMEND SECTION 66 OF THE HOUSING ACT, 1966 , AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [15th July, 1969.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ;

“the Act of 1966” means the Housing Act, 1966 ;

“development” has the same meaning as in section 3 of the Act of 1963;

“habitable house” means a house situate in the functional area of a housing authority other than a house in relation to which a housing authority have made a closing order, a demolition order or accepted an undertaking under section 66 (5) of the Act of 1966, or in relation to which a notice under section 3 (1) of the Local Government (Sanitary Services) Act, 1964 , has been given;

“house” means a building or part of a building which is—

(a) used as a dwelling, or

(b) not used as a dwelling but which, when last used, was used as a dwelling;

“housing authority” means, in the case of a town having commissioners under the Towns Improvement (Ireland) Act, 1854 , the council of the county in which the town is situate;

“planning authority” has the same meaning as in the Act of 1963;

“site” includes, in relation to a house, any outoffice, yard or garden (whether used as such or not) and any other land which on the date of an application under section 3 is appurtenant to the house to which the application relates and in case any such outoffices, yard or garden ceases to exist, includes the land on which the outoffice was built, or which comprised such yard or garden.

(2) In this Act, a reference to a section is to a section of this Act and a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment or provision, as may be appropriate, is intended.

General obligation to obtain permission.

2.—(1) Subject to section 9, permission shall be required under this Act in respect of—

(a) the demolition, either in whole or in part, other than a demolition for the purpose of providing an extension or other improvement or for the purpose of carrying out works of maintenance, and

(b) the use otherwise than for human habitation,

of any habitable house.

(2) A person shall not carry out any demolition or cause or permit any change of use of a house in respect of which permission is required under subsection (1) save under and in accordance with a permission granted under this Act.

(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a further fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.

(4) Where an offence under this section is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons, and is proved to have been so committed with the consent or approval of, or to have been facilitated by any default on the part of any person being, in the case of a body corporate, a director, manager, secretary or other officer thereof, or in the case of an unincorporated body, a member of the committee of management or other controlling authority thereof, that person shall also be guilty of the offence.

Applications for permission.

3.—(1) Every application for a permission under this Act shall be made to the housing authority in whose functional area the house to which the application relates is situate and every such application shall comply with the requirements of subsections (2) and (4).

(2) An application under subsection (1) shall be in writing signed by or on behalf of the applicant and accompanied by—

(a) a plan or location map which in the opinion of the housing authority is sufficient to identify the house to which the application relates, and

(b) a statement of the name and address of the applicant and his interest in such house (indicating in particular the nature of the tenancy, if any), together with—

(i) in case it is proposed wholly or partly to demolish the house—a statement of the use to which it is proposed to put any or all, as may be appropriate, of the following, namely, the land comprising the site of such house or part of such house, the buildings which support such house or part and any buildings with which it is proposed to replace such house or part, or

(ii) in case it is proposed to use such house otherwise than for human habitation—a statement of the proposed change of use.

(3) An application under subsection (1) may be accompanied by particulars of any residential accommodation, contribution or payment of the kind mentioned in paragraphs (a), (b) and (c) of section 4 (3) which will be provided or made by or on behalf of the applicant in relation to the proposed demolition or change of use.

(4) An application made under subsection (1) shall be made either by leaving the application during office hours at the office of the secretary or clerk of the appropriate housing authority or at such other office of the authority as the authority considers appropriate or by sending it by post in a prepaid registered letter addressed to the said authority.

(5) On receipt of an application under subsection (1) the housing authority shall stamp the documents with the date of their receipt and shall give or send to the applicant or the person acting on his behalf an acknowledgement in writing stating the date of receipt of the application.

(6) A housing authority may by notice in writing require to be furnished to them such further particulars as they may specify for the purpose of enabling them to consider an application under subsection (1) and may, in particular and without prejudice to the generality of the foregoing, require evidence to verify any particulars furnished with the application.

Permission for demolition or use otherwise than for human habitation of habitable house.

4.—(1) Where an application is made to a housing authority in accordance with section 3 for permission for the demolition in whole or in part of any habitable house or the use of any such house otherwise than for human habitation, the authority may grant, subject to or without conditions, or refuse the permission.

(2) In determining an application made under section 3 a housing authority shall have regard to the state of repair of the house to which the application relates and to the adequacy of the supply of housing available in their functional area.

(3) Conditions under subsection (1) may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) a condition either requiring the provision by or on behalf of the applicant within a specified period of residential accommodation wholly or partly to replace the accommodation which it is intended to demolish or use otherwise than for human habitation or requiring a contribution by or on behalf of the applicant (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) incurred, or which is likely to be incurred, by a housing authority in providing such residential accommodation;

(b) a condition requiring a contribution by or on behalf of the applicant (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) incurred, or which is likely to be incurred, by a housing authority in providing accommodation to rehouse any person who will be displaced by reason of the intended demolition or change of use; provided that in case the house or a part of the house to which an application under section 3 relates is a controlled dwelling, the housing authority shall take into account any payment made or to be made under section 29 (1) (j) of the Rent Restrictions Act, 1960 , to any such person in respect of the displacement and may before providing such accommodation require part of such payment to be paid to them by or on behalf of the person;

(c) in case the house or a part of the house to which an application under section 3 relates is not a controlled dwelling, a condition requiring the payment (either in one sum or by instalments) by or on behalf of the applicant to any person who will be displaced from such house or part as a result of the intended demolition or change of use of such sum as the authority think proper for the purpose of enabling the person, without incurring hardship, to secure appropriate alternative accommodation;

(d) a condition requiring the taking of such reasonable steps in relation to works of demolition as will ensure that the works, either while being carried out or when completed, will neither cause injury to any adjoining or adjacent building nor interfere with the stability thereof and requiring the works to be carried out in such manner as may be specified in the condition.

(4) In case a housing authority when determining an application under section 3 for a permission for the demolition in whole or in part of any habitable house or the use of any such house otherwise than for human habitation decide to grant the permission subject to any or all of the conditions referred to in paragraphs (a) (b) and (c) of subsection (3) they may at the same time, if they think fit, decide to grant the permission subject to a further condition whereby the demolition or change of use shall not be carried out until the condition or conditions so referred to has or have been complied with and in case a permission is granted under this section subject to such a further condition this Act shall be construed and shall have effect in accordance with the further condition.

(5) (a) Where—

(i) an application is made to a housing authority in accordance with section 3 for a permission under this section, and

(ii) the housing authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the authority to grant the permission shall be regarded as having been given on the last day of that period.

(b) In paragraph (a), “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to give further particulars or to produce evidence in relation to the application has or have been given by the housing authority pursuant to section 3 (6) within the period of five weeks beginning on the day of receipt by the housing authority of the application—the period of five weeks beginning on the day on which the notice or notices has or have been complied with,

(ii) in any other case—the period of five weeks beginning on the day of receipt by the housing authority of the application.

(6) (a) Any person to whom a permission under subsection (1) has either been refused or granted subject to conditions may, at any time before the expiration of the period of three weeks beginning on the day on which he is notified of the decision, appeal to the Minister against the decision.

(b) Where an appeal is taken under this subsection from a decision of a housing authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the housing authority as from the time when it was given; and the provisions of this Act (other than subsection (5)) shall apply, subject to any necessary modification, in relation to the determination of the application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a housing authority.

(7) A decision of the Minister given under subsection (6) shall, for the purposes of this Act, have effect as if it were a decision under this Act of the housing authority from whose decision the relevant appeal was taken.

(8) Where a decision given under this section (whether on the original application or on appeal) by which any permission is refused or is granted subject to conditions, the notification of such decision shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions.

(9) A person shall not be entitled solely by reason of a permission under this section to carry out any works or use a house otherwise than as a dwelling.

(10) Nothing in this section shall prejudice or affect any remedy available to any person in respect of an injury (whether actual or prospective) to land, either at common law or otherwise.

(11) Money received under a condition mentioned in paragraph (a) or paragraph (b) of subsection (3) by a housing authority shall be applied by the authority for a purpose approved by the Minister for which capital money may be properly applied.

(12) In this section, “controlled dwelling” has the meaning assigned to it by section 2 of the Rent Restrictions Act, 1960 .

Housing authority may require a house to be made fit for human habitation.

5.—(1) Where a housing authority are of opinion that a person has, for the purpose of avoiding the provisions of this Act, caused or permitted a house to deteriorate to the extent that it ceases to be a habitable house, the authority if they think fit may, notwithstanding the condition of the house or the cost of repairs, serve on the owner of the house and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house whether as mortgagee, tenant or otherwise, a notice in writing (in this Act referred to as a reinstatement notice) requiring the owner to execute, within a period specified in the notice being not less than twenty-eight days beginning on the date of service of the notice, such works as may be necessary to make the house fit for human habitation and in particular, a reinstatement notice shall specify the period within which an appeal may be made under section 72 of the Act of 1966 against the notice and may, if the authority think fit, specify the works which are, in the opinion of the authority, necessary to make the house fit for human habitation, and such owner, his servants or agents shall carry out the works necessary to comply with the requirements of the notice and may, for that purpose, enter on any land.

(2) A reinstatement notice shall become operative:

(a) in case an appeal is made by virtue of section 8 against the notice and the court, on such appeal, confirms the notice with or without modifications, alterations or additions—on the determination of the appeal by the court or on such other date as the court may decide;

(b) in any other case—on the expiration of the period ending twenty-one days after the date of the service of the notice.

Enforcement of reinstatement notice.

6.—(1) If the requirements of a reinstatement notice have not been complied with in any respect, then, after the expiration of the period for compliance specified in the notice, or if an appeal has been made under section 72 of the Act of 1966 against the notice and upon the appeal the notice has been confirmed with or without variation, after the expiration of such period or such other period as the court may in determining the appeal allow, the following provisions shall apply:

(a) the owner of the house to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and

(b) the housing authority may do anything required to be done by the notice or by the notice as varied by the court, and for that purpose the authority, their servants or agents may enter on any land.

(2) Where a housing authority are about to enter a house for the purpose of doing any works under subsection (1), the authority shall give notice of their intention to do so to the owner of the house and, at their discretion, to any other person having an interest in the house whether as mortgagee, tenant or otherwise, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the last-mentioned works in order to obviate danger to any person.

Recovery of instalments mentioned in section 4 (3) and expenses incurred by a housing authority under section 6 (1).

7.—(1) In case a permission under section 4 (1) is granted subject to the payment of a contribution mentioned in section 4 (3) or any expenses have been incurred by a housing authority under section 6 (1), the housing authority to whom the contribution is payable or by whom the expenses have been incurred, as the case may be, may make a demand in writing of the owner of the relevant house, or in case the house has been demolished, the site on which the house was built, for the payment of any amount payable on foot of the contribution or of the expenses, as may be appropriate, and if after the expiration of fourteen days from the date of the demand, the amount or expenses or any part thereof has or have not been paid, the sum which is unpaid and consequential expenses together with interest, at the rate of interest at which the authority can, on the date when the demand is made, borrow from the local loans fund, may, without prejudice to any other method of recovery, be recovered either in whole or in part by the authority in one or more of the following ways:

(a) by requiring the occupier of such house, or in case the house has been demolished, the land or part thereof which formerly comprised the site of the house (whether the occupation commenced before or after the sum outstanding became due) to pay to the authority any rent or payment in lieu of rent then due or thereafter to become due by him until the sum and consequential expenses outstanding with any interest due thereon is paid to the authority, or in case the house or land or any part thereof is or becomes vacant, by letting the same, until the said sum and consequential expenses are so paid, on such terms and conditions as the authority think fit, provided that the authority shall serve on the owner of the house or site not less than twenty-one days' notice either, as may be appropriate, of their intention to require the occupier to pay to them any rent or other payment so due, or of the terms and conditions upon which they propose so to let the house, site or part or of any variation which they propose to make in such terms and conditions;

(b) by making an order (in this section referred to as a charging order) charging the house, or in case the house has been demolished, the site on which the house was built, and, at the discretion of the housing authority, all other land held therewith by the same tenure or under the same tenancy, with the sum and the consequential expenses, with interest thereon;

(c) by recovery from the owner of the house, or in case the house has been demolished, the site on which the house was built, or from the person receiving the rent of the house or site as a simple contract debt in a court of competent jurisdiction, provided that, if the person proves that he is receiving the rent merely as an agent or trustee for some other person, and has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

(2) The service of a notice under subsection (1) (a) upon an owner shall operate to transfer to the housing authority the exclusive right to recover, receive and give a discharge for the rent or other payment payable by virtue of subsection (1) to the authority and if at any time during the period when the rent or other payment is so receivable by the authority, the owner, after being requested by the authority, refuses to execute as respects the house or the site on which the house was built, as may be appropriate, any maintenance or other works for which he as owner is liable, the authority may execute the works and any expenses incurred by the authority in executing the works shall be recoverable by the authority in like manner as the expenses mentioned in subsection (1).

(3) Subsections (4), (5), (6) and (7) of section 71, and section 72 of the Act of 1966 shall apply to a charging order in the same manner as they apply to an order made under subsection (1) (c) of the said section 71 and for that purpose references in the said subsections (4), (5), (6) and (7) and in the said section 72 to a charging order shall be construed as including references to a charging order within the meaning of this section.

(4) In calculating consequential expenses described in this section, any costs incidental to the recovery of the amount due, including costs in relation to the registration of a charging order in the Registry of Deeds or by the registering authority, shall be included by the housing authority.

Appeals relating to reinstatement notices and demands for expenses may be made under section 72 of Act of 1966.

8.—Any person aggrieved by a reinstatement notice or by a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a reinstatement notice may, within the period ending twenty-one days after the date of the service of the notice or the making of the demand, appeal to the Circuit Court under section 72 of the Act of 1966 and the provisions of subsections (1) and (2) of that section shall apply in the same manner as they apply to an appeal against a repairs notice within the meaning of that Act or to a demand for the recovery of expenses incurred under section 69 (1) of that Act by a housing authority and for the purpose of such appeals the reference in the proviso to subsection (1) of the said section 72 to a repairs notice and the references in subsection (2) of the said section to a notice shall each be construed as including a reference to a reinstatement notice.

Non-application of Act in certain cases.

9.—(1) This Act shall not apply to the demolition in whole or in part or the use otherwise than for human habitation of any habitable house where—

(a) a planning authority or the Minister has, before the passing of this Act, decided to grant a permission or approval under section 26 of the Act of 1963 for development involving the demolition or change of use, or

(b) the demolition or change of use is required or authorised under or in pursuance of any enactment or for any statutory purpose.

(2) A permission under this Act shall not be required in relation to the use otherwise than for human habitation of part of any habitable house for, but only for, so long as the house is principally used as a dwelling and the change of use does not cause to reside elsewhere a person who, immediately before the change of use, was ordinarily resident in such house.

Provisions applicable where permission required under this Act and under Act of 1963.

10.—In case a permission is required under this Act and under Part IV of the Act of 1963 in relation to a habitable house, the application for a permission under the Act of 1963 may be made at any time and whenever the application under the Act of 1963 is made the following provisions shall apply:

(a) the application under the Act of 1963 shall not be decided until an application under section 3 has been fully determined;

(b) subject to paragraph (c), the references in section 26 (4) (b) of the Act of 1963 to the period of two months beginning on the day of receipt by the planning authority of the application shall be construed as references to the period of five weeks beginning on—

(i) in case no appeal is taken under section 4—the day on which the decision is given, or is regarded as having been given, under this Act by the housing authority, and

(ii) in case an appeal is so taken—the day on which the appeal is withdrawn or is determined by the Minister, as may be appropriate,

provided that, in case the day mentioned in subparagraph (i) or the day mentioned in subparagraph (ii) occurs less than two months after the receipt by the planning authority of the application, this paragraph shall not have effect;

(c) in case a permission under this Act is refused (whether on the original application or on appeal), the application under the Act of 1963, in so far, but only in so far, as it relates to the relevant house, shall not be considered and accordingly section 26 (4) (a) of the Act of 1963 shall cease to apply in relation to the house; and

(d) in case a permission under this Act is granted subject to conditions, the planning authority or the Minister when considering the application or the appeal, as the case may be, under the Act of 1963 shall have regard to the conditions.

Amendment of section 66 of Act of 1966.

11.—Section 66 of the Act of 1966 is hereby amended by:

(a) the insertion of “(including conditions requiring the taking of such reasonable steps as will ensure that the works, either while being carried out or when completed, will neither cause injury to any adjoining or adjacent building nor interfere with the stability thereof)” after “conditions” in subsection (7); and

(b) the deletion of “repairs notice,” in subsection (17).

Transitional.

12.—In case an application under the Act of 1963 in respect of development involving the demolition or use otherwise than for human habitation of a habitable house is made and a decision under Part IV of the said Act has not been given by a planning authority before the passing of this Act, the following provisions shall apply:

(a) the application, in so far as it relates to such demolition or use, shall be treated as an application for a permission under this Act and for that purpose shall be deemed to be an application made in accordance with section 3 on the date of the passing of this Act and such application shall first be determined by the housing authority under this Act and until the requirements of this paragraph have been complied with by the housing authority, subject to paragraphs (b) and (c), section 26 (4) (a) of the Act of 1963 shall not have effect in relation to the application;

(b) in case permission under this Act is refused, the application in so far, but only in so far, as it relates to the house shall not be further considered under the Act of 1963 and accordingly the said section 26 (4) (a) shall cease to apply in relation to the house; and

(c) in case permission under this Act is granted, the references in section 26 (4) (b) of the Act of 1963 to the period of two months beginning on the day of receipt by the planning authority of the application shall be construed as references to the period of five weeks beginning on—

(i) in case no appeal is taken under section 4—the day on which the decision is given, or is regarded as having been given, under this Act by the housing authority, and

(ii) in case an appeal is so taken—the day on which the appeal is withdrawn or is determined by the Minister, as may be appropriate,

provided that, in case the day mentioned in subparagraph (i) or the day mentioned in subparagraph (ii) occurs less than two months after the receipt by the planning authority of the application, this paragraph shall not have effect.

Short title, construction, collective citation and duration.

13.—(1) This Act may be cited as the Housing Act, 1969.

(2) This Act and the Act of 1966 shall be construed together as one Act and may be cited together as the Housing Acts, 1966 and 1969

(3) This Act (other than section 11 and subsections (1) and (2)) shall continue in operation until the 31st day of December, 1972, and shall then expire unless continued in force by an order made under and in accordance with subsections (4) and (5).

(4) Subject to subsection (5), the Minister may from time to time by order continue this Act (other than section 11 and subsections (1) and (2)) in force for a continuous period commencing on the 1st day of January, 1973.

(5) Where an order is proposed to be made under subsection (4), a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.