28/05/1925: The Housing (Reconstructed Houses) Order, 1925.

MADE BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH UNDER THE HOUSING ACT, 1925 .

PRESCRIBING RULES, REGULATIONS AND CONDITIONS IN RELATION TO GRANTS TO PERSONS AND PUBLIC UTILITY SOCIETIES RECONSTRUCTING HOUSES UNDER THE ACT.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

HOUSING ACT, 1925 .

WHEREAS by the Housing Act, 1925 (in this Order referred to as "the Act") the Minister for Local Government and Public Health is empowered to prescribe certain rules, regulations, conditions and other matters, including the rules, regulations and conditions prescribed by this Order, and such other regulations as may be required for carrying the Act into effect:

AND WHEREAS the regulations prescribed by this Order are necessary for carrying the Act into effect:

NOW THEREFORE I, the Minister for Local Government and Public Health in exercise of the powers given me by the Act and of all other powers enabling me in that behalf do hereby order and prescribe as follows:—

1. In this Order every expression shall, save where the context otherwise requires, have the same meaning as in the Act.

2. The conditions in respect of sites, aspects, planning, construction, sanitation and number per acre of houses set out in Schedule I to this Order, shall be the prescribed conditions under Rule 7 of the First Schedule to the Act in relation to reconstructed houses to which the Act applies:

Provided that 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 condition undesirable:

Provided further that in any such case where the said conditions are not fully complied with the Minister may reduce the amount of the grant as he thinks fit.

3. Reconstructed houses shall be in general accordance with the plans prescribed under The Housing (New Houses) Order, 1925, or such other plans as may be approved by the Minister.

4. The regulations set out in Schedule II to this Order in regard to procedure shall be prescribed regulations and shall be complied with before and during the reconstruction of each house to which the Act applies by the person or public utility society proposing to reconstruct or reconstructing the same and by the appointed officer.

5. The forms set out in Schedule III to this Order 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 reconstructed houses to which the Act applies.

6. The date when the reconstruction of a house is begun shall be deemed to be the date when the actual building work is begun, notwithstanding any demolition, clearance, cartage of materials or other preliminary work carried out prior to that date.

7. Where a certificate of an appointed officer required by the Act or this Order, that any of the provisions thereof have been complied with, has been issued, no grant shall be payable until the Minister is satisfied as to the accuracy of such certificate.

8. (1) The floor area of a house for the purposes of the Act and of this Order shall he the sum of the areas of every floor together with any porch or open space within the lines of the containing walls of the house which increases the bulk thereof.

(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 this Order be measured within the containing walls of such room.

9. Where a reconstructed house is to contain or be connected with a shop, office, business premises, garage or stable—

(a) the appointed officer shall not grant 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 Act and of this Order.

10. Any doubt, dispute, or question which may arise as to the interpretation of the rules, conditions and regulations by this Order prescribed 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. This Order may be referred to as "The Housing (Reconstructed Houses) Order, 1925."

Given under My Seal of Office this twenty-eighth day

of May, in the Year of Our Lord, One Thousand

Nine Hundred and Twenty-Five.

(Signed) SÉAMUS DE BÚRCA,

Minister for Local Government and Public Health.

SCHEDULE I.

Conditions prescribed by the Minister as to the site, aspect, planning, construction, sanitation and number per acre of reconstructed houses to which the Act applies.

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 situate at such elevation that it may be easily drained and sewered when such is necessary and that the ground floor of the house will be above the level of the street.

2.—Every house shall be planned so that the greatest possible number of rooms in it may receive all available direct sunlight.

3.—No existing building which is set back less than 35 feet from the centre of the street or less than 70 feet from the opposite frontage shall unless the Minister otherwise approves be certified by the appointed officer to be capable of reconstruction.

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 rules:—

(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) All defective portions of the existing building shall be removed and the building work shall be carried out in brick, stone or concrete and the roof shall be slated or tiled, unless the Minister approves of the use of some other material in any particular house or particular houses, and the standard of construction shall be in accordance with one of the specifications issued 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) Every room in every house shall have or 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) Every reconstructed house for which a sufficient water supply and means of drainage are available must be provided with a sink and a water closet. Where sewers and watermains are not available a pail closet must be provided.

(2) A sanitary authority, where it appears to them desirable, may permit the drainage of several reconstructed houses in any one existing building by one common drain and soil pipe and may allow more than one such reconstructed house to be supplied with water from one communication pipe.

(3) Where one soil pipe serves more than one reconstructed house the trap of every water closet communicating therewith shall be connected also with an anti-syphonage pipe not less than 3" bore.

(4) 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 approved specification shall be provided and water laid on to the house.

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

8.—(1) In this Order the gross acreage of any site means the area of such site together with the 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 reconstructed houses on any site shall not exceed thirty for each acre of the gross acreage of such site and except in special circumstances should not exceed twenty.

SCHEDULE II.

Procedure which must be followed in regard to reconstructed houses to which the Act applies.

1.—A person or public utility society proposing to convert an existing building into one or more reconstructed houses shall submit to the Minister the following plans and other documents:—

(a) block plan (in duplicate) to the scale of 1/500 or other scale of not less than one inch to 44 feet shewing the layout, roads and sewers existing and proposed;

(b) complete plans and sections (in duplicate) to a scale of not less than one inch to eight feet and specifications (in duplicate) shewing how the proposed conversion is to be carried out;

(c) 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;

(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;

(e) a detailed statement of the estimated cost of such conversion;

(f) a certificate from the sanitary authority concerned that the byelaws, if any, or any local Act in force in its district in regard to new streets or buildings have been complied with save in so far as the provisions of such byelaws or local Acts are at variance with the provisions of this Order;

(g) where the existing building is situate within the boundary of a county borough or urban district or a town having commissioners under the Towns Improvement (Ireland) Act, 1854, particulars of the locality and a description of the premises sufficiently detailed to enable identification;

(h) where the existing building is not situate within the boundary of a county borough or urban district or a town having town commissioners but

(i) is situate within a distance of 880 yards from the nearest point of such boundary, a cutting from an Ordnance Survey Sheet, 6 inch scale, shewing clearly the county and number of the Ordnance Sheet, the boundary and the exact position of the existing building in relation thereto;

(ii) is situate within the boundary of a town having a population according to the latest census of not less than 500, a cutting from an Ordnance Survey Sheet, 6 inch scale, having clearly marked thereon, the county and number of the Sheet, the exact position of the existing building, the boundary of the town and the population thereof as shewn in the latest census return.

2.—On receipt of such plans and other documents the Minister shall cause them to be examined and the existing building to be inspected by an appointed officer who shall, if he is satisfied, and subject to the compliance of the plans and other documents with the provisions of the Act and this Order, prepare in triplicate and deliver to the Minister a certificate in Form 1 under his hand certifying that the existing building is capable of reconstruction and approving of the proposed reconstruction and such certificate shall set out the amount of grant which the Minister may determine to be appropriate to the reconstructed house or houses covered thereby. One copy of the certificate accompanied by one set of the documents signed by the appointed officer shall be issued to the person or public utility society concerned, the second copy of the certificate, together with the other documents shall be retained by the Minister, and the third copy shall be issued to the local authority in whose functional area the existing building is situate.

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 Act.

4.—An appointed officer shall not issue a certificate of approval in respect of a proposal to reconstruct an existing building into two or more self-contained flats until the Minister has approved of the plans and specification submitted.

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

6.—Application for an instalment of grant may be made in Form 2 to the Minister by the person or public utility society concerned when at least one-half (measured in value) of the work of reconstruction has been done, and such application shall be accompanied by the appointed officer's certificate of approval in Form 1.

7.—On receipt of such application the Minister shall cause the works to be inspected by an appointed officer who, if satisfied—

(a) that the work 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 approval plans and specification;

shall prepare and deliver to the Minister a certificate of partial completion in Form 3 on receipt of which the Minister is satisfied that the requirements of the Act and this Order have been complied with may pay such instalment as he thinks fit and shall notify the local authority concerned accordingly.

8.—When the reconstruction of a house has been completed the person or public utility society concerned shall apply to the Minister in Form 4 for the grant payable, and unless it has previously been furnished the appointed officer's certificate of approval in Form 1 shall accompany such application.

9.—On receipt of such application the Minister shall cause the works to be inspected by an appointed officer who shall, if satisfied, prepare in Form 5 and deliver to the Minister a certificate that the work has been completed in a proper and workmanlike manner.

10.—If and when the Minister is satisfied that the requirements of the Act and of this Order have been complied with in respect of any reconstructed house, he may pay a grant or where an instalment has already been received the balance of a grant under the Act in respect of such house, and shall in every case pay the amount thereof to the person or public utility society entitled thereto and notify the local authority concerned that such grant has been made.

11.—(1) If an appointed officer refuses or neglects to prepare any certificate required from him under the Act or this Order in respect of a reconstructed house, any person or public utility society aggrieved may appeal to the Minister.

(2) If any doubt, difficulty or dispute arises as to the issue of a certificate the matter may be referred by any of the parties concerned to the Minister whose decision shall be final.

SCHEDULE III.

FORMS.

Form 1. Certificate of appointed officer of capability and approval of reconstruction.

 ,,2. Application to Minister for instalment of grant.

 ,,3. Certificate of appointed officer as to partial completion of works.

 ,,4. Application to Minister for (balance of) grant.

 ,,5. Certificate of appointed officer of completion.

FORM I.

HOUSING ACT, 1925 .

GRANTS TO PERSONS AND PUBLIC UTILITY SOCIETIES RECONSTRUCTING HOUSES.

Certificate of capability of reconstruction of an existing building as a house or houses to which the Act applies and of approval to such reconstruction.

NOTE.—(a) This certificate must be carefully preserved by the person or public utility society to whom it is issued, and must accompany the first application to the Minister for Local Government and Public Health for payment of grant in respect of all or any of the reconstruction work referred to herein.

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

(c) When one-half (measured in value) of the work of reconstruction of (any of) the house(s) referred to in this certificate has been completed application may be made to the Minister for Local Government and Public Health for an instalment of the grant.

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

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

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

This is to certify that I............................................................ ....................

being an appointed officer for the purpose, have approved of the plans, specification and method of construction proposed, in respect of the reconstructed house(s) described below:

That the site, plans and method of construction comply with the conditions prescribed by The Housing (Reconstructed Houses) Order, 1925:

That the existing building is capable of reconstruction as (a) house(s) to which the Act applies:

That the existing building is situate—

That subject to the conditions set out on the back of this certificate the person(s) (public utility society) named above appear(s) to be eligible for the grant which the Minister for Local Government and Public Health may make under the Act.

SCHEDULE.

Given under my hand this......day of..................192...

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

Appointed Officer.

CONDITIONS.

(a) the reconstruction must be begun after the seventeenth day of April, 1925;

(b) the reconstructed houses must be completed in accordance with the approved plans and specifications beforethe eighteenth day of October, 1926, or within such further period not exceeding four months as the Minister may in any particular case allow, provided that where the houses are not completed within eighteen months from the passing of the Act, and the time for such completion is extended, the grant shall, unless the Minister otherwise directs, be reduced by one-tenth for every month between the expiration of the said eighteen months and the date of actual completion;

(c) the reconstructed houses when completed must be certified by an appointed officer (or on appeal by the Minister) to have been completed in a proper and workmanlike manner;

(d) the existing building which it is proposed to reconstruct shall not be a building in respect of the destruction of which compensation has been awarded under the Damage to Property (Compensation) Act, 1923 , or in respect of the destruction of which a report has been made under Section 15 of that Act.

(e) the reconstructed houses must comply with all the requirements of the Housing Act, 1925 , and The Housing (Reconstructed Houses) Order, 1925;

(f) the houses to which this certificate refers shall be open to inspection by the appointed officer or any other authorised officer of the Minister at any time before the final instalment of the grant is paid.

FORM 2.

HOUSING ACT, 1925 .

Application for instalment of grant in respect of reconstructed house or houses to which the Act applies.

Serial No. of appointed officer's certificate in Form 1.........

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

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

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

County of............................................................ .....

NOTE.—The Serial Number of the appointed officer's certificate of approval should be accurately set out above.

To the Minister for Local Government and Public Health/ I/We being the person(s) (public utility society) to whom the above-mentioned certificate was granted on the       day of    192, hereby apply for an instalment of the grant claimed by me/us under the Housing Act, 1925 , in respect of the reconstructed house(s) referred to in that certificate at least one-half (measured in value) of the work having been done.

The existing building which is being reconstructed is not a building in respect of the destruction of which compensation has been awarded under the Damage to Property (Compensation) Act, 1923 , or in respect of the destruction of which a report has been made under section 15 of that Act.

In consideration of the payment of the instalment now claimed I/we undertake to complete the work in accordance with the provisions of the Housing Act, 1925 , and The Housing (Reconstructed Houses) Order, 1925.

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

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

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

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

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

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

FORM 3.

HOUSING ACT, 1925 .

Certificate of partial completion of reconstructed house or houses to which the Act applies.

Serial No. of appointed officer's certificate in Form 1 . . . . . . .

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

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

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

County of ................................................

To the Minister for Local Government and Public Health/

This is to certify that the reconstructed houses(s) set out in the Schedule below and comprised in certificate of approval (Form 1) numbered     which was granted by        on the       day of  192 , to       of             , was/were inspected by me on the    day of  192 .

That at least one-half (measured in value) of the work was then completed in a proper and workmanlike manner and in compliance with the requirements of the Act and The Housing (Reconstructed Houses) Order, 1925.

SCHEDULE.

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

Given under my hand this     day of   192 .

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

Appointed Officer.

FORM 4.

HOUSING ACT, 1925 .

Application for (balance of) grant in respect of reconstructed house or houses to which the Act applies.

Serial No. of appointed officer's certificate in Form 1 . . . . . . .

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

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

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

County of...................................................

NOTE.—The Serial Number of the appointed officer's certificate of approval should be accurately set out above.

To the Minister for Local Government and Public Health/

I/We being the person(s) (public utility society) to whom the above-mentioned certificate was granted by on the   day of 192 , hereby apply for the (balance of) grant amounting to £   claimed by me/us under The Housing Act, 1925 , in respect of the reconstructed house(s) referred to in that certificate.

The work has now been completed in accordance with the provisions of the Act and The Housing (Reconstructed Houses) Order, 1925.

I/We have already received an instalment amounting to £   in respect of the house(s) referred to.

The existing building which has been reconstructed is not a building in respect of the destruction of which compensation has been awarded under the Damage to Property (Compensation) Act, 1923 , or in respect of the destruction of which a report has been made under section 15 of that Act.

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

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

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

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

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

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

FORM 5.

HOUSING ACT, 1925 .

Certificate of completion in a proper and workmanlike manner of reconstructed house or houses to which the Act applies.

Serial Number of appointed officer's certificate in Form 1 . . . . .

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

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

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

County of...................................................

To the Minister for Local Government and Public Health/

This is to certify that the reconstructed house(s) set out in the Schedule below and comprised in certificate of approval (Form 1) numbered    which was granted to          of       on the       day of     192   , by         was/were inspected by me on the       day of    192 .

That the reconstruction of the house(s) has been completed in a proper and workmanlike manner and in compliance with the requirements of the Act and The Housing (Reconstructed Houses) Order, 1925.

S C H E D U L E

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

Given under my hand this     day of     192 .

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

Appointed Officer.