Number 22/2009: Housing (Miscellaneous Provisions) Act 2009

Next (PART 1 PRELIMINARY AND GENERAL )

22 2009

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Number 22 of 2009

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

ARRANGEMENT OF SECTIONS

PRELIMINARY AND GENERAL

Section

1. Short title, collective citation, construction and commencement.

2. Interpretation.

3. Regulations.

4. Ministerial directions.

6. Limitation on Ministerial power.

8. Consequential amendments.

FUNCTIONS OF HOUSING AUTHORITIES

Housing Services

10. Provision of housing services.

11. Provision of ancillary services.

12. Funding for housing services.

13. Housing authority resources.

Housing Services Plan

14. Obligation to make housing services plan.

15. Content of housing services plan.

16. Preparation of draft plan and making of plan.

17. Variation of housing services plan.

18. Housing action programme.

Social Housing Support

19. Provision of social housing support.

20. Social housing assessment.

21. Summary of social housing assessments.

22. Allocation of dwellings.

Rental Accommodation Arrangements

23. Interpretation (Chapter 4).

24. Rental accommodation availability agreement.

25. Chapter 4 tenancy agreement.

26. Expenses incurred by housing authority.

27. Non-application of certain provisions to disposals for purposes of this Chapter.

Management and Control Functions

28. Management and control functions.

29. Tenancy agreements.

30. Delegation of management and control functions.

31. Rent schemes and charges.

32. Information requirements.

33. Moneys owing to housing authority.

34. Arrangements with households for payment of moneys due and owing to housing authority.

35. Anti-social behaviour strategy.

Homelessness Action Plans

36. Interpretation (Chapter 6).

37. Homelessness action plan.

38. Homelessness consultative forum.

39. Management group.

40. Preparation of draft plan and making of plan.

41. Ministerial directions.

42. Power of Minister to prescribe body as specified body.

INCREMENTAL PURCHASE ARRANGEMENTS

43. Interpretation (Part 3).

44. Application of Part 3 to certain dwellings.

45. Sale of dwelling by incremental purchase arrangement.

46. Charging order.

47. Suspension of reduction of charged share.

48. Control on resale of dwelling sold under an incremental purchase arrangement.

49. Regulations (Part 3).

TENANT PURCHASE OF APARTMENTS

50. Interpretation (Part 4).

51. Consideration of designation of apartment complex.

52. Preparation of draft proposal to designate apartment complex.

53. Proposal to designate apartment complex.

54. Tenant plebiscite.

55. Designation of apartment complex.

56. Initial selling period.

57. Establishment and objects of management company.

58. Annual meetings and reports of management company.

59. Transfer of ownership of designated apartment complex to management company.

60. Lease of apartment to housing authority.

61. Consequences of designation lapsing under section 55.

62. Costs incurred by management company.

63. Management, control and maintenance of designated apartment complex.

64. Sale by housing authority of apartments to tenants.

65. Management company provisions.

66. Automatic transfer of membership of management company on sale of apartment.

67. Apartment complex service charge.

68. Sinking fund.

69. Management company annual charges.

70. Apartment complex support fund.

71. Dispute between housing authority and management company arising under section 70(10).

72. Accounts of management company.

73. Property services agreement.

74. Charging order.

75. Suspension of reduction of charged share.

76. Control on resale of apartment subject to a charging order.

77. Regulations (Part 4).

AFFORDABLE DWELLING PURCHASE ARRANGEMENTS

78. Interpretation (Part 5).

79. Provision of dwellings.

80. Direct sales agreement.

81. Open market dwelling.

82. Application of Part 5.

83. Affordable dwelling purchase arrangements.

84. Assessment of eligibility of household for affordable dwelling purchase arrangement.

85. Scheme of priority for affordable dwelling purchase arrangements.

86. Charging order.

87. Payments by purchaser during charged period.

88. Registration of charging orders and agreements with financial institutions.

89. Repayment on expiration of charged period.

90. Control on resale of dwelling purchased under affordable dwelling purchase arrangement.

91. Recovery of amounts due to housing authority.

92. Valuation of dwelling for certain purposes.

93. Discharge of charging order.

94. Affordable Dwellings Fund.

95. Regulations (Part 5).

96. Transitional arrangements and savings provisions.

PROVISIONS IN RESPECT OF CERTAIN GRANTS

97. Grants in respect of provision of sites under section 57 of Principal Act.

98. Control on resale of certain sites or dwellings thereon.

99. Repayment of adaptation grant.

AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004

100. Amendments to Residential Tenancies Act 2004.

Repeals

Consequential Amendments

Amendments to Housing Act 1966

Amendments to Housing Finance Agency Act 1981

Amendments to Housing Act 1988

Amendments to Housing (Miscellaneous Provisions) Act 1992

Amendments to Housing (Miscellaneous Provisions) Act 1997

Amendments to Housing (Traveller Accommodation) Act 1998

Amendments to Planning and Development Act 2000

Amendment to Civil Registration Act 2004

Amendment to Social Welfare Consolidation Act 2005

Terms and Conditions of Tenancy Agreement

Information to be Included in Property Services Agreement

Acts Referred to

Arbitration Acts 1954 to 1998
Central Bank Act 1971	1971, No. 24
Civil Registration Act 2004	2004, No. 3
Companies Acts
Conveyancing Acts 1881 to 1911
Family Home Protection Act 1976	1976, No. 27
Garda Síochána Act 2005	2005, No. 20
Health Acts 1947 to 2008
Housing Finance Agency Act 1981	1981, No. 37
Housing (Miscellaneous Provisions) Act 1979	1979, No. 27
Housing (Miscellaneous Provisions) Act 1992	1992, No. 18
Housing (Miscellaneous Provisions) Act 1997	1997, No. 21
Housing (Miscellaneous Provisions) Act 2002	2002, No. 9
Housing (Traveller Accommodation) Act 1998	1998, No. 33
Housing Act 1966	1966, No. 21
Housing Act 1988	1988, No. 28
Housing Acts 1966 to 2004
Land Law (Ireland) Act 1881	1881, c. 49
Local Government Act 2001	2001, No. 37
Planning and Development Act 2000	2000, No. 30
Registration of Title Act 1964	1964, No. 16
Residential Tenancies Act 2004	2004, No. 27
Social Welfare Acts
Social Welfare Consolidation Act 2005	2005, No. 26
State Authorities (Public Private Partnership Arrangements) Act 2002	2002, No. 1
Taxes Consolidation Act 1997	1997, No. 39
Vocational Education Act 1930	1930, No. 29

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Number 22 of 2009

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

		AN ACT TO MAKE FURTHER PROVISION FOR THE FUNCTIONS OF HOUSING AUTHORITIES; TO PROVIDE FOR THE MAKING OF HOUSING SERVICES PLANS; TO PROVIDE FOR THE CARRYING OUT OF SOCIAL HOUSING ASSESSMENTS FOR THE PURPOSES OF SOCIAL HOUSING SUPPORT AND THE ALLOCATION OF DWELLINGS; TO PROVIDE FOR RENTAL ACCOMMODATION ARRANGEMENTS; TO PROVIDE FOR THE MANAGEMENT AND CONTROL FUNCTIONS OF HOUSING AUTHORITIES; TO PROVIDE FOR THE MAKING OF HOMELESSNESS ACTION PLANS; TO PROVIDE FOR THE MAKING OF AN ANTI-SOCIAL BEHAVIOUR STRATEGY; TO MAKE FURTHER PROVISION FOR TENANT PURCHASE OF DWELLINGS UNDER INCREMENTAL PURCHASE ARRANGEMENTS; TO PROVIDE FOR THE TENANT PURCHASE OF APARTMENTS; TO PROVIDE FOR THE SALE OF CERTAIN DWELLINGS UNDER AFFORDABLE DWELLING PURCHASE ARRANGEMENTS; TO MAKE FURTHER PROVISION RELATING TO STANDARDS FOR RENTED HOUSES AND TO PROVIDE FOR THE GIVING OF IMPROVEMENT NOTICES AND PROHIBITION NOTICES TO LANDLORDS; FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE HOUSING ACTS 1966 TO 2004, TO AMEND THE HOUSING FINANCE AGENCY ACT 1981, THE PLANNING AND DEVELOPMENT ACT 2000, THE CIVIL REGISTRATION ACT 2004, THE RESIDENTIAL TENANCIES ACT 2004 AND THE SOCIAL WELFARE CONSOLIDATION ACT 2005 AND TO PROVIDE FOR RELATED MATTERS.
		[15th July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: