(LRC Revised)

Number 47 of 2019

HOUSING (REGULATION OF APPROVED HOUSING BODIES) ACT 2019

REVISED

Updated to 18 November 2024

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 (Regulation of Approved Housing Bodies) Act 2019

. 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

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory instruments up to and including

the

European Union (Cosmetic Products) (Amendment) Regulations 2024

(S.I. No. 637 of 2024), made 20 November 2024, 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

47

of

2019

HOUSING (REGULATION OF APPROVED HOUSING BODIES) ACT 2019

REVISED

Updated to

18 November 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective

citation and commencement

2. Interpretation

2A. Dwellings provided or managed by approved housing body for purpose of alleviating

housing need

3. Expenses

4. Review of Act

5. Giving of documents

6. Offences and

penalties

PART 2

Approved Housing Bodies Regulatory Authority

7. Establishment day

8. Establishment of Approved

Housing Bodies Regulatory Authority

9. Functions of

Regulator

10. Grants to

Regulator

11. Chief executive

12. Functions of chief

executive

13. Delegation of functions of

chief executive

14. Appearance of chief executive

before Committee of Public Accounts

15. Accountability of chief

executive to other Oireachtas Committees

16. Consultants and

advisers

17. Transfer of employees of

Housing Agency to Regulator

18. Staff of Regulator

19. Superannuation

20. Strategy statement

21. Accounts of

Regulator

22. Reports to

Minister

23. Administrative cooperation on

regulatory matters

24. Information relating to

offences, etc.

PART 3

Regulation of AHBs

Chapter 1

Registration

25. Eligibility criteria for

application to register as AHB

26. Register of AHBs

26A. Regulator to ensure certain

persons are entered on register in accordance with section 28(2)(a)

27. Application for

registration

28. Grant or refusal of

registration

29. Notice of proposed decision

of Regulator to refuse application

30. Right to respond to notice of

proposed decision

31. Notice of decision of

Regulator

32. Correction of

register

33. Evidential value of entries

in register

34. Certain persons deemed to be

registered as AHBs

35. Prohibited conduct in

relation to registration

Chapter 2

Information and records

36. Power of Regulator to require

information and records

Chapter 3

Standards

37. Standards for AHBs

PART 4

Standards Assessment and Compliance Plans

38. Making a standards

assessment

39. Compliance plan

40. Notice of

non-compliance

41. Notice of implementation of

compliance plan

42. Failure to implement

compliance plan

43. Entry on register of

particulars of notice of non-implementation

PART 5

Investigation

44. Definitions (Part

5)

45. Appointment of

inspectors

46. Investigation into affairs of

AHB

47. Investigation

reports

48. Production of documents and

evidence on investigation

49. Power of

inspectors

50. Investigation report to be

evidence

51. Offence

52. Saving for privileged

information, etc.

PART 6

Intervention

Chapter 1

Transfer of Certain Dwellings and Protection of AHBs

53. Protection of tenants

requirement to transfer certain dwellings

54. Protection of AHBs

Chapter 2

Notice to Regulator of Certain Events and Examinership

55. Notice to Regulator of

certain events

56. Examinership: modification of

Part 10 of Act of 2014 for purposes of application to AHBs

Chapter 3

Cancellation of Registration of AHB

57. Cancellation of registration

where AHB requests

58. Cancellation of registration

on specified grounds

59. Cancellation of registration

where AHB ceases to exist

60. Removal from register

following cancellation of registration

PART 7

Appeals

61. Appeals Panel

62. Appeals Board

63. Appeal

64. Appeal on question of

law

PART 8

Miscellaneous

65. Prohibition on unauthorised

disclosure of confidential information

66. Report of Minister

PART 9

Consequential Amendments and Transitional Provisions

67. Amendments of Act of

1992

68. Construction of certain

references in other Acts or instruments made under Acts

69. Transitional provisions

certain assistance under section 6 of Act of 1992 to be continued on cancellation

of

registration under section 58

70. Transitional provisions

payment of grant under section 6(2)(d) of Act of 1992

SCHEDULE

Approved Housing Bodies Regulatory Authority

Adoptive Leave Acts 1995 and

2005

Carer’s Leave Act 2001 (No.

19)

Central Bank Act 1971 (No.

24)

Charities Act 2009 (No. 6)

Companies Act 2014 (No. 38)

Comptroller and Auditor General

(Amendment) Act 1993 (No. 8)

Ethics in Public Office Act 1995

(No. 22)

European Parliament Elections

Act 1997 (No. 2)

Friendly Societies Act 1896 (59

& 60 Vict., c. 25)

Friendly Societies Acts 1896 to

2018

Housing (Miscellaneous

Provisions) Act 1992 (No. 18)

Housing (Miscellaneous

Provisions) Act 2009 (No. 22)

Housing Acts 1966 to 2014

Industrial and Provident

Societies Act 1893 (56 & 57 Vict., c. 39)

Industrial and Provident

Societies Acts 1893 to 2018

Iveagh Trust Acts 1899 to

1961

Maternity Protection Acts 1994

and 2004

Minimum Notice and Terms of

Employment Acts 1973 to 2005

Organisation of Working Time Act

1997 (No. 20)

Parental Leave Acts 1998 to

2019

Paternity Leave and Benefit Act

2016 (No. 11)

Protection of Employees

(Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees

(Part-Time Work) Act 2001 (No. 45)

Public Service Management

(Recruitment and Appointments) Act 2004 (No. 33)

Public Service Pensions (Single

Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to

2014

Standards in Public Office Act

2001 (No. 31)

Taxes Consolidation Act 1997

(No. 39)

Terms of Employment

(Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to

2015

Number

47

of

2019

HOUSING (REGULATION OF APPROVED HOUSING BODIES) ACT 2019

REVISED

Updated to

18 November 2024

An Act to provide for the regulation

of approved housing bodies for the purposes of protecting certain housing assets provided

or managed by such bodies; to establish a body to be known in the Irish language as

An

tÚdarás Rialála Comhlachtaí Tithíochta Ceadaithe

or, in the English language, as the Approved Housing Bodies Regulatory Authority and

to

confer functions on it; to provide for the registration of certain persons as approved

housing bodies; to provide for the setting of standards for approved housing bodies

relating to governance, financial management, property and asset management and tenancy

management and compliance with those standards; to provide for the carrying out of

standards assessments and the monitoring of the implementation of compliance plans;

to

provide for the carrying out of investigations; to make provision in relation to the

protection of approved housing bodies; to provide for the application, with modification,

of certain provisions of the Companies Act 2014 to approved housing bodies; to provide

for

the cancellation of registration of approved housing bodies; to provide for the

establishment of an Appeals Panel to hear appeals from certain decisions of the Approved

Housing Bodies Regulatory Authority; for those purposes to amend the Housing (Miscellaneous

Provisions) Act 1992; and to provide for related matters. [23

rd December

, 2019]

Be it enacted by the Oireachtas

as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective

citation and commencement

2. Interpretation

2A. Dwellings provided or managed by approved housing body for purpose of alleviating

housing need

3. Expenses

4. Review of Act

5. Giving of documents

6. Offences and

penalties

PART 2

Approved Housing Bodies Regulatory Authority

7. Establishment day

8. Establishment of Approved

Housing Bodies Regulatory Authority

9. Functions of

Regulator

10. Grants to

Regulator

11. Chief executive

12. Functions of chief

executive

13. Delegation of functions of

chief executive

14. Appearance of chief executive

before Committee of Public Accounts

15. Accountability of chief

executive to other Oireachtas Committees

16. Consultants and

advisers

17. Transfer of employees of

Housing Agency to Regulator

18. Staff of Regulator

19. Superannuation

20. Strategy statement

21. Accounts of

Regulator

22. Reports to

Minister

23. Administrative cooperation on

regulatory matters

24. Information relating to

offences, etc.

PART 3

Regulation of AHBs

Chapter 1

Registration

25. Eligibility criteria for

application to register as AHB

26. Register of AHBs

26A. Regulator to ensure certain

persons are entered on register in accordance with section 28(2)(a)

27. Application for

registration

28. Grant or refusal of

registration

29. Notice of proposed decision

of Regulator to refuse application

30. Right to respond to notice of

proposed decision

31. Notice of decision of

Regulator

32. Correction of

register

33. Evidential value of entries

in register

34. Certain persons deemed to be

registered as AHBs

35. Prohibited conduct in

relation to registration

Chapter 2

Information and records

36. Power of Regulator to require

information and records

Chapter 3

Standards

37. Standards for AHBs

PART 4

Standards Assessment and Compliance Plans

38. Making a standards

assessment

39. Compliance plan

40. Notice of

non-compliance

41. Notice of implementation of

compliance plan

42. Failure to implement

compliance plan

43. Entry on register of

particulars of notice of non-implementation

PART 5

Investigation

44. Definitions (Part

5)

45. Appointment of

inspectors

46. Investigation into affairs of

AHB

47. Investigation

reports

48. Production of documents and

evidence on investigation

49. Power of

inspectors

50. Investigation report to be

evidence

51. Offence

52. Saving for privileged

information, etc.

PART 6

Intervention

Chapter 1

Transfer of Certain Dwellings and Protection of AHBs

53. Protection of tenants

requirement to transfer certain dwellings

54. Protection of AHBs

Chapter 2

Notice to Regulator of Certain Events and Examinership

55. Notice to Regulator of

certain events

56. Examinership: modification of

Part 10 of Act of 2014 for purposes of application to AHBs

Chapter 3

Cancellation of Registration of AHB

57. Cancellation of registration

where AHB requests

58. Cancellation of registration

on specified grounds

59. Cancellation of registration

where AHB ceases to exist

60. Removal from register

following cancellation of registration

PART 7

Appeals

61. Appeals Panel

62. Appeals Board

63. Appeal

64. Appeal on question of

law

PART 8

Miscellaneous

65. Prohibition on unauthorised

disclosure of confidential information

66. Report of Minister

PART 9

Consequential Amendments and Transitional Provisions

67. Amendments of Act of

1992

68. Construction of certain

references in other Acts or instruments made under Acts

69. Transitional provisions

certain assistance under section 6 of Act of 1992 to be continued on cancellation

of

registration under section 58

70. Transitional provisions

payment of grant under section 6(2)(d) of Act of 1992

SCHEDULE

Approved Housing Bodies Regulatory Authority

Number

47

of

2019