S.I. No. 79/1932 - The Housing (Reconstructed Houses) Order, 1932.


STATUTORY RULES AND ORDERS. 1932. No. 79.

THE HOUSING (RECONSTRUCTED HOUSES) ORDER, 1932.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

THE HOUSING (RECONSTRUCTED HOUSES) ORDER, 1932

The Minister for Local Government and Public Health, in exercise of the powers vested in him by section 14 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 , does by this his Order make the following regulations, that is to say:—

1.—This Order may be cited as the Housing (Reconstructed Houses) Order, 1932.

2.—(1) The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924.

(2) In this Order, the expression "the Minister" means the Minister for Local Government and Public Health; and the expression "appointed officer" means an officer appointed by the Minister for the purpose of sections 5 and 7 of the Act.

3.—This Order shall apply to houses in respect of the reconstruction of which a grant is sought by a person from the Minister under paragraph (h) of section 5 (1) of the Act.

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

5.—The forms set out in Schedule II 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 the reconstruction by a person of a house to which this Order applies.

6.—The date when the reconstruction of a house to which this Order applies 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 in relation to a house to which this Order applies, 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 to which this Order applies shall be 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.

9.—Where a house to which this Order applies 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.—Materials and appliances of Saorstát manufacture shall be used as far as possible in the work of reconstruction of a house to which this Order applies.

11. 1.—Any doubt, dispute or question which may arise as to the interpretation of the regulations contained in this Order and as to the making or the amount of a grant in respect of any house to which this Order applies shall be determined by the Minister and such determination shall be final.

Given under the Official Seal of the Minister for

Local Government and Public Health this ninth

day of September, in the Year One Thou-

sand Nine Hundred and Thirty-two.

(Signed) SE?N T. O'CEALLAIG,

Minister for Local Government and Public Health.

SCHEDULE I.

PROCEDURE WHICH MUST BE FOLLOWED IN REGARD TO RECONSTRUCTED HOUSES.

1. A person proposing to reconstruct a house in his occupation shall submit to the Minister the following plans and other documents:—

(a) a cutting from an ordnance survey sheet, 6 inch scale shewing the site of the house, the position of the house thereon and the reference number of the ordnance sheet or a sketch block plan shewing the site of the house and the position of the house thereon and having the locality of the house clearly described;

(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 reconstruction is to be carried out;

(c) a detailed statement of the estimated cost of such reconstruction;

(d) 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;

(e) where the person proposing to reconstruct a house in his occupation is a person who derives his livelihood solely or mainly from the pursuit of agriculture and who is in occupation of agricultural land and buildings, the rateable value of which does not exceed the limit specified in the Act:

(i) a declaration made by that person before a peace commissioner setting out full particulars of the land and buildings occupied by him, the rateable value thereof as shewn in the valuation lists under the Valuation Acts and the income of the declarant from all other sources; and

(ii) a certificate from the rating authority, or rating authorities, concerned as to the rateable value of the land and buildings in question;

(f) where the person proposing to reconstruct a house in his occupation is an agricultural labourer, a declaration made by that person before a peace commissioner that the declarant works for hire (other than as a domestic or menial servant) in a rural district or, if not working for hire, works in a rural district at some trade or handicraft without employing any persons except members of his own family and, if the declarant does not work for hire at agricultural work, that he is not in occupation of land exceeding in area one quarter of an acre.

2. On receipt of such plans and other documents, the Minister shall cause them to be examined and the house 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 house 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 plans and specification signed by the appointed officer shall be issued to the person 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 area the house is situate.

3. The person to whom a certificate of approval is issued shall notify the Minister immediately when the reconstruction of the house referred to in the certificate is begun.

4. Application for an instalment of grant may be made in Form 2 to the Minister by the person 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.

5. 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 approved plans and specifications,

shall prepare and deliver to the Minister a certificate of partial comp on in Form 3 on receipt of which the Minister, if 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.

6. When the reconstruction of a house has been completed, the person 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.

7. 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.

8. 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 entitled thereto and notify the local authority concerned that such grant has been made.

SCHEDULE II.

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 1.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

Grants to Persons Reconstructing Houses.

Certificate of capability of reconstruction of a house under the Act and of approval to such reconstruction.

NOTE.—(a) This certificate must be carefully preserved by the person 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 the reconstruction work referred to herein.

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

(c) When one-half (measured in value) of the work of reconstruction of the house 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 ofApplicant............................................................ .....................................

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 house described below:

That the house is capable of reconstruction:

That the house is in the occupation of the applicant named above:

That subject to the conditions set out on the back of this certificate the person named above appears to be eligible for the grant which the Minister for Local Government and Public Health may make under the Act.

SCHEDULE.

Locality and Description of House

Particulars of accommodation when reconstruction is completed

Floor Area of House

Method of construction

Appropriate grant for House as determined by the Minister

(The locality and description should be sufficient for identification.)

Living-room

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

and..............

bedrooms.

Given under my hand this..........................................................day of............................................................ ...193.........

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

Appointed Officer.

CONDITIONS.

(a) The reconstruction must be begun on or after the twelfth day of May, 1932;

(b) the resonstructed house must be completed in accordance with the approved plans and specifications before the first day of April, 1935;

(c) the reconstructed house 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 house 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; or a house in respect of which a grant was made by the Minister under the Housing (Building Facilities) Act, 1924 , or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or in respect of which a grant was made by the Minister for Lands and Fisheries under the Housing (Gaeltacht) Act, 1929 ;

(e) the reconstructed house must comply with all the requirements of the Act and the Housing (Reconstructed Houses) Order, 1932;

(f) the house 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;

(g) materials and appliances of Saorstat manufacture shall be used as far as possible in the reconstruction of the house.

FORM 2.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

Application for Instalment of Grant in respect of Reconstruction of House.

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

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, being the person to whom the above-mentioned certificate was granted on the    day of    193, hereby apply for an instalment of the grant claimed by me under the Act in respect of the reconstruction of the house referred to in that certificate at least one-half (measured in value) of the work having been done.

The house 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, or a house in respect of which a grant was made by the Minister under the Housing (Building Facilities) Act, 1924 , or the Housing Acts 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or in respect of which a grant was made by the Minister for Lands and Fisheries under the Housing (Gaeltacht) Act, 1929 .

In consideration of the payment of the instalment now claimed, I undertake to complete the work in accordance with the provisions of the Act and the Housing (Reconstructed Houses) Order, 1932.

Signature............................................................ ...................

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

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

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

FORM 3.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

Certificate of Partial Completion of Reconstruction of House.

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

To the Minister for Local Government and Public Health:

This is to certify that the house set out in the Schedule below and comprised in certificate of approval (Form 1) numbered    which was granted by  on the  day of    193 , to    of     was inspected by me on the    day of   193  .

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, 1932.

SCHEDULE.

Locality and Description of House

Particulars of accommodation when re-construction is completed

Floor area of House

Appropriate grant for House

Amount of Instalment recommended

£

£

(The locality and description should be sufficient for identification.)

Given under my hand this        day of              193  .

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

Appointed Officer.

FORM 4.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

Application for (Balance of) Grant in respect of Reconstruction of House.

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

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, being the person to whom the above-mentioned certificate was granted by 

    on the    day of   193 , hereby apply for the (balance of) grant amounting to £   claimed by me under the Act in respect of the reconstruction of the house 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, 1932.

I have already received an instalment amounting to £        in respect of the house referred to.

The house 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, or a house in respect of which a grant was made by the Minister under the Housing (Building Facilities) Act, 1924 , or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or in respect of which a grant was made by the Minister for Lands and Fisheries under the Housing (Gaeltacht) Act, 1929 .

Materials and appliances of Saorstat manufacture to the value of £    have been used in the reconstruction of the house.

Signature............................................................ ...........

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

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

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

FORM 5.

HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

Certificate of Completion in a Proper and Workmanlike Manner of Reconstruction of House.

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

To the Minister for Local Government and Public Health:

This is to certify that the house set out in the Schedule below and comprised in certificate of approval (Form 1) numbered     which was granted by    on the    day of     193 , to    of    was inspected by me on the   day of   193 .

That the reconstruction of the house has been completed in a proper and workmanlike manner and in compliance with the requirements of the Act and the Housing (Reconstructed Houses) Order, 1932.

SCHEDULE.

Locality and Description of House

Particulars of Accommodation Provided

Floor area of each House

Date of Completion

Appropriate Grant for House

(The locality and description should be sufficient for identification.)

Given under my hand this       day of            193

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

Appointed Officer.