IE
(LRC Revised)
Statutory Text (1 Articles)
Number 25 of 2021
AFFORDABLE HOUSING ACT 2021
Revised
Updated to 2 July 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
Affordable Housing Act 2021
. 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
Finance (Local Property Tax and Other Provisions)(Amendment) Act 2025
(6/2025), enacted 2 July 2025, and all statutory instruments up to and including
the
Affordable Housing Act 2021 (Cost Rental Allocation Plan) Regulations 2025
(S.I. No. 306 of 2025), made 2 July 2025, 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
25
of
2021
AFFORDABLE HOUSING ACT 2021
REVISED
Updated to 2 July 2025
CONTENTS
PART 1
Preliminary and General
Section
1. Short title,
collective citation and commencement
2.
Interpretation
3.
Regulations
PART 2
Affordable Dwelling Purchase Arrangements
4. Interpretation
(Part 2)
5. Application of
Part 2
6. Provision of
dwellings by housing authorities
7. Direct sales
agreement
8. Open market
dwelling
9. Notification of
and applications for affordable dwelling purchase arrangements
10. Assessment of
eligibility for affordable dwelling purchase arrangement
11. Scheme of
priority for affordable dwelling purchase arrangements
12. Affordable
dwelling purchase arrangements
13. Registration
of affordable dwelling purchase arrangements and agreements with financial
institutions
14. Valuation of
affordable dwelling for certain purposes
15. Redemption
and realisation of affordable dwelling equity
16. Redemption
payments
17. Sale of
affordable dwelling prior to redemption of affordable dwelling equity
18. Realisation
event and realisation notice
19. Realisation
of affordable dwelling equity by housing authority
20. Accounting
for certain moneys received by housing authority
21. Discharge for
money payable under policy of insurance
22. Relationship
with other enactments
23. Regulations
(Part 2)
24. Amendments to
Housing Finance Agency Act 1981
25. Amendments to
Housing (Miscellaneous Provisions) Act 1997
26. Amendments to
Act of 2009
27. Amendments to
Housing (Miscellaneous Provisions) Act 2014
PART 3
Cost Rental Dwellings
28.
Interpretation (Part 3)
29. Application
for designation as cost rental dwelling
30. Designation
as cost rental dwelling
31. Lettings of
cost rental dwelling
31A.
Allocation plan
31B. Letting
of occupied dwelling
32. Application
of Act of 2004
33. Setting and
review of rent in cost rental tenancy
34. Housing
assistance payment
35. Cost rental
tenancy not social housing support
36. Obligation of
owner to provide information to Minister regarding cost rental dwelling
37. Extension of
minimum period
38. Termination
of cost rental period
39. Cost rental
tenancies subsisting on termination of cost rental period
40. Loans to
approved housing bodies in support of cost rental dwellings
PART 4
Provision of funding to purchase equity share in
dwellings
41. Minister may
provide funding to undertaking to enable purchase of dwellings
41A. Provision
supplemental to section 41 of Act of 2021
PART 5
Arrangements between housing authority and the
Agency in relation to eligibility and priority for certain dwellings
42. Arrangements
between housing authority and the Agency
PART 6
Amendments to Part V of Act of 2000
43. Amendment of
section 93(1) of Act of 2000
44. Amendment of
section 94 of Act of 2000
45. Amendment of
section 95 of Act of 2000
46. Amendment of
section 96 of Act of 2000
47. Amendment of
section 97 of Act of 2000
PART 7
Miscellaneous
48. Agreements with financial
institutions in respect of affordable housing under Act of 2000 or Act of 2002
PART 8
Repeals
49.
Repeals
Acts Referred to
Central Bank
Act 1971
(No. 24)
Civil Liability
Act 1961
(No. 41)
Equal Status
Act 2000
(No. 8)
Family Home
Protection Act 1976
(No. 27)
Housing
(Miscellaneous Provisions) Act 1992
(No. 18)
Housing
(Miscellaneous Provisions) Act 1997
(No. 21)
Housing
(Miscellaneous Provisions) Act 2002
(No. 9)
Housing
(Miscellaneous Provisions) Act 2009
(No. 22)
Housing
(Miscellaneous Provisions) Act 2014
(No. 21)
Housing Acts 1966 to 2019
Housing Finance
Agency Act 1981
(No. 37)
Land and
Conveyancing Law Reform Act 2009
(No. 27)
Local
Government Act 2001
(No. 37)
Planning and
Development Act 2000
(No. 30)
Registration of
Title Act 1964
(No. 16)
Residential
Tenancies (Amendment) Act 2015
(No. 42)
Residential
Tenancies Act 2004
(No. 27)
State
Authorities (Public Private Partnership Arrangements) Act 2002
(No. 1)
Statute of
Limitations 1957
(No. 6)
Number
25
of
2021
AFFORDABLE HOUSING ACT 2021
REVISED
Updated to 2 July 2025
An Act to—
An Act to provide for the provision
of dwellings for the purpose of sale under affordable dwelling purchase arrangements;
to
provide for the provision by housing authorities of financial assistance to purchase
dwellings under affordable dwelling purchase arrangements; to provide for dwellings
to be
made available on a cost rental basis; to provide for funding to be made available
for the
purchase of dwellings in accordance with a scheme of shared equity; to enable housing
authorities to notify the public and assess eligibility and priority in relation to
dwellings provided by the Agency; to amend the
Housing Finance Agency Act 1981
, the
Housing
(Miscellaneous Provisions) Act 1997
, the
Planning and Development Act 2000
, the
Housing
(Miscellaneous Provisions) Act 2009
and the
Housing (Miscellaneous Provisions) Act
2014
; and to provide for related matters.
[21
st July
, 2021]
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. 25 of 2021
Affordable Housing Act 2021
The whole Act.
...
...
...
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. 25 of 2021
Affordable Housing Act 2021
The whole Act.
...
...
...
CONTENTS
PART 1
Preliminary and General
Section
1. Short title,
collective citation and commencement
2.
Interpretation
3.
Regulations
PART 2
Affordable Dwelling Purchase Arrangements
4. Interpretation
(Part 2)
5. Application of
Part 2
6. Provision of
dwellings by housing authorities
7. Direct sales
agreement
8. Open market
dwelling
9. Notification of
and applications for affordable dwelling purchase arrangements
10. Assessment of
eligibility for affordable dwelling purchase arrangement
11. Scheme of
priority for affordable dwelling purchase arrangements
12. Affordable
dwelling purchase arrangements
13. Registration
of affordable dwelling purchase arrangements and agreements with financial
institutions
14. Valuation of
affordable dwelling for certain purposes
15. Redemption
and realisation of affordable dwelling equity
16. Redemption
payments
17. Sale of
affordable dwelling prior to redemption of affordable dwelling equity
18. Realisation
event and realisation notice
19. Realisation
of affordable dwelling equity by housing authority
20. Accounting
for certain moneys received by housing authority
21. Discharge for
money payable under policy of insurance
22. Relationship
with other enactments
23. Regulations
(Part 2)
24. Amendments to
Housing Finance Agency Act 1981
25. Amendments to
Housing (Miscellaneous Provisions) Act 1997
26. Amendments to
Act of 2009
27. Amendments to
Housing (Miscellaneous Provisions) Act 2014
PART 3
Cost Rental Dwellings
28.
Interpretation (Part 3)
29. Application
for designation as cost rental dwelling
30. Designation
as cost rental dwelling
31. Lettings of
cost rental dwelling
31A.
Allocation plan
31B. Letting
of occupied dwelling
32. Application
of Act of 2004
33. Setting and
review of rent in cost rental tenancy
34. Housing
assistance payment
35. Cost rental
tenancy not social housing support
36. Obligation of
owner to provide information to Minister regarding cost rental dwelling
37. Extension of
minimum period
38. Termination
of cost rental period
39. Cost rental
tenancies subsisting on termination of cost rental period
40. Loans to
approved housing bodies in support of cost rental dwellings
PART 4
Provision of funding to purchase equity share in
dwellings
41. Minister may
provide funding to undertaking to enable purchase of dwellings
41A. Provision
supplemental to section 41 of Act of 2021
PART 5
Arrangements between housing authority and the
Agency in relation to eligibility and priority for certain dwellings
42. Arrangements
between housing authority and the Agency
PART 6
Amendments to Part V of Act of 2000
43. Amendment of
section 93(1) of Act of 2000
44. Amendment of
section 94 of Act of 2000
45. Amendment of
section 95 of Act of 2000
46. Amendment of
section 96 of Act of 2000
47. Amendment of
section 97 of Act of 2000
PART 7
Miscellaneous
48. Agreements with financial
institutions in respect of affordable housing under Act of 2000 or Act of 2002
PART 8
Repeals
49.
Repeals
Number
25
of
2021