S.I. No. 420/1953 - Housing (New Houses) (Amendment) Regulations, 1953.


S.I. No. 420 of 1953.

HOUSING (NEW HOUSES) (AMENDMENT) REGULATIONS, 1953.

The Minister for Local Government, in exercise of the powers conferred on him by sections 19 and 20 of the Housing (Amendment) Act, 1948 (No. 1 of 1948) as amended by section 16 of the Housing (Amendment) Act, 1952 (No. 16 of 1952) and section 6 of the Housing (Amendment) Act, 1950 (No. 25 of 1950), and in exercise of all other powers enabling him in this behalf, hereby makes the following Regulations :—

1.—(1) These Regulations may be cited as the Housing (New Houses) (Amendment) Regulations, 1953.

(2) The Housing (New Houses) Regulations, 1948 to 1951 and these Regulations shall be read and construed as one and may be cited together as the Housing (New Houses) Regulations, 1948 to 1953.

2. In these Regulations—

" the Act of 1948 " means the Housing (Amendment) Act, 1948 (No. 1 of 1948) ;

" the Regulations of 1948 " means the Housing (New Houses) Regulations, 1948 ( S.I. No. 90 of 1948 ) ;

" the Regulations of 1950 " means the Housing (New Houses) Regulations, 1950 ( S.I. No. 267 of 1950 ).

3. The Regulations of 1948 shall be and are hereby amended as follows :—

(a) Paragraph (b) of sub-article (2) of article 19 of the said Regulations shall be amended by the insertion immediately after the words " sell the house " of the words " within a period of 15 years from the date of the said undertaking. "

(b) The following sub-article shall be substituted for sub-article (2) of article 22 of the said Regulations :—

" (2) A house to which this Part of these Regulations applies shall when completed be let, but not for any term of years exceeding ten."

(c) The following sub-article shall be substituted for sub-article (8) of article 22 of the said Regulations:—

" (8) The title deed of a house to which this Part of these Regulations applies shall, where the title to the premises is not registered under the Registration of Title Acts, 1891 and 1942, have endorsed thereon a note to the effect that an undertaking has been given in pursuance of section 19 of the Act of 1948 as amended by section 16 of the Housing (Amendment) Act, 1952 , by the person erecting the house that, subject to the provisions of these Regulations, he will not sell the house within a period of 15 years from the date of the undertaking, and that he will let the house subject to the provisions of these Regulations."

(d) The following sub-article shall be added to article 22 of the said Regulations :—

" (9) Where, as respects a house to which this Part of these Regulations applies, the title to the premises is registered under the Registration of Title Acts, 1891 and 1942 an inhibition shall be entered on the folio relating to the premises to the effect that the said undertaking has been given and that no disposition of the said premises shall be registered within a period of fifteen years from the date of the said undertaking, without notice to the housing authority."

(e) Article 23 of the said Regulations shall be amended by the insertion immediately after the words " authority, be sold " of the words " within a period of 15 years from the date of the undertaking given in pursuance of section 19 of the Act of 1948, as amended by section 16 of the Housing (Amendment) Act, 1952 ."

(f) The following paragraph shall be substituted for paragraph (e) of article 23 of the said Regulations :—

" (e) the purchaser shall give to the housing authority an undertaking that, subject to the provisions of these Regulations, he will not sell the house within a period of fifteen years from the date of the first undertaking given in respect of the house in pursuance of section 19 of the Act of 1948, as amended by section 16 of the Housing (Amendment) Act, 1952 , and that during such period he will let the house subject to the provisions of these Regulations and particulars of such undertaking shall be endorsed on the title deed of the house or where the title to the house is registered under the Registration of Title Acts 1891 and 1942 an inhibition shall be entered on the folio relating to the houseto the effect that the said undertaking has been given and that no disposition of the said premises shall be registered within the said period without notice to the housing authority."

(g) Paragraph (c) of sub-article (1) of article 24 of the said Regulations shall be amended by the insertion immediately after the words " not be sold " of the words " within the period specified in the said undertaking."

4. Schedule I to the Regulations of 1948 as amended by the Regulations of 1950 is hereby further amended—

(a) by the addition of the following sub-paragraph to paragraph 5 thereof :—

" (4) Notwithstanding the provisions of sub-paragraph (3) of this paragraph the bedrooms in a house of 4 rooms or in a house of 5 or more rooms may be so planned that the area of the floor of any bedroom is less than 80 square feet, but not less than 70 square feet, provided that the aggregate of the areas of the floors of three bedrooms is not less than 350 square feet in the case of a house of 4 rooms and not less than 345 square feet in the case of a house of 5 or more rooms."

(b) by the substitution for sub-paragraph (5) of paragraph 10 thereof of the following sub-paragraph :—

(5) Where a septic tank is provided it shall be situated if possible on the lowest part of the site and on the down wind side of the house, and shall be not less than 60 feet distant from any dwelling house or public roadway. The tank shall be water-tight and the walls shall be constructed of concrete of not less than 9 inches thickness. The minimum dimensions shall be 6 feet by 2 feet, with an average liquid depth of 4 feet. The tank shall be provided with inlet and outlet T pieces. The floor of the tank shall slope towards the inlet end. The tank shall be covered with concrete slabs, which shall be so arranged as to give ample ventilation and to permit of easy removal for cleansing purposes. The effluent from the septic tank shall be discharged through unjointed pipes laid in the adjacent subsoil, if suitable for percolation, or otherwise disposed or by shallow sub-surface irrigation. The drain from the house to the septic tank shall be at least 4 inches in diameter laid with a minimum cover of 2 feet and at a gradient of approximately ¼8 and shall include a manholefor cleansing purposes. Satisfactory arrangements for disposing of the effluent from the septic tank shall be made, including provision to ensure that there is no risk of contaminating a water supply."

GIVEN under the Official Seal of the Minister for Local Government, this thirty-first day of December, One Thousand Nine Hundred and Fifty-three.

PATRICK SMITH,

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

PROINSIAS MAC AOGÁIN,

Acting Minister for Finance.