Housing (Miscellaneous Provisions) Act 2009



Grants in respect of provision of sites under section 57 of Principal Act.

97.— (1) In this section and section 98

“ market value ”, in relation to a site, means the price for which the unencumbered fee simple of the site might reasonably be expected to be sold on the open market;

“ qualified purchaser ” means a household which—

(a) has been assessed by a housing authority under section 20 as being qualified for social housing support, or

(b) is a tenant in a dwelling provided by—

(i) a housing authority under the Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000 ,

(ii) a rental accommodation provider pursuant to a rental accommodation availability agreement, or

(iii) an approved body,

and includes a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the qualified purchaser or his or her successor in title and the personal representative of that person or successor in title;

“ site ” means a site provided by a housing authority under section 57 of the Principal Act.

(2) The Minister may, with the consent of the Minister for Finance, and subject to such regulations as may be made for the purposes of this section, pay to a housing authority out of moneys provided by the Oireachtas a grant of such amount as the Minister may determine in respect of—

(a) the provision by the authority of a site to an approved body for—

(i) the erection, other than by or on behalf of a housing authority, of a dwelling or dwellings for the purposes of letting to households assessed under section 20 as being qualified for social housing support, or

(ii) the erection of a dwelling or dwellings for the purposes of sale to qualified purchasers,


(b) the provision of a site to a qualified purchaser.

(3) The amount of a grant payable by the Minister under subsection (2), may be used to defray all or any of the following costs incurred by the housing authority—

(a) site acquisition costs including loan interest and other related costs,

(b) costs of works necessary for or incidental to the development of the site for the purposes of the erection of the dwelling or dwellings, and

(c) professional, legal and any other costs incurred by the authority in relation to the provision of the site.

(4) The Minister may make regulations providing for, in particular, but without prejudice to the generality of subsection (2), all or any one or more of the following:

(a) the terms and conditions subject to which a grant may be made under this section, including terms and conditions relating to the ownership of a site provided by a housing authority to an approved body for the purposes specified in subsection (2) (a);

(b) the means of determining the purchase price of a site having regard to its market value;

(c) the range of the amount of the grant paid for the purposes of subsection (2) (a) (i), having regard to the location of the site and the type of dwelling to be erected on the site;

(d) the maximum grant payable for the purposes of paragraph (a) (ii) or (b) of subsection (2);

(e) requirements in relation to the payment of the grant including, but not necessarily limited to, terms and conditions relating to—

(i) the use of the dwelling as the qualified purchaser’s normal residence, and

(ii) repayments to a housing authority under section 98 ;

(f) requirements in relation to standards of construction and works.