(LRC Revised)

Number 22 of 2009

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 31 December 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Housing (Miscellaneous Provisions) Act 2009

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

National Training Fund (Amendment) Act 2025

(21/2025), enacted 23 December 2025, and all statutory instruments up to and including

the

European Union (Restrictive Measures concerning Iraq) Regulations 2026

(S.I. No. 1 of 2026), made 6 January 2026, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

22

of

2009

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 31 December 2025

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY AND GENERAL

Section

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

2. Interpretation.

3. Regulations.

4. Ministerial directions.

5. Guidelines.

6. Limitation on Ministerial power.

7. Repeals.

8. Consequential amendments.

9. Expenses.

PART 2

FUNCTIONS OF HOUSING AUTHORITIES

Chapter 1

Housing Services

10. Provision of housing services.

11. Provision of ancillary services.

12. Funding for housing services.

13. Housing authority resources.

Chapter 2

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.

Chapter 3

Social Housing Support

19. Provision of social housing support.

20. Social housing assessment.

21. Summary of social housing assessments.

22. Allocation of dwellings.

Chapter 4

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.

Chapter 5

Management and Control Functions

28. Management and control functions.

29. Tenancy agreements.

29A. Revision of existing 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.

Chapter 6

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.

PART 3

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

).

PART 4

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

).

PART 5

AFFORDABLE DWELLING PURCHASE ARRANGEMENTS

78.

Interpretation (

Part 5

).

(Repealed)

79. Provision of

dwellings.

(Repealed)

80. Direct sales

agreement.

(Repealed)

81. Open market

dwelling.

(Repealed)

82. Application

of

Part 5

.

(Repealed)

83. Affordable

dwelling purchase arrangements.

(Repealed)

84. Assessment

of eligibility of household for affordable dwelling purchase arrangement.

(Repealed)

85. Scheme of

priority for affordable dwelling purchase arrangements.

(Repealed)

86. Charging

order.

(Repealed)

87. Payments by

purchaser during charged period.

(Repealed)

88. Registration

of charging orders and agreements with financial institutions.

(Repealed)

89. Repayment on

expiration of charged period.

(Repealed)

90. Control on

resale of dwelling purchased under affordable dwelling purchase arrangement.

(Repealed)

91. Recovery of

amounts due to housing authority.

(Repealed)

92. Valuation of

dwelling for certain purposes.

(Repealed)

93. Discharge of

charging order.

(Repealed)

94. Affordable

Dwellings Fund.

(Repealed)

95. Regulations

(

Part 5

).

(Repealed)

96. Transitional arrangements and savings provisions.

PART 6

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.

PART 7

AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004

100. Amendments to Residential Tenancies Act 2004.

SCHEDULE 1

Repeals

SCHEDULE 2

Consequential Amendments

PART 1

Amendments to Housing Act 1966

PART 2

Amendments to Housing Finance Agency Act 1981

PART 3

Amendments to Housing Act 1988

PART 4

Amendments to Housing (Miscellaneous Provisions) Act 1992

PART 5

Amendments to Housing (Miscellaneous Provisions) Act 1997

PART 6

Amendments to Housing (Traveller Accommodation) Act 1998

PART 7

Amendments to Planning and Development Act 2000

PART 8

Amendment to Civil Registration Act 2004

PART 9

Amendment to Social Welfare Consolidation Act 2005

SCHEDULE 3

Terms and Conditions of Tenancy Agreement

SCHEDULE 4

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

Number

22

of

2009

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 31 December 2025

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.

[15

th July

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 22 of 2009

Housing (Miscellaneous Provisions) Act 2009

Sections 10, 20, 22, 24, 25, 28, 29, 31, 32, 34, 43, 45, 46, 47, 48, 56,

60, 61, 64, 74, 75, 76, 98 and 99.

...

...

...

C2

Rights under collectively cited

Residential Tenancies Acts

not affected under certain circumstances (1.01.2019) by

Domestic Violence Act 2018

(6/2018), s. 32, S.I. No. 532 of 2018.

Orders not to affect rights under certain enactments or estate or interest

32.

(1) Where, by reason only of an interim barring order, emergency barring order or

a barring order, a person is not residing at a place during any period, that person

shall be deemed, for the purposes of any rights under the Statutes of Limitations,

the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings)

Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing

at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place

to which a barring order, an interim barring order or an emergency barring order relates

is suspended by virtue of the order, that order shall not affect any estate or interest

in that place of that respondent or any other person.

C3

Application of collectively cited

Housing Acts

restricted by

Housing (Miscellaneous Provisions) Act 1997

(21/1997), ss. 14(1) and 14A as substituted and inserted (13.04.2014) by

Housing (Miscellaneous Provisions) Act 2014

(21/2014), s. 19(9), S.I. No. 121 of 2015.

Letting and sale of local authority housing.

14. [

(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an

allocation scheme made under section 22 of the Housing (Miscellaneous Provisions)

Act 2009, a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection

(1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged

in anti-social behaviour or that an allocation to that household would not be in the

interest of good estate management, or

(ii) the household fails to provide information, including information relating to

members residing together or proposing to reside together as part of the household,

which is requested by the authority and which the authority considers necessary in

connection with an allocation,

or

(b) refuse to permit a person, or defer permitting a person, to take up or resume

residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers

where—

(i) the authority considers that the person is or has been engaged in anti-social

behaviour or that such permission would not be in the interest of good estate management,

or

(ii) the tenant of the dwelling or the person concerned fails to provide information

that is requested by the authority and which the authority considers necessary in

connection with deciding whether to give, refuse or defer such permission.

]

...

[Authorisation to occupy caravan on site

14A.

Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority

may refuse or defer an authorisation to a person to occupy a caravan on a site where—

(

a

) the authority

considers that that person or a member of his or her household is or has been

engaged in anti-social behaviour or that the occupation by that person or

household member of a caravan on the site would not be in the interest of good

estate management, or

(

b

) that person

fails to provide information, including information relating to persons residing

or to reside with that person, which is requested by the authority and which the

authority considers necessary in respect of the application for such

authorisation.

]

C4

References to “housing authority” construed by

Housing (Miscellaneous Provisions) Act 1992

(18/1992), s. 23(1), (2), as substituted (1.06.2014) by

Local Government Reform Act 2014

(1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

Definition of housing authority and transfer of functions.

23.

—

[

(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference

to a local authority and references to the functional area of a housing authority

shall be construed accordingly;

]

...

C5

References to “county council”, “city council” and “town council” construed (1.06.2014) by

Local Government Reform Act 2014

(1/2014), ss. 9(2), 25(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.

— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed,

in any enactment—

(

a

) to a county

council or a city council (including a reference construed by section 3(2) of, and

Schedule 2 to, the Principal Act as a reference to a county council or to a city

council, as the case may be) shall, if the context permits, be read as a reference

to a county council, a city council or a city and county council, and

(

b

) to a county

council and a city council (including a reference so construed) shall, if the

context permits, be read as a reference to a county council, a city council and a

city and county council.

...

Dissolution of town councils — consequential provisions

25.

— ...

(2) A function of a town council (including a reference construed by section 3(2)

of, and Schedule 2 to, the Principal Act as a reference to a town council and whether

of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned,

be read as a reference to a function of the local authority in whose administrative

area the town council so dissolved is situated.

C6

Functions to be performed by municipal district members or the local authority prescribed

by

Local Government Act 2001

(37/2001), s. 131A(1), (4) and sch. 14A, as inserted (1.06.2014) by

Local Government Reform Act 2014

(1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

Performance of reserved functions in respect of municipal district members

131A.

(1) Subject to

subsection (4)

, in respect of the elected council of a local authority that is the council of a

county (other than the council of a county to which

section 22A(4)

relates) or of a city and county, a reserved function which is specified in—

(a)

paragraphs 1 and 3

(other than in respect of a joint body) of

Schedule 14

and

Part 1 of Schedule 14A

shall be performed in respect of each municipal district within the administrative

area of the local authority by the municipal district members concerned, and

(b)

paragraphs 5, 6 or 7 of Schedule 14

and

Part 2 of Schedule 14A

, may be performed in respect of a municipal district within the administrative area

of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

...

(4) Municipal district members may by resolution decide, subject to the approval by

resolution of the local authority and the approval of the Minister, that a particular

function to which

subsection (1)

relates should be performed only by the local authority.

...

SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to s. 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

18

The delegation to a designated body of a function (including maintenance) in respect

of the management and control of a dwelling or the revocation of any such delegation.

Section 30

of the

Housing (Miscellaneous Provisions) Act 2009

.

...

...

...

PART 2

Reserved Functions that May be Performed under s. 131A(1) (b) in Respect of a Municipal

District by Municipal District Members or the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

18

The preparation, making, adoption or variation of a housing services plan, or draft

plan.

Section 14

of the

Housing (Miscellaneous Provisions) Act 2009

.

...

...

...

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

54

The making or amendment of an allocation scheme determining the order of priority

to be accorded in the allocation of dwellings.

Section 22

of the

Housing (Miscellaneous Provisions) Act 2009

.

55

The making and revocation of a rent scheme providing for the manner in which rents

and other charges in respect of dwellings shall be determined.

Section 31

of the

Housing (Miscellaneous Provisions) Act 2009

.

56

The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy.

Section 35

of the

Housing (Miscellaneous Provisions) Act 2009

.

57

The adoption or amendment of a Homelessness Action Plan.

Section 40

of the

Housing (Miscellaneous Provisions) Act 2009

.

58

The adoption of a proposal to designate an apartment complex for the purpose of making

the apartments available for sale to the tenants.

Section 53

of the

Housing (Miscellaneous Provisions) Act 2009

.

59

The designation of an apartment complex in accordance with a section 53 proposal.

Section 55

of the

Housing (Miscellaneous Provisions) Act 2009

.

60

The extension of the initial selling period for apartments in a designated apartment

complex.

Section 56

of the

Housing (Miscellaneous Provisions) Act 2009

.

...

...

...

C7

Application of collectively cited

Housing Acts 1966 to 2009

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies

...

Review of existing

plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

General provisions regarding

licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

Housing Acts 1966 to 2009

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(a) the enactments specified in

Schedule 1, and

(b) the statutory instruments

specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 22 of 2009

...

...

Housing (Miscellaneous Provisions) Act 2009

...

...

Sections 12(1), 26, 79(3), 94(4) and 97(2)

...

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 22 of 2009

Housing (Miscellaneous Provisions) Act 2009

Sections 10, 20, 22, 24, 25, 28, 29, 31, 32, 34, 43, 45, 46, 47, 48, 56,

60, 61, 64, 74, 75, 76, 98 and 99.

...

...

...

C2

Rights under collectively cited

Residential Tenancies Acts

not affected under certain circumstances (1.01.2019) by

Domestic Violence Act 2018

(6/2018), s. 32, S.I. No. 532 of 2018.

Orders not to affect rights under certain enactments or estate or interest

32.

(1) Where, by reason only of an interim barring order, emergency barring order or

a barring order, a person is not residing at a place during any period, that person

shall be deemed, for the purposes of any rights under the Statutes of Limitations,

the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings)

Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing

at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place

to which a barring order, an interim barring order or an emergency barring order relates

is suspended by virtue of the order, that order shall not affect any estate or interest

in that place of that respondent or any other person.

C3

Application of collectively cited

Housing Acts

restricted by

Housing (Miscellaneous Provisions) Act 1997

(21/1997), ss. 14(1) and 14A as substituted and inserted (13.04.2014) by

Housing (Miscellaneous Provisions) Act 2014

(21/2014), s. 19(9), S.I. No. 121 of 2015.

Letting and sale of local authority housing.

14. [

(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an

allocation scheme made under section 22 of the Housing (Miscellaneous Provisions)

Act 2009, a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection

(1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged

in anti-social behaviour or that an allocation to that household would not be in the

interest of good estate management, or

(ii) the household fails to provide information, including information relating to

members residing together or proposing to reside together as part of the household,

which is requested by the authority and which the authority considers necessary in

connection with an allocation,

or

(b) refuse to permit a person, or defer permitting a person, to take up or resume

residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers

where—

(i) the authority considers that the person is or has been engaged in anti-social

behaviour or that such permission would not be in the interest of good estate management,

or

(ii) the tenant of the dwelling or the person concerned fails to provide information

that is requested by the authority and which the authority considers necessary in

connection with deciding whether to give, refuse or defer such permission.

]

...

[Authorisation to occupy caravan on site

14A.

Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority

may refuse or defer an authorisation to a person to occupy a caravan on a site where—

(

a

) the authority

considers that that person or a member of his or her household is or has been

engaged in anti-social behaviour or that the occupation by that person or

household member of a caravan on the site would not be in the interest of good

estate management, or

(

b

) that person

fails to provide information, including information relating to persons residing

or to reside with that person, which is requested by the authority and which the

authority considers necessary in respect of the application for such

authorisation.

]

C4

References to “housing authority” construed by

Housing (Miscellaneous Provisions) Act 1992

(18/1992), s. 23(1), (2), as substituted (1.06.2014) by

Local Government Reform Act 2014

(1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

Definition of housing authority and transfer of functions.

23.

—

[

(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference

to a local authority and references to the functional area of a housing authority

shall be construed accordingly;

]

...

C5

References to “county council”, “city council” and “town council” construed (1.06.2014) by

Local Government Reform Act 2014

(1/2014), ss. 9(2), 25(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.

— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed,

in any enactment—

(

a

) to a county

council or a city council (including a reference construed by section 3(2) of, and

Schedule 2 to, the Principal Act as a reference to a county council or to a city

council, as the case may be) shall, if the context permits, be read as a reference

to a county council, a city council or a city and county council, and

(

b

) to a county

council and a city council (including a reference so construed) shall, if the

context permits, be read as a reference to a county council, a city council and a

city and county council.

...

Dissolution of town councils — consequential provisions

25.

— ...

(2) A function of a town council (including a reference construed by section 3(2)

of, and Schedule 2 to, the Principal Act as a reference to a town council and whether

of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned,

be read as a reference to a function of the local authority in whose administrative

area the town council so dissolved is situated.

C6

Functions to be performed by municipal district members or the local authority prescribed

by

Local Government Act 2001

(37/2001), s. 131A(1), (4) and sch. 14A, as inserted (1.06.2014) by

Local Government Reform Act 2014

(1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

Performance of reserved functions in respect of municipal district members

131A.

(1) Subject to

subsection (4)

, in respect of the elected council of a local authority that is the council of a

county (other than the council of a county to which

section 22A(4)

relates) or of a city and county, a reserved function which is specified in—

(a)

paragraphs 1 and 3

(other than in respect of a joint body) of

Schedule 14

and

Part 1 of Schedule 14A

shall be performed in respect of each municipal district within the administrative

area of the local authority by the municipal district members concerned, and

(b)

paragraphs 5, 6 or 7 of Schedule 14

and

Part 2 of Schedule 14A

, may be performed in respect of a municipal district within the administrative area

of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

...

(4) Municipal district members may by resolution decide, subject to the approval by

resolution of the local authority and the approval of the Minister, that a particular

function to which

subsection (1)

relates should be performed only by the local authority.

...

SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to s. 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

18

The delegation to a designated body of a function (including maintenance) in respect

of the management and control of a dwelling or the revocation of any such delegation.

Section 30

of the

Housing (Miscellaneous Provisions) Act 2009

.

...

...

...

PART 2

Reserved Functions that May be Performed under s. 131A(1) (b) in Respect of a Municipal

District by Municipal District Members or the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

18

The preparation, making, adoption or variation of a housing services plan, or draft

plan.

Section 14

of the

Housing (Miscellaneous Provisions) Act 2009

.

...

...

...

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

54

The making or amendment of an allocation scheme determining the order of priority

to be accorded in the allocation of dwellings.

Section 22

of the

Housing (Miscellaneous Provisions) Act 2009

.

55

The making and revocation of a rent scheme providing for the manner in which rents

and other charges in respect of dwellings shall be determined.

Section 31

of the

Housing (Miscellaneous Provisions) Act 2009

.

56

The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy.

Section 35

of the

Housing (Miscellaneous Provisions) Act 2009

.

57

The adoption or amendment of a Homelessness Action Plan.

Section 40

of the

Housing (Miscellaneous Provisions) Act 2009

.

58

The adoption of a proposal to designate an apartment complex for the purpose of making

the apartments available for sale to the tenants.

Section 53

of the

Housing (Miscellaneous Provisions) Act 2009

.

59

The designation of an apartment complex in accordance with a section 53 proposal.

Section 55

of the

Housing (Miscellaneous Provisions) Act 2009

.

60

The extension of the initial selling period for apartments in a designated apartment

complex.

Section 56

of the

Housing (Miscellaneous Provisions) Act 2009

.

...

...

...

C7

Application of collectively cited

Housing Acts 1966 to 2009

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies

...

Review of existing

plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

General provisions regarding

licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

Housing Acts 1966 to 2009

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(a) the enactments specified in

Schedule 1, and

(b) the statutory instruments

specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 22 of 2009

...

...

Housing (Miscellaneous Provisions) Act 2009

...

...

Sections 12(1), 26, 79(3), 94(4) and 97(2)

...

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY AND GENERAL

Section

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

2. Interpretation.

3. Regulations.

4. Ministerial directions.

5. Guidelines.

6. Limitation on Ministerial power.

7. Repeals.

8. Consequential amendments.

9. Expenses.

PART 2

FUNCTIONS OF HOUSING AUTHORITIES

Chapter 1

Housing Services

10. Provision of housing services.

11. Provision of ancillary services.

12. Funding for housing services.

13. Housing authority resources.

Chapter 2

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.

Chapter 3

Social Housing Support

19. Provision of social housing support.

20. Social housing assessment.

21. Summary of social housing assessments.

22. Allocation of dwellings.

Chapter 4

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.

Chapter 5

Management and Control Functions

28. Management and control functions.

29. Tenancy agreements.

29A. Revision of existing 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.

Chapter 6

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.

PART 3

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

).

PART 4

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

).

PART 5

AFFORDABLE DWELLING PURCHASE ARRANGEMENTS

78.

Interpretation (

Part 5

).

(Repealed)

79. Provision of

dwellings.

(Repealed)

80. Direct sales

agreement.

(Repealed)

81. Open market

dwelling.

(Repealed)

82. Application

of

Part 5

.

(Repealed)

83. Affordable

dwelling purchase arrangements.

(Repealed)

84. Assessment

of eligibility of household for affordable dwelling purchase arrangement.

(Repealed)

85. Scheme of

priority for affordable dwelling purchase arrangements.

(Repealed)

86. Charging

order.

(Repealed)

87. Payments by

purchaser during charged period.

(Repealed)

88. Registration

of charging orders and agreements with financial institutions.

(Repealed)

89. Repayment on

expiration of charged period.

(Repealed)

90. Control on

resale of dwelling purchased under affordable dwelling purchase arrangement.

(Repealed)

91. Recovery of

amounts due to housing authority.

(Repealed)

92. Valuation of

dwelling for certain purposes.

(Repealed)

93. Discharge of

charging order.

(Repealed)

94. Affordable

Dwellings Fund.

(Repealed)

95. Regulations

(

Part 5

).

(Repealed)

96. Transitional arrangements and savings provisions.

PART 6

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.

PART 7

AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004

100. Amendments to Residential Tenancies Act 2004.

SCHEDULE 1

Repeals

SCHEDULE 2

Consequential Amendments

PART 1

Amendments to Housing Act 1966

PART 2

Amendments to Housing Finance Agency Act 1981

PART 3

Amendments to Housing Act 1988

PART 4

Amendments to Housing (Miscellaneous Provisions) Act 1992

PART 5

Amendments to Housing (Miscellaneous Provisions) Act 1997

PART 6

Amendments to Housing (Traveller Accommodation) Act 1998

PART 7

Amendments to Planning and Development Act 2000

PART 8

Amendment to Civil Registration Act 2004

PART 9

Amendment to Social Welfare Consolidation Act 2005

SCHEDULE 3

Terms and Conditions of Tenancy Agreement

SCHEDULE 4

Information to be Included in Property Services Agreement