S.I. No. 90/1948:

DEPARTMENT OF LOCAL GOVERNMENT. HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948. THE HOUSING (NEW HOUSES) REGULATIONS, 1948.

DEPARTMENT OF LOCAL GOVERNMENT. HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948. THE HOUSING (NEW HOUSES) REGULATIONS, 1948.

The Minister for Local Government in exercise of the powers vested in him by Sections 16 , 17 , 19 , 20 and 21 of the Housing (Amendment) Act, 1948 , and in exercise of every other power enabling him in this behalf hereby makes the following regulations, that is to say :--

PART I.

1. These Regulations may be cited as the Housing (New Houses) Regulations, 1948.

2. In these Regulations--

the expression " the Minister " means the Minister for Local Government ;

the expression " the Acts " means the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1948 ;

the expression " the Principal Act " means the Housing (Financial and Miscellaneous Provisions) Act, 1932 ;

the expression "the Acts of 1948" means the Housing (Amendment) Act, 1948 ;

the expression " appointed officer " means an officer appointed by the Minister for the purposes of the Principal Act.

3.--(1) The conditions in respect of sites, aspects, planning, construction, sanitation and number per acre of houses set out in Schedule I to these Regulations shall be the prescribed conditions under Rule 4 of the First Schedule to the Principal Act in relation to new houses to which these Regulations apply.

(2) Any of the said conditions may be dispensed with by the Minister in any particular case if he is satisfied that exceptional circumstances exist which render rigid adherence to the conditions undesirable.

(3) In any such case where the said conditions are not fully complied with the Minister may reduce the amount of the grant to such amount as he thinks fit or in the case of a grant by a housing authority, may direct such housing authority to reduce the amount of the grant by such amount as he thinks fit and the housing authority shall comply with such direction.

4. The plans published by the Minister under the Housing (Building Facilities) Act, 1924 , and such other plans as may from time to time be published by the Minister and placed on sale shall be prescribed plans under Rule 5 of the First Schedule to the Principal Act in relation to new houses to which these Regulations apply.

5. The date when the erection of a house to which these Regulations apply is begun shall be deemed to be the date when the construction of the foundation is begun, notwithstanding any excavation, site-clearance, cartage of materials or other preliminary work carried out prior to that date.

6.--(1) The floor area of a house to which these Regulations apply shall be the sum of the areas of every floor.

(2) The area of any floor shall be measured within the external or containing walls of the house, and shall include any portion of such floor which is occupied by staircases, landings, interior walls, chimney breasts, bay-windows and similar spaces or structures.

(3) The area of the floor of any room shall, for the purposes of these Regulations be measured within the containing walls of such room.

7. A house to which these Regulations apply may include a party wall of an existing building, but no other portion of an existing building.

8. Where a person or public utility society enters into a contract for the erection of a house to which these Regulations apply, the terms and conditions of any Price Variation Clause included in such contract shall not be less advantageous to such person or public utility society than the terms and conditions of the Clause specified in Schedule II to this Order.

9.--(1) Any doubt, dispute or question, which may arise as to the interpretation of these Regulations and as to the making or the amount of a grant in respect of any house to which these Regulations apply shall be determined by the Minister and such determination shall be final.

(2) For the purpose of determining whether a grant may be made or the amount of a grant in respect of any house the Minister may require satisfactory evidence (and in particular may require a statutory declaration under the Statutory Declarations Act, 1938 ) that the provisions of the Acts and of the Regulations made thereunder have been complied with.

PART II.

10. This Part of the Regulations shall apply only to new houses in respect of the erection of which a grant is sought from the Minister under Section 16 of the Act of 1948.

11. The procedure set out in Schedule III to these Regulations shall be complied with before and during the erection of a house to which this Part of these Regulations applies by the person or public utility society proposing to erect or erecting the same and by the appointed officer.

12. The forms set out in Schedule IV to these Regulations or forms to the like effect, varied as circumstances may require, shall be prescribed forms and shall be used for the purposes to which they are respectively expressed to be applicable in relation to houses to which this Part of these Regulations applies.

13. No grant shall be payable in respect of a house, to which this Part of these Regulations applies, notwithstanding the issue of a certificate of the appointed officer required by this Part of these Regulations that any of the provisions of the Acts or these Regulations have been complied with until the Minister is satisfied after taking such steps as he may think desirable as to the accuracy of such certificate.

14. Where a house to which this Part of these Regulations applies is to contain or be connected with a shop, office, business premises, garage or stable--

(a) the appointed officer shall not issue a certificate of approval in respect thereof unless such shop, office, business premises, garage or stable has a distinct and separate entrance ;

(b) such shop, office, business premises, garage or stable shall be deemed not to be part of such house for the purposes of the Acts and of this Part of these Regulations.

15.--(1) The Minister may pay an instalment of a grant in respect of a house to which this Part of these Regulations applies when the house has been roofed and the work done has been certified by the appointed officer or on appeal by the Minister to have been carried out in a proper and workmanlike manner.

(2) The final payment of the grant shall not be made until the house shall have been certified by the appointed officer or on appeal by the Minister to have been completed in a proper and workmanlike manner.

(3) Any person aggrieved by the neglect or refusal of the appointed officer to give a certificate required by either of the foregoing paragraphs of this Article may appeal to the Minister, and on such appeal the Minister may, as he shall think proper, give or refuse such certificate and the decision of the Minister on such appeal shall be final.

PART III.

16. This Part of these Regulations shall apply only to new houses in respect of the erection of which a grant is sought from the Minister under Part II of the Principal Act and Section 17 of the Act of 1948.

17. Part II of these Regulations (except paragraph 6 of Schedule III) shall apply mutatis mutandis to a house to which Article 16 applies.

PART IV.

18. This Part of these Regulations shall apply only to new houses in respect of the erection of which grants are sought from the housing authority under Section 19 of the Act of 1948.

19.--(1) The proposal to erect a house to which this Part of these Regulations applies shall be submitted to the housing authority by the person proposing the same in the form of a scheme (in this part of these Regulations referred to as " the scheme ").

(2) The scheme shall be accompanied by :--

(a) detailed plans and specifications;

(b) an undertaking in writing signed by the person proposing to erect the house that, subject to the provisions of these Regulations, he will not sell the house and that he will let the house subject to the provisions of these Regulations ;

(c) an undertaking in writing signed by the person proposing to erect the house that throughout the erection of the house, rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and conditions of labour generally recognised by trade unions in the area at the commencement of such erection.

(3) The scheme may relate to one or more than one house.

20. If the housing authority are satisfied that the scheme and the houses to be erected thereunder comply with the requirements of the Acts and of these Regulations, the housing authority shall submit the scheme and the accompanying documents to the Minister and at the same time shall notify the Minister of the amount of the grant proposed to be made by the housing authority in respect of the scheme.

21. When the scheme has been submitted to the Minister in accordance with the next preceding Article of these Regulations, and the Minister is satisfied that the scheme, the houses to be erected thereunder and the amount of the grant proposed to be made by the housing authority in respect of the scheme comply with the requirements of the Acts and of these Regulations, the Minister shall notify the housing authority accordingly and thereupon the housing authority shall allocate provisionally a grant of the said amount to the person by whom the scheme was submitted to the housing authority and shall notify that person and the Minister of such provisional allocation.

22.--(1) A house to which this Part of these Regulations applies shall not be connected with a shop or other business premises.

(2) A house to which this Part of these Regulations applies shall when completed be let only on a monthly or lesser tenancy.

(3) No fine or other charge except the rent reserved in the letting and a deposit in respect thereof not exceeding three months rent shall be charged or made in respect of such letting.

(4) The person to whom the grant is to be made shall not reside in the house.

(5) The rent reserved in the letting shall not include any charge in respect of the use of furniture.

(6) The letting agreement shall provide that the tenant shall not sub-let, sub-divide, or part with or share possession of the house or any part thereof.

(7) The letting agreement shall not include any clause restricting the orderly use of the house as a dwelling house by the tenant and his household.

(8) The title deed of a house to which this Part of these Regulations applies shall have endorsed thereon a note to the effect that an undertaking has been given in pursuance of Section 19 of the Act of 1948, that, subject to the provisions of these Regulations, the house will not be sold and that it will be let subject to the provisions of these Regulations.

23. A house to which this Part of these Regulations applies may, with the consent of the housing authority, be sold if the following conditions are fulfilled :--

(a) The consent of the housing authority shall not be given before the first instalment of the grant has been paid by the housing authority ;

(b) the house shall not be sold while it is untenanted and shall be sold subject to the tenancy existing at the time of sale ;

(c) the house shall not be sold to the tenant thereof ;

(d) the vendor shall assign to the purchaser his interest in any instalments of the grant that have not been paid at the time of sale ;

(e) the purchaser shall give to the housing authority an undertaking that subject to the provisions of these Regulations, he will not sell the house and that he will let the house subject to the provisions of these Regulations and particulars of such undertaking shall be endorsed on the title deed of the house.

24.--(1) No instalment of a grant shall be paid by the housing authority in respect of a house to which this Part of these Regulations applies until the housing authority are satisfied--

(a) that the house has been completed in a proper and workmanlike manner in accordance with the provisions of the Acts and of these Regulations ;

(b) that the house is being maintained in sound structural and sanitary condition and in good repair, and

(c) that the house has been let in accordance with the provisions of these Regulations and that the undertaking given that, subject to the provisions of these Regulations, the house will not be sold and that it will be let subject to the provisions of these Regulations, has been and is being complied with.

(2) For the purpose of determining whether an instalment of a grant may be paid the housing authority may require satisfactory evidence that the provisions of the Acts and of these Regulations have been complied with and in particular may require the production of title deeds and letting agreements and the submission of statutory declarations under the Statutory Declarations Act, 1938 , and they may cause the house to be inspected by a duly authorised officer of the housing authority at all reasonable times.

25.--(1) The housing authority shall record in a Register specially prepared for the purpose particulars of all grants allocated by them in respect of houses to which this Part of these Regulations applies and particulars of all instalments paid by them on foot of such grants.

(2) After the thirty-first day of March and the thirtieth day of September in each year the housing authority shall submit to the Minister particulars of all instalments of grants paid by the housing authority in the preceding half-year in respect of houses to which this Part of these Regulations applies and the Minister, if satisfied that the instalments have been paid by such housing authority in accordance with the provisions of the Acts and of these Regulations may recoup to such housing authority an amount not exceeding two-thirds of the amount of such instalments.

(3) For the purposes of determining whether an instalment paid by a housing authority in respect of a house to which this Part of these Regulations applies has been paid by such housing authority in accordance with the provisions of the Acts and of these Regulations the Minister may require satisfactory evidence that the provisions of the Acts and of these Regulations have been complied with and may cause the house to be inspected by a duly authorised officer of the Minister at all reasonable times.

PART V.

26. This Part of these Regulations shall apply only to new houses in respect of the erection of which grants are sought from the Minister and the housing authority under Section 20 of the Act of 1948.

27.--(1) The proposal to erect a house to which this Part of these Regulations applies shall be submitted to the Minister by the public utility society proposing the same in the form of a scheme (in this Part of these Regulations referred to as " the scheme ").

(2) The scheme shall be accompanied by :--

(a) detailed plans, specifications and detailed estimates of the cost of the work ;

(b) a statement of the total all-in cost of the scheme ;

(c) a statement showing the rent proposed to be charged for the house and the estimated annual income and expenditure under the scheme ;

(d) an undertaking in writing signed by a responsible officer of the society that the house when completed will not be sold and will be let only on a monthly or lesser tenancy to a person of the working classes or an agricultural labourer as defined in the Labourers Acts, 1883 to 1948, at a rent not exceeding such rent as may be approved by the Minister ;

(e) an undertaking in writing, signed by a responsible officer of the Society that throughout the erection of the house rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and conditions of labour generally recognised by trade unions in the area at the commencement of such erection,

(f) such evidence as the Minister many require to satisfy himself that the public utility society is a public utility society within the meaning of the Acts.

28.--(1) If the Minister is satisfied :

(a) that the public utility society is a public utility society within the meaning of the Acts,

(b) that the scheme and the house to be erected thereunder comply with the requirements of the Acts and of these Regulations, and

(c) as to the rent proposed to be charged for the house, he may approve of the scheme and of the said rent.

(2) At any time before a house erected under the scheme is let the Minister may, on the application of the public utility society erecting the house, approve of an alteration of the rent to be charged under the scheme for that house.

(3) The scheme may relate to one house or to more than one house.

29. When the Minister has approved of the scheme under the next preceding Article of these Regulations he shall determine the amount of grant to be made by him in respect of each house to be erected under the scheme and shall notify the public utility society by whom the scheme was submitted and the housing authority of the amount so determined.

30. When the scheme has been approved by the Minister :--

(a) the public utility society shall keep separate accounts relating to the scheme and shall furnish to the Minister a statement certified by an Auditor approved by the Minister showing the total all-in cost of the scheme,

(b) the public utility society shall, if required by the Minister, permit any auditor nominated by him to have access to any books, deeds and accounts relating to the scheme,

(c) the public utility society shall prepare a balance sheet and summary for each financial year of the accounts relating to the scheme and, if required by the Minister, shall furnish a copy thereof to the Minister at the conclusion of the financial year to which it relates.

31. No grant shall be payable in respect of a house to which this Part of these Regulations applies notwithstanding the approval by the Minister of the scheme and the notification by him of the amount of the grant to be made until the Minister is satisfied that the requirements of the Acts and of these Regulations have been complied with.

32.--(1) The Minister may pay an instalment of a grant when the house has been roofed and he is satisfied that the work done has been carried out in a proper and workmanlike manner.

(2) The final payment of the grant shall not be made until the Minister is satisfied that the erection of the house has been completed in a proper and workmanlike manner and that the house is occupied by a person of the working classes or an agricultural labourer and is let to him at a rent approved by the Minister.

33. A house to which this Part of these Regulations applies shall not be connected with a shop or other business premises.

34. When the Minister pays a grant or an instalment thereof in respect of the erection of a house to which this Part of these Regulations applies he shall notify the housing authority.

35. When a housing authority receive a notification from the Minister that he has determined the amount of grant payable by him in respect of the scheme the housing authority shall, forthwith, allocate to the public utility society by whom the scheme was submitted to the Minister a grant not exceeding the appropriate sum specified in the Fifth Schedule to the Act of 1948 and shall notify the public utility society and the Minister of the grant so allocated.

36. When a housing authority receive a notification from the Minister that he has paid a grant or an instalment thereof to a public utility society in respect of the erection of a house to which this Part of these Regulations applies and the grant allocated by the housing authority in respect of the said house is to be paid wholly or partly by way of a grant of money the housing authority shall make a payment to the public utility society of the whole or a proportionate part of such grant of money as the case may be and shall notify the Minister of the amount so paid.

37. Save in accordance with the next preceding Article of these Regulations a housing authority shall not pay any grant by way of a grant of money in respect of the erection of a house to which this Part of these Regulations apply and if for any reason the Minister reduces the amount of the grant determined by him to be payable by him in respect of the scheme the housing authority shall reduce proportionately the amount of the grant allocated by them in respect of the scheme.

38. The procedure set out in Schedule V to these Regulations shall be followed by a housing authority making a grant to a public utility society wholly or partly by way of a grant of land in respect of the erection of a house to which this Part of these Regulations applies and by the public utility society.

39. Every housing authority shall record in a Register specially prepared for the purpose particulars of grants made by them in respect of the erection of houses to which this Part of these Regulations applies.

PART VI.

40. This Part of these Regulations shall apply only to new houses in respect of the erection of which grants are sought from the Minister and the housing authority under Section 21 of the Act of 1948.

41. Part V of these Regulations (except Articles 35, 36, 37 and 38) shall apply mutatis mutandis to a house to which Article 40 applies.

42. When a housing authority receive a notification from the Minister that he has determined the amount of grant payable by him in respect of the scheme the housing authority shall, forthwith, allocate to the public utility society by whom the scheme was submitted to the Minister a grant not exceeding the appropriate sum specified in the Sixth Schedule to the Act of 1948 and shall notify the public utility society and the Minister of the grant so allocated.

43. When a housing authority receive a notification from the Minister that he has paid a grant or an instalment thereof to a public utility society in respect of the erection of a house to which this Part of these Regulations applies the housing authority shall pay to the public utility society the whole or a proportionate part as the case may be of the grant allocated by them in respect of the said house and shall notify the Minister of the amount so paid.

44. Save in accordance with the next preceding Article of these Regulations a housing authority shall not pay any grant in respect of a house to which this Part of these Regulations applies and, if for any reason the Minister reduces the amount of the grant determined by him to be payable by him in respect of the scheme the housing authority shall reduce proportionately the amount of the grant allocated by them in respect of the scheme.

GIVEN under the Official Seal of the Minister for Local Government this twenty-first day of April, One Thousand Nine Hundred and Forty-eight.

(Signed) T. J. MURPHY,

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

(Signed) P. McGILLIGAN,

Minister for Finance.

SCHEDULE I.

Conditions prescribed by the Minister as to the sites, aspects, planning, construction, sanitation and number per acre of houses to which these Regulations apply.

1. The site of every house shall be on good open land and except where works of development are intended in connection with the house the site shall immediately adjoin or be accessible from a road or lane over which a public or private right of way exists for carts or other vehicles. The site shall be level or of easy regular gradient and situate at such elevation that the ground floor of the house will be above the level of the street, and that it may be easily drained and sewered when such is necessary.

2. Every house shall be spaced and arranged on its site and planned so that the greater number of the rooms in it may receive all available direct sunlight.

3. The houses shall be set back not less than 35 feet from the centre of the street or 70 feet from the opposite frontage whichever may be greater.

4. The area of the floor of any room in a house shall not be less than the appropriate area set out hereunder :--

5. Every room in a house shall, in respect of its height, comply with the following conditions :--

(a) If the room is immediately below the roof, the height of the room throughout two-thirds of the area of the floor shall not be less than 8 feet and throughout the remainder of the area of the floor not less than 6 feet.

(b) If the room is not immediately below the roof the height of the room throughout the area of the floor shall not be less than 8 feet.

6.--(1) Every house shall be constructed of brick, stone or concrete, with tiled or slated roof, unless the Minister approves of the use of some other material for the construction of a particular house or of particular houses and the standard of construction shall be in accordance with one of the specifications published with the prescribed plans or equivalent thereto. Provided that the Minister may decide to make a grant in respect of a house of a special form of construction and shall determine in each case the amount of any grant which may be made in respect of any such house.

(2) Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the construction of the house.

(3) Every room in every house shall be provided with a window or windows of which the glass area shall not be less than 1/10th of the area of the floor of such room and one-half at least of every window shall be made to open.

7.--(1) A house for which a sufficient water supply and means of drainage are available must be provided with a sink and water closet. Where sewers and watermains are not available other approved sanitary accommodation must be provided.

(2) A sanitary authority, where it appears to them desirable may permit the drainage of not more than fourteen houses by one common drain and may allow more than one house to be supplied with water from one communicating pipe.

(3) In every case where sewers and watermains are available house drains to the line and description shown on the approved plans and described in the specification published with the prescribed plans shall be provided and water laid on to the house.

(4) Where one soil pipe serves two or more self-contained flats in any one building the trap of every water closet communicating therewith shall be connected also with an anti-syphonage pipe not less than 3 inch bore.

(5) Where drainage into a cesspool is provided the cesspool shall be watertight, provided with a sealed cover and ventilated, and communication with the house drain shall be by a ventilated intercepting trap with cleaning arm. The cesspool shall not be less than sixty feet distant from any dwelling house.

8.--(1) In these Regulations the gross acreage of any site means the area of such site together with a portion of any street, abutting on the same between the middle of such street and the nearest boundary of such site, measured in acres.

(2) Except with the consent of the Minister the number of houses on any site shall not exceed twenty for each acre of the gross acreage of such site.

SCHEDULE II.

PRICE VARIATION CLAUSE.

If after the date of the tender on which this contract is based,

(a) the market price of any materials embodied in the works shall be increased over the price current at the date of the tender, the contractor shall be entitled to be paid such sum as the....................................* shall certify to be the amount of such increase ;

(b) the market price of any materials embodied in the works shall fall below the price current at the date of the tender, the total amount to be paid on foot of the contract shall be reduced by such sum as the................................* shall certify to be the amount of such decrease ;

(c) consequent on action initiated by workmen or workmen's organisations an increase occurs in the rate of wages current in the district over the rate current at the date of the tender, or if there was no such current rate recognised or prevailing in that district, over the rate current at such date in the nearest district in which the general industrial conditions are similar, the contractor has to increase the rate of wages of any workman employed on the works he shall be entitled to be paid such sum as the....................................* shall certify to be the amount of such increase ;

(d) consequent on a decrease in the rate of wages current in the district below the rate current at the date of the tender, or if there was no such current rate recognised or prevailing in that district, below the rate current at such date in the nearest district in which the general industrial conditions are similar the rate of wages of any workman employed on the works falls below the rate current at the date of the tender the total amount to be paid on foot of the contract shall be reduced by such sums as the....................................* shall certify to be the amount of such decrease ;

* Insert " Architect " or " Engineer " as the case may be.

(e) consequent on an increase in wages under (c) above the contractor has to pay increased premium for insurance under the Workmen's Compensation Acts, he shall be entitled to be paid such sum as the....................................* shall certify to be the amount of such increase in premium ;

(f) consequent on a decrease in wages under (d) above the contractor pays a decreased amount for insurance premium under the Workmen's Compensation Acts, the total amount to be paid on foot of the contract shall be reduced by such sum as the........................* shall certify to be the amount of such decrease in premium.

The contractor shall furnish such vouchers as the.............................* may deem necessary to enable him to certify as aforesaid.

SCHEDULE III.

PROCEDURE WHICH MUST BE FOLLOWED IN REGARD TO HOUSES TO WHICH PART II OF THESE REGULATIONS APPLIES.

1. Plans shall be submitted to the appointed officer in whose area the house is to be erected in the form required by the bye-laws (if any) in force with regard to new streets and buildings or by any local Act. In every case, whether bye-laws are in force or not, there shall be submitted to the appointed officer by the person or public utility society proposing to erect the house :--

(a) a site plan and house design or where one of the prescribed plans is intended to be used a reference to the number of the plan and a statement as to which of the arrangements or constructions shown on such plan is to be followed ;

(b) an undertaking in writing that the standard of construction will be in accordance with one of the specifications issued with the prescribed plans or equivalent thereto ;

(c) an undertaking in writing that throughout the erection of the house rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and conditions of labour generally recognised by trade unions in the area at the commencement of such erection ;

(d) where any form of construction, other than brick, stone or concrete is proposed a description of the method to be adopted and an undertaking that the construction will be carried out strictly in the form approved and will comply with one of the specifications issued with the prescribed plans in so far as it is applicable.

2. On receipt of such plans and other documents the appointed officer shall examine them, and, subject to the compliance of the plans and documents with the provisions of the Acts and of these Regulations, such appointed officer shall prepare in triplicate, a certificate of approval in Form A under his hand. One copy of the certificate, accompanied by the plans signed by the appointed officer shall be issued to the person or public utility society concerned, the remaining copies of the certificate shall be deposited forthwith with the Minister and the local authority respectively.

3. An appointed officer shall not issue a certificate of approval to a public utility society until such society has satisfied the Minister that it is a public utility society within the meaning of the Acts.

4. Where it is proposed to erect two or more self-contained flats in one building the appointed officer shall not issue a certificate of approval until the Minister has approved of the plans submitted.

5. Where it is proposed to erect ten or more houses on one site the appointed officer shall not issue a certificate of approval until the minister has approved of the block plan submitted.

* Insert " Architect or Engineer " as the case may be.

6. The person or public utility society to whom a certificate of approval is issued shall notify the Minister immediately when the erection of the house or houses referred to in the certificate is begun.

7. Application may be made for an instalment of the grant when the house has been roofed. In any case where such instalment is desired the person or public utility society erecting the house shall apply to the appointed officer, who, if satisfied after an inspection of the house :

(a) that the building has reached a stage at which payment of an instalment of the grant is fully warranted, and

(b) that the work then completed has been carried out in a proper and workmanlike manner with materials of sound quality and in accordance with the approved plans,

shall issue a certificate of partial completion in Form B.

8. When any person or public utility society erecting a house claims an instalment of grant and has received the certificates in Forms A and B, each of the certificates shall be forwarded to the Minister with a written application in Form C for such instalment.

9. When the house has been completed and occupied the person or public utility society erecting the house shall apply to the appointed officer for a certificate that it has been completed in a proper and workmanlike manner, and the appointed officer, if satisfied after an inspection of the house, shall issue in Form D a certificate as to completion and occupation.

10. When any person or public utility society has received a certificate in Form D in respect of a house erected by such person for his own occupation or by a public utility society for occupation by a member of such society he shall forward such certificate to the Minister with a written application in Form E for the grant then payable. In any case where no instalment of grant has been claimed, the certificate of approval in Form A shall accompany the application.

11. If and when the Minister is satisfied that the requirements of the Acts and of these Regulations have been complied with in respect of any new house, he may make a grant under the Acts in respect of such house, and shall in such case pay the amount thereof to the person or public utility society entitled thereto and notify the appointed officer and the local authority concerned that such grant has been made.

12. Each appointed officer shall keep a register of certificates issued by him.

13. In any case where the appointed officer is not a person employed by the Minister, he may require the applicant to give an undertaking in writing to pay to him as remuneration (inclusive of out-of-pocket expenses) for his services as appointed officer a fee not exceeding £2 2s. 0d. (two guineas) for each type of house for which separate plans were submitted, provided that where three or more houses are to be erected to the same plan a fee not exceeding £1 ls. Od (one guinea) per house may be charged. The fee will be payable to such appointed officer when application is made for the first certificate for payment of grant.

SCHEDULE IV.

FORMS.

Form A. Certificate of Appointed Officer approving of proposals.

 " B. Certificate of Appointed Officer as to partial completion of works.

 " C. Application to Minister for instalment of grant.

 " D. Certificate of Appointed Officer of completion.

 " E. Application to Minister for (balance of) grant.

FORM A.

Serial No..........................

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

GRANTS TO PERSONS AND PUBLIC UTILITY SOCIETIES ERECTING NEW HOUSES.

CERTIFICATE OF APPROVAL TO A PROPOSAL TO ERECT NEW HOUSE(S) UNDER THE ACTS.

Note :

(a) This certificate must be carefully preserved by the person or public utility society to whom it is granted and must be sent to the Minister for Local Government with the first certificate for payment (Form B or D) issued in respect of the house(s) referred to herein.

(b) The person or public utility society to whom this certificate is granted must notify the Minister for Local Government immediately when work is begun on the house(s) referred to herein.

(c) When the roof of (any of) the house(s) referred to in this certificate has been completed application may be made to the appointed officer for an instalment of the grant.

(d) If the house(s) referred to in this Certificate is/are not begun within six months from the date thereof the Certificate will become inoperative and if it is desired to proceed with the application, the Certificate must be returned to the Housing Section for renewal, together with details of the circumstances in which the commencement of the work has been delayed.

Name of Applicant..................................................

Address ............................................................ .......

This is to certify that I............................................................ .......... being an appointed officer for the purpose have approved the site, block plan house plans and methods of construction proposed in respect of the house(s) described below :

That the site, plans and methods of construction comply with the requirements prescribed by The Housing (New Houses) Regulations, 1948 :

That the Site of the house(s) is situate within the

County Borough of............................................................ ..

Urban District of............................................................ .......

Town of............................................................ .....................

Rural District of.........................in the County of..............

That subject to the conditions set out on the back of this Certificate the person(s) (public utility society) named above appear(s) to me to be eligible for the grant under the Acts.

SCHEDULE.

Given under my hand this...............day of.................................194......

(Signed) ............................................................ .....

Appointed Officer.

CONDITIONS.

(a) The house(s) must be completed in accordance with the approved plans on or before the date shown in column 8 of the Schedule of this Certificate.

(b) The house(s) when completed must be certified by an appointed officer to have been completed in a proper and workmanlike manner.

(c) Notwithstanding the issue by the appointed officer of the certificate referred to above, payment of the grant will not be made until the Minister has satisfied himself as to the accuracy of such certificate.

(d) The house(s) shall not be (a) house(s) erected in accordance with a reinstatement condition within the meaning of Section 10 of the Damage to Property (Compensation) Act, 1923 .

(e) The house(s) shall not be house(s) erected on or on any part of the site of a building in respect of the destruction of which compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or payment has been made on foot of an award made by the Compensation (Ireland) Commission ; or house(s) in respect of which a grant was made under the Housing (Building Facilities) Acts, 1924, or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 ; or house(s) in respect of which a grant was made under the Housing (Gaeltacht) Acts, 1929 and 1934, or, if the erection of the house(s) was not begun before 1st November, 1947, house(s) in respect of which a grant was made under the Housing (Financial and Miscellaneous Provisions) Acts. 1932 to 1948.

(f) The house(s) must comply with all the requirements of the Acts, and the Housing (New Houses) Regulations, 1948.

(g) The house(s) shall be open to inspection by the appointed officer or any other duly authorised officer of the Minister at any time before the final instalment of the grant is paid.

(h) A grant will not be paid in respect of a house if it is shown to the satisfaction of the Minister that rates of wages and conditions of employment generally recognised by Trade Unions in the area have not been paid or observed in the erection of the house.

(i) Materials and appliances manufactured or produced in Ireland, must be used as far as possible in the erection of the house(s).

(j) The house(s) when completed must be occupied by :

(1) in the case of a house erected by public utility society--a member of that society,

(2) in any other case--the person who erected the house.

FORM B.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

GRANTS TO PERSONS AND PUBLIC UTILITY SOCIETIES ERECTING NEW HOUSES.

CERTIFICATE OF PARTIAL COMPLETION OF THE ERECTION OF NEW HOUSE(S) UNDER THE ACTS.

Serial No. of Certificate A................

Note.--The application for an instalment of Grant printed on the back of this Form should be completed carefully by the person or public utility society to whom this Certificate is issued and the Form accompanied by the certificate of approval referred to above should be forwarded at once to the Minister for Local Government.

Name of Applicant...................................................

Address............................................................ .........

This is to certify that on   I inspected (each of) the house(s) set out in the Schedule below and comprised in Certificate A above referred to which was granted on    194 , by     , which house(s) has/have been roofed ; and that the work completed has been carried out in a proper and workmanlike manner and in accordance with the approved plans ; and that the house(s) is/are of entirely new construction and comply(ies) with the requirements of the Acts and The Housing (New Houses) Regulations, 1948.

SCHEDULE.

*The locality and description must be sufficient for identification.

This certificate includes (does not include) all the houses comprised in Certificate A referred to above.

Given under my hands this..................day of.................................194......

Signed...................................................

Appointed Officer.

County Borough of..........................................................

Urban District of............................................................ ...

Town of............................................................ .................

Rural District of..................in the County of.................

FORM C.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1948.

APPLICATIONS FOR INSTALMENT OF GRANT IN RESPECT OF THE ERECTION OF (a) NEW HOUSE(s) IN ACCORDANCE WITH THE PROVISIONS OF THE ACTS, AND THE CONDITIONS PRESCRIBED THEREUNDER.

To the Minister for Local Government.

I/We being the person(s) (public utility society) to whom the accompanying Certificate A, numbered , was granted by on the day of 19 , hereby make application for an instalment amounting to £ of the Grant claimed by me/us under the Acts, and in accordance with the foregoing, Certificate B dated the day of  194 .

The house(s) has/have not been erected in accordance with a reinstatement condition within the meaning of Section 10 of the Damage to Property (Compensation) Act, 1923 .

The house(s) has/have not been erected on or on any part of the site of a building in respect of the destruction of which compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933 or payment has been made on foot of an award made by the Compensation (Ireland) Commission.

The house(s) is/are not (a) house(s) in respect of which (a) grant(s) has/have been made under the Housing (Building Facilities) Acts, 1924, or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or the Housing (Gaeltacht) Acts, 1929 and 1934 (or the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1948) ^1.

In consideration of the payment of the sum now claimed I/We undertake to complete the house(s) in accordance with the provisions of the Acts and any Regulations made thereunder.

The house when completed will be occupied by....................................of................................................who is a member of the............................................................ ....Public Utility Society ^2.

The house when completed will be occupied by me ^3.

(Signature).......................................................

Address......................................................

......................................................

Date............................................................ 

1. Delete the words in brackets if not applicable.

2. Delete if application is not made by a public utility society.

3. Delete if application is made by a public utility society.

FORM D.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932--1948.

GRANTS TO PERSONS AND PUBLIC UTILITY SOCIETIES ERECTING NEW HOUSES.

CERTIFICATE OF COMPLETION OF THE ERECTION OF NEW HOUSE(S) UNDER THE ACTS.

Serial No. of Certificate A..................

Note.--The application for (balance of) Grant printed on the back of this form should be completed carefully by the person or public utility society to whom this Certificate is issued and forwarded at once to the Minister for Local Government. If the certificate of approval referred to above has not already been forwarded to the Minister it should accompany the application.

Name of Applicant...................................................

Address ............................................................ ........

This is to certify that (each of) the house(s) set out in the Schedule below and comprised in Certificate A above referred to which was granted on        19 , by      was/were inspected by me on     19 , and the house(s) was/were then completed in a proper and workmanlike manner and in compliance with the requirements of the Acts and the Housing (New Houses) Regulations, 1948.

The house(s) is/are of entirely new construction and is/are in all respects fit for human habitation.

The house is occupied by       who is (the applicant) (a member of the      Public Utility Society).

An instalment of the Grant amounting to £ was paid upon Certificate B issued by    on day of       19 .

SCHEDULE.

*The locality and description must be sufficient for identification.

This Certificate includes (does not include) all the houses comprised in Certificate A referred to above.

Given under my hand this...............day of..............................194......

Signed............................................................ 

Appointed Officer.

County Borough of............................................................ .....

Urban District of............................................................ ..........

Town of............................................................ .........................

Rural District of.........................in the County of..................

FORM E.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932-1948.

APPLICATION FOR (BALANCE OF) GRANT IN RESPECT OF THE ERECTION OF (A) NEW HOUSE(S) IN ACCORDANCE WITH THE PROVISIONS OF THE ACTS, AND THE PRESCRIBED THEREUNDER.

To the Minister for Local Government.

I/We being the person/s (public utility society) to whom the (accompanying) Certificate A, numbered was granted by   on the    day of   19 , hereby make application for payment of a sum of £  being (the balance of) the Grant claimed by me/us under the Acts, in respect of the house(s) referred to in the foregoing Certificate D, dated the    19 .

The house(s) has/have not been erected in accordance with a reinstatement condition within the meaning of section 10 of the Damage to Property (Compensation), Act, 1923.

The house(s) has/have not been erected on or on any part of the site of a building in respect of the destruction of which compensation has been paid on foot of either a decree or a report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or payment has been made on foot of an award made by the Compensation (Ireland) Commission.

The house(s) is/are not (a) house(s) in respect of which (a) grant(s) has/have been made under the Housing (Building Facilities) Acts, 1924, or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or under the Housing (Gaeltacht) Acts 1929 and 1934 (or under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1948).*

The house has been erected

(1) by me for my own occupation and is occupied by me.

(2) by a public utility society for occupation by (a) member(s) of that society and is/are occupied by such member(s).

I/We have already received an instalment amounting to £ respect of this/these house(s) on Certificate B, dated the  day of   19 .

Signature(s) ..........................................

Address ..........................................

..........................................

Date .............................................

*Delete the words in brackets if not applicable.

SCHEDULE V.

Procedure to be followed by housing authority proposing to make or making a grant wholly or partly by way of a grant of land to a public utility society under Section 20 of the Act of 1948.

1. A housing authority shall not make a grant wholly or partly by way of a grant of land as a site for a house save in accordance with a scheme (in these Regulations referred to as a " site scheme ") approved of by the Minister.

2. A site scheme submitted by a housing authority to the Minister for his approval shall set out :--

(a) the quantity and value of any land in the possession of the housing authority which it is proposed to apply for the purposes of the site scheme and the purpose for which such land was originally acquired ;

(b) the quantity and value of any land proposed to be acquired by the housing authority for the purposes of the site scheme ;

(c) the number of houses in respect of which grants are proposed to be made by way of grants of land.

3. The allocation of a grant by way of a grant of land shall be provisional until the housing authority has received notification from the Minister that he has determined the amount of grant payable by him to the public utility society in respect of the house or houses to be erected on the said land.

4. The public utility society shall enter into a covenant with the housing authority to purchase the land at the full market value and the covenant shall contain :--

(a) a covenant on the part of the society to erect on the site a house or a specified number of houses as shall be required by the site scheme, and

(b) a covenant on the part of the housing authority to forgo the purchase price or a specified portion thereof upon receiving notification from the Minister that the grant payable by the Minister has been finally paid.

5. The housing authority may, with the consent of the Minister, require a public utility society to pay all or part of any legal or other expenses incurred by them in connection with the grant of land to the society under a site scheme.