Housing Act, 1969

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Permission for demolition or use otherwise than for human habitation of habitable house.

4.—(1) Where an application is made to a housing authority in accordance with section 3 for permission for the demolition in whole or in part of any habitable house or the use of any such house otherwise than for human habitation, the authority may grant, subject to or without conditions, or refuse the permission.

(2) In determining an application made under section 3 a housing authority shall have regard to the state of repair of the house to which the application relates and to the adequacy of the supply of housing available in their functional area.

(3) Conditions under subsection (1) may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) a condition either requiring the provision by or on behalf of the applicant within a specified period of residential accommodation wholly or partly to replace the accommodation which it is intended to demolish or use otherwise than for human habitation or requiring a contribution by or on behalf of the applicant (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) incurred, or which is likely to be incurred, by a housing authority in providing such residential accommodation;

(b) a condition requiring a contribution by or on behalf of the applicant (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) incurred, or which is likely to be incurred, by a housing authority in providing accommodation to rehouse any person who will be displaced by reason of the intended demolition or change of use; provided that in case the house or a part of the house to which an application under section 3 relates is a controlled dwelling, the housing authority shall take into account any payment made or to be made under section 29 (1) (j) of the Rent Restrictions Act, 1960 , to any such person in respect of the displacement and may before providing such accommodation require part of such payment to be paid to them by or on behalf of the person;

(c) in case the house or a part of the house to which an application under section 3 relates is not a controlled dwelling, a condition requiring the payment (either in one sum or by instalments) by or on behalf of the applicant to any person who will be displaced from such house or part as a result of the intended demolition or change of use of such sum as the authority think proper for the purpose of enabling the person, without incurring hardship, to secure appropriate alternative accommodation;

(d) a condition requiring the taking of such reasonable steps in relation to works of demolition as will ensure that the works, either while being carried out or when completed, will neither cause injury to any adjoining or adjacent building nor interfere with the stability thereof and requiring the works to be carried out in such manner as may be specified in the condition.

(4) In case a housing authority when determining an application under section 3 for a permission for the demolition in whole or in part of any habitable house or the use of any such house otherwise than for human habitation decide to grant the permission subject to any or all of the conditions referred to in paragraphs (a) (b) and (c) of subsection (3) they may at the same time, if they think fit, decide to grant the permission subject to a further condition whereby the demolition or change of use shall not be carried out until the condition or conditions so referred to has or have been complied with and in case a permission is granted under this section subject to such a further condition this Act shall be construed and shall have effect in accordance with the further condition.

(5) (a) Where—

(i) an application is made to a housing authority in accordance with section 3 for a permission under this section, and

(ii) the housing authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the authority to grant the permission shall be regarded as having been given on the last day of that period.

(b) In paragraph (a), “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to give further particulars or to produce evidence in relation to the application has or have been given by the housing authority pursuant to section 3 (6) within the period of five weeks beginning on the day of receipt by the housing authority of the application—the period of five weeks beginning on the day on which the notice or notices has or have been complied with,

(ii) in any other case—the period of five weeks beginning on the day of receipt by the housing authority of the application.

(6) (a) Any person to whom a permission under subsection (1) has either been refused or granted subject to conditions may, at any time before the expiration of the period of three weeks beginning on the day on which he is notified of the decision, appeal to the Minister against the decision.

(b) Where an appeal is taken under this subsection from a decision of a housing authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the housing authority as from the time when it was given; and the provisions of this Act (other than subsection (5)) shall apply, subject to any necessary modification, in relation to the determination of the application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a housing authority.

(7) A decision of the Minister given under subsection (6) shall, for the purposes of this Act, have effect as if it were a decision under this Act of the housing authority from whose decision the relevant appeal was taken.

(8) Where a decision given under this section (whether on the original application or on appeal) by which any permission is refused or is granted subject to conditions, the notification of such decision shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions.

(9) A person shall not be entitled solely by reason of a permission under this section to carry out any works or use a house otherwise than as a dwelling.

(10) Nothing in this section shall prejudice or affect any remedy available to any person in respect of an injury (whether actual or prospective) to land, either at common law or otherwise.

(11) Money received under a condition mentioned in paragraph (a) or paragraph (b) of subsection (3) by a housing authority shall be applied by the authority for a purpose approved by the Minister for which capital money may be properly applied.

(12) In this section, “controlled dwelling” has the meaning assigned to it by section 2 of the Rent Restrictions Act, 1960 .