S.I. No. 389/1952:

HOUSING (RECONSTRUCTION GRANTS) REGULATIONS, 1952.

HOUSING (RECONSTRUCTION GRANTS) REGULATIONS, 1952.

The Minister for Local Government, in exercise of the powers vested in him by Section 8 of the Housing (Amendment) Act, 1950 (No. 25 of 1950), as amended by Section 22 of the Housing (Amendment) Act, 1952 (No. 16 of 1952), and in exercise of every other power enabling him in this behalf, hereby makes the following Regulations :--

1. These Regulations may be cited as the Housing (Reconstruction Grants) Regulations, 1952.

2. In these Regulations :--

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

the expression " the Act " means the Housing (Amendment) Act, 1950 (No. 25 of 1950) ;

the word " house " means a dwelling in respect of which a grant was applied for under Section 8 of the Act.

3. The procedure set out in Schedule I to these Regulations shall be complied with by the person proposing to reconstruct or reconstructing a house and by the housing authority.

4. The forms set out in Schedule II 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 for which they are respectively expressed to be applicable in relation to the reconstruction of a house.

5. Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the reconstruction of a house.

6. Where a house is to contain or be connected with a shop or business premises, a certificate of approval shall not be granted in respect thereof unless such shop or business premises has a distinct and separate entrance.

7. A grant shall not be made in respect of the reconstruction of a house unless such house is certified by the housing authority or, on appeal, by the Minister to be suitable for reconstruction and for occupation by persons of the working classes.

8. Payment of the grant shall not be made until the reconstruction shall have been certified by the housing authority or, on appeal, by the Minister to have been completed in a proper and workmanlike manner.

9. Any person aggrieved by the neglect or refusal of the housing authority to give a certificate required by these Regulations 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.

10. 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 shall be determined by the Minister and such determination shall be final.

11. The Housing (Reconstruction Grants) Regulations, 1950 ( S.I. No. 243 of 1950 ) are hereby revoked.

GIVEN under the Official Seal of the Minister for Local Government this Thirty-First day of December, One Thousand Nine Hundred and Fifty-two.

PATRICK SMITH

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

SEÁN MacENTEE

Minister for Finance.

SCHEDULE I.

PROCEDURE WHICH MUST BE FOLLOWED IN REGARD TO THE RECONSTRUCTION OF HOUSES.

1. A person proposing to reconstruct a house in his occupation shall submit the following documents to the housing authority :--

(a) a description of the work to be carried out with a sketch plan of any structural alterations or additions proposed ;   be

(b) a specification showing how the proposed reconstruction is to carried out

(c) a detailed statement of the estimated cost of such reconstruction ;

d) particulars of the applicant's occupation, employment or means of livelihood ;

(e) an undertaking in writing that throughout the reconstruction of the house, rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such reconstruction as the appropriate rates of wages and conditions of labour generally recognised from time to time by trade unions in the area during the period beginning with the commencement of such reconstruction and ending with the completion of the work.

2. On receipt of such documents, the housing authority shall cause the documents to be examined and the house to be inspected. If, after such examination and inspection, a certificate in the terms of Form A. prescribed by these Regulations can be given, the said certificate shall be completed by the housing authority. One copy of the certificate shall be issued to the person concerned, one copy shall be retained by the housing authority and one copy shall be issued to the Minister. The person concerned and the Minister shall at the same time be informed of the amount of the grant, if any, which the housing authority will, subject to the Act and these Regulations, be prepared to make in respect of the satisfactory completion of the reconstruction referred to in the said certificate.

3. If, on receipt of the said Form A. the Minister is satisfied that the proposed reconstruction is necessary in order to prolong the life of the house or to arrest or prevent deterioration or that it will substantially improve the amenities of the house, he shall notify the housing authority and the person concerned of the amount of the grant which he will be prepared, subject to the Act and these Regulations, to make in respect of the satisfactory completion of the reconstruction referred to in the said Form A.

4. When the reconstruction of a house has been completed, the person concerned shall apply to the housing authority in Form B. for the grant payable. The certificate of approval issued to him in Form A. shall accompany such application.

5. On receipt of such application, the housing authority shall cause the house to be inspected, and shall, if satisfied, prepare a certificate in Form C. One copy of the certificate shall be retained by the housing authority and one copy shall be issued to the Minister. At the same time the housing authority shall inform the Minister of the amount of the grant, if any, which they propose to make to the person entitled thereto in respect of such reconstruction.

6. If and when the Minister is satisfied that the requirements of the Act and of these Regulations have been complied with in respect of the reconstruction of a house, he may pay a grant in respect of such house, to the person entitled thereto and shall notify the housing authority concerned where such grant has been made.

7. Where the Minister has paid a grant to any person in respect of a house and the housing authority undertook to make a grant to such person in respect of the house, such housing authority shall thereupon pay such grant to the person entitled thereto and notify the Minister that such grant has been made.

SCHEDULE II.

FORMS.

Form A. Certificate of housing authority of eligibility of applicant for grant and of suitability and approval of reconstruction.

Form B. Application for grant.

Form C. Certificate of satisfactory completion.

FORM A.

GRANTS TO PERSONS RECONSTRUCTING HOUSES

Application by............................................................ .......................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , as amended by Section 22 of the Housing (Amendment) Act, 1952 , in respect of the reconstruction of a house at ............................................................ ............................................................ ....

This is to certify that :--

1. So far as can be ascertained, the particulars and declarations contained in the documents submitted with this application are accurate and true.

2. The applicant is in occupation of the house.

3. The applicant is not a person who is eligible under Section 16 of Housing (Amendment) Act, 1948 , for a grant for reconstructing a house in his own occupation.

4. The house is suitable for reconstruction.

5. The house is suitable for occupation by persons of the working classes.

6. The proposed reconstruction is necessary in order (a) to prolong the life of the house or (b) to arrest or prevent deterioration or (c) the proposed reconstruction will substantially improve the amenities of the house.

(Delete whichever alternatives do not apply).

7. The plans, specifications and method of reconstruction proposed have been approved by the housing authority.

8. The cost of the proposed reconstruction is estimated by the housing authority at £   *excluding the estimated cost of providing and installing a private water supply and sewerage facilities in respect of which a grant is being applied for under Section 7 of the Housing (Amendment) Act, 1952 .

9. The rateable valuation or the aggregate of the rateable valuations of any land or buildings occupied by the applicant does not exceed twelve pounds.

10. (a) No resolution for the making of a town planning scheme has been passed for this area.

(b) A special permission has been granted under the Town and Regional Planning Acts, 1934 and 1939, in respect of the works referred to in this application.

(c) The works referred to in this application do not contravene the Town Planning Scheme in force in this area.

(Delete whichever alternatives do not apply).

11. The said works will not contravene the provisions of any bye-laws or local Act.

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

(on behalf of the housing authority)

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

(*Delete if not applicable).

FORM B.

Application by............................................................ ............................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , as amended by Section 22 of the Housing (Amendment) Act, 1952 , in respect of the reconstruction of a house at............................................................ ............................................................ .........

I, being the person to whom the attached certificate A. was issued, hereby apply for the grant claimed by me under the Housing (Amendment) Act, 1950 , as amended by Section 22 of the Housing (Amendment) Act, 1952 , in respect of the reconstruction of the house referred to in that certificate.

The house is in my own occupation.

The particulars, specification and plan submitted by me have been followed in the execution of the said reconstruction (save in so far as was permitted by letter of the housing authority dated the......... day of..................................).

The house is not erected on or on any part of the site of a building in respect of the destruction of which compensation has been paid or is payable under the Neutrality (War Damage to Property) Act, 1941 , and is not a reconstructed house where compensation has been paid or is payable under that Act in respect of damage to the building before reconstruction.

A previous grant of.....................................was paid in respect of the erection or reconstruction of the house on the............................................................ ...........

(Note: A grant shall not be made where a previous grant has been made in respect of erection or reconstruction of the house unless a period of 15 years has elapsed since the completion of such erection or reconstruction, or 10 years where the proposed reconstruction includes the replacement of a thatched roof by a roof of slates or tiles).

In the execution of the said reconstruction rates of wages have been paid and conditions of labour observed at least as advantageous to the person employed on the work as the appropriate rates of wages and conditions of labour generally recognised from time to time by trade unions in the area during the period beginning with the commencement of such reconstruction and ending with the completion of the work.

Materials and appliances manufactured or produced in Ireland have been used as far as possible in the reconstruction of the house. The cost of the reconstruction has been £    *excluding the cost of providing and installing a private water supply and sewerage facilities in respect of which an application has been made for a grant under Section 7 of the Housing (Amendment) Act, 1952 .

(*Delete if not applicable.)

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

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

FORM C.

Application by....................................................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , as amended by Section 22 of the Housing (Amendment) Act, 1952 , in respect of the reconstruction of a house at..............................

This is to certify that :--

1. The house referred to above was inspected on behalf of the housing authority on the.................day of............................., 195 , and it was found that the reconstruction of the house has been completed in a proper and workmanlike manner and in compliance with the provisions of the Housing (Amendment) Act, 1950 , as amended as aforesaid and the Housing (Reconstruction Grants) Regulations, 1952.

2. The house is occupied by the person who carried out the work of reconstruction and by whom application has been made for a grant in respect of the said reconstruction.

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

(on behalf of the housing authority)

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