S.I. No. 462/2009 - Housing (Standards For Rented Houses)(Amendment) Regulations 2009


S.I. No. 462 of 2009

HOUSING (STANDARDS FOR RENTED HOUSES)(AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st December, 2009.

I, MICHAEL FINNERAN, Minister of State at the Department of the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 5 (as amended by section 24 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992)) of the Housing Act 1966 (No. 21 of 1966) and by section 18 (as amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009)) of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )) and the Environment, Heritage and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2009 ( S.I. No. 407 of 2009 ), hereby make the following regulations:

1. (a) These Regulations may be cited as the Housing (Standards for Rented Houses)(Amendment) Regulations 2009.

(b) These Regulations come into operation on 1 December 2009.

2. The Housing (Standards for Rented Houses) Regulations 2008 ( S.I. No. 534 of 2008 ) are amended-

(a) in Article 3(5), by inserting after “let” the words “or available for letting”,

(b) in Article 4(1), after each occurrence of “let”, by inserting “or available for letting”,

(c) in Article 5, by substituting for sub-article (2) the following:

“(2) For the purposes of sub-article (1) ‘a proper state of structural repair’ means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.”,

(d) in Article 8 —

(i) in sub-article (1), by inserting after “let” the words “or available for letting”, and

(ii) by substituting for sub-article (2)(h) the following:

“(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.”,

(e) by substituting for Article 11 the following:

“Fire Safety

11. (1) Subject to sub-article (2), the house shall contain a fire blanket and either a mains-wired smoke alarm or at least two 10-year self-contained battery-operated smoke alarms.

(2) Each self-contained house in a multi-unit building shall contain a mains-wired smoke alarm, a fire blanket and an emergency evacuation plan.

(3) Emergency lighting shall be provided in all common areas within a multi-unit building.”, and

(f) In Article 14(3), by inserting after “let” the words “or available for letting”.

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GIVEN under my hand,

27 November 2009.

MICHAEL FINNERAN.

Minister of State at the Department of the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Housing (Standards for Rented Houses) Regulations 2008 for compatibility with the Housing (Miscellaneous Provisions) Act 2009 .