S.I. No. 75/1958 - Housing (Repair and Improvement Works) Regulations, 1958.

S.I. No. 75 of 1958.

HOUSING (REPAIR AND IMPROVEMENT WORKS) REGULATIONS, 1958.

The Minister for Local Government in exercise of the powers conferred on him by section 12 of the Housing (Amendment) Act, 1954 (No. 16 of 1954) hereby makes the following Regulations :—

1. These Regulations may be cited as the Housing (Repair and Improvement Works) Regulations, 1958.

2. The Housing (Repair and Improvement Works) Regulations, 1954 ( S.I. No. 200 of 1954 ) are hereby revoked.

3. These Regulations shall come into operation on the 1st day of April, 1958.

4. In these Regulations—

" the Minister " means the Minister for Local Government ;

" the Act " means the Housing (Amendment) Act, 1954 (No. 16 of 1954) ;

" appointed officer " means an officer appointed by the Minister for the purposes of section 7 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932) ;

" house " means a house in respect of which a grant is applied for under section 12 of the act ;

" housing authority " means the housing authority in whose area the house is situate.

5. These Regulations (with the exception of article 6) shall apply to grants under section 12 of the act for which application is made to the Minister on or after the commencement of these Regulations.

6. (1) Where, before the commencement of these Regulations, a person applied to a housing authority for a grant under section 12 of the act and the housing authority have not given a certificate of approval in the form G in Schedule II of the Housing (Repair and Improvement Works) Regulations, 1954, the housing authority shall send to the Minister the documents in their possession relating to the grant.

(2) On receipt of these documents, the Minister if satisfied that the requirements of section 12 of the act as amended by section 9 of the Housing (Amendment) Act, 1956 . (No. 31 of 1956) have been complied with, may make a grant under section 12 of the act to the person entitled thereto and shall notify the housing authority of the making of the grant.

7. (1) The procedure set out in Part I of the Schedule to these Regulations shall be complied with by the housing authority and by the applicant for a grant under section 12 of the act.

(2) The forms set out in Part II of the Schedule to these Regulations shall be prescribed forms and shall be used for the purposes for which they are respectively expressed to be applicable.

8. On receipt of an application for payment of a grant in the Form H in Part II of the Schedule hereto, the Minister, if satisfied that the requirements of these Regulations and of section 12 of the act as amended by section 9 of the Housing (Amendment) Act, 1956 have been complied with, may make a grant under section 12 of the act to the person entitled thereto and shall notify the housing authority of the making of the grant.

9. 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 works on a house shall be determined by the Minister and such determination shall be final.

SCHEDULE.

PART I.

PROCEDURE.

1. A person intending to obtain a grant for the execution of repair works or improvement works on a house shall submit to the Minister the following documents :—

(a) A completed application in a form to be obtained from the Department of Local Government ;

(b) a certificate by the housing authority that the house is suitable for repair or improvement or, where the housing authority have refused to give such a certificate, an appeal to the Minister under subsection (4) of section 12 of the Act ;

(c) a description of the works to be executed with a sketch plan of any structural alterations or additions proposed ;

(d) a specification showing how the proposed works are to be executed ;

(e) a detailed estimate of the cost of the works, excluding the cost of any decoration and the cost of any works in respect of which a grant is sought under section 7 of the Housing (Amendment) Act, 1952 , or section 11 of the Housing (Amendment) Act, 1956 ;

(f) a statement of the number of separate dwellings to be provided in the house after the execution of the works and of the number of rooms in each dwelling, the nature and floor area of each room, the nature and extent of existing and proposed sanitary accommodation, water supply and paving and drainage of courts, yards or passages ;

(g) an undertaking in writing (i) that throughout the execution of the works, rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in executing the works 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 and endingwith the completion of the works and (ii) that materials and appliances manufactured or produced in Ireland shall be used as far as possible in the execution of the works and that all materials and appliances used shall conform to the current standard quality for the particular work.

2. On receipt of these documents, the Minister shall cause them to be examined and the house to be inspected by an appointed officer. If after examination and inspection a certificate in the terms of Form G in Part I of the Schedule hereto can be given, the said certificate shall be completed by the appointed officer and forwarded to the Minister.

3. If on consideration of the said documents and certificates the Minister is satisfied that the house and the proposed works comply with the requirements of these Regulations and of section 12 of the Act of 1954 as amended by section 9 of the Housing (Amendment) Act, 1956 , he shall notify the applicant and the housing authority of the amount of the grant which he will be prepared to make in respect of the execution of the works referred to in the said documents.

4. When the works have been completed, application for payment of the grant shall be made to the Minister in Form H in Part II of the Schedule hereto.

PART II.

FORMS.

HOUSING (AMENDMENT) ACT, 1954 .

HOUSING (REPAIR AND IMPROVEMENT WORKS) REGULATIONS, 1958.

FORM G.

CERTIFICATE OF APPROVAL TO PROPOSED REPAIR OR IMPROVEMENT WORKS.

* I certify that the execution of the proposed works on the house referred to above has been required by a notice served under section 19 of the Housing (Miscellaneous Provisions) Act, 1931 .

* I certify that the house referred to above :

(a) is occupied/suitable for occupation by persons of the working classes/agricultural labourers, and

(b) is/is likely to become by reason of structural/sanitary defects dangerous or injurious to health, or

(c) that the proposed works are necessary for the purpose of rendering the house more suitable for human habitation.

The plans, specification and method of repair or improvement proposed have been approved by me.

The estimated cost does not include the cost of any decoration or of any works for which a grant under section 7 of the Housing Act, 1952, or section 11 of the Housing (Amendment) Act, 1956 , has been sought.

Subject to the terms of the memorandum on the back of this certificate the applicant appears to be eligible for the grant.

Date............................................................ .................  Signed............................................................ .............

Appointed Officer.

* Delete as required.

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

APPLICATION FOR GRANT.

FORM H.

TO THE MINISTER FOR LOCAL GOVERNMENT.

I have completed the works referred to above and hereby claim payment of the grant of £...........provisionally allocated.

The works have been completed in accordance with the provisions of the above Regulations and of section 12 of the Housing (Amendment) Act, 1954 , as amended by section 9 of the Housing (Amendment) Act, 1956 and subject to the terms of the memorandum on the back of this form.

Full Signature............................................................ ..........(Applicant).

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

(In Block Letters).

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

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

MEMORANDUM.

(1) The certificate of approval overleaf will become invalid if the works are not begun within six months from the date thereof. If it is then desired to proceed with the application, the certificate must be sent to the Minister for Local Government for renewal, together with details of the reasons for the delay in commencement.

(2) The works when completed must be certified by a duly authorised officer of the Minister to have been completed in a satisfactory and efficient manner.

(3) Notwithstanding the issue of any certificate, payment of a grant will not be made until the Minister has satisfied himself as to the accuracy of the certificate.

(4) The works shall be open to inspection by any duly authorised officer of the Minister at any reasonable time before the grant is paid.

(5) Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the execution of the works and the materials and appliances shall conform with the current standard quality for the particular work.

(6) Throughout the execution of the works, rates of wages and conditions of labour at least as advantageous to the persons employed in executing the works as those generally recognised by trade unions in the area shall be paid and observed.

GIVEN under the Official Seal of the Minister for Local Government this Twenty-sixth day of March, One Thousand Nine Hundred and Fifty-eight.

NEIL T. BLANEY,

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

Dated this 26th day of March, 1958.

SÉAMUS Ó. RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

These regulations prescribe the conditions to be complied with by applicants for grants under section 12 of the Housing (Amendment) Act, 1954 for repair and improvement works on houses. They replace the Housing (Repair and Improvement Works) Regulations, 1954 ( S.I. No. 200 of 1954 ).