25/04/1924:

THE HOUSING (NEW HOUSES) ORDER, 1924.

MADE BY THE MINISTER FOR LOCAL GOVERNMENT UNDER THE HOUSING (BUILDING FACILITIES) ACT, 1924 .

PRESCRIBING RULES, CONDITIONS AND PLANS IN RELATION TO GRANTS TO PERSONS ERECTING NEW HOUSES UNDER THE ACT

MINISTRY OF LOCAL GOVERNMENT.

HOUSING (BUILDING FACILITIES) ACT, 1924 .

WHEREAS by the Housing (Building Facilities) Act, 1924 (in this Order referred to as " the Act ") the Minister for Local Government is empowered to prescribe certain rules, conditions, plans and other matters, including the rules, conditions and plans 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, 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 1 to this Order, shall be the prescribed conditions under paragraph (a) of sub-section (1) of Section 3 of the Act, in relation to new houses erected under the Act.

3.--Plans shall from time to time be published and placed on sale for the following classes of new houses and for such other classes of new houses as may be deemed desirable, that is to say:--

A. Three-roomed houses containing a living-room and two sleeping rooms. (Minimum area 520 square feet).

B. Four-roomed houses containing a living-room, parlour and two sleeping rooms. (Minimum area 780 square feet).

C. Four-roomed houses containing living-room and three sleeping rooms. (Minimum area 710 square feet).

CL. Four-roomed houses suitable for areas where sewers and watermains are not available, containing living-room and three sleeping rooms. (Minimum area 520 square feet).

D. Five-roomed houses, containing living-room, parlour and three sleeping rooms. (Minimum area 820 square feet);

and such plans when published shall be the prescribed plans for new houses under paragraph (b) of sub-section (1) of Section 3 of the Act.

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 erection of a new house in respect of which a grant is to be made under the Act by the person proposing to erect or erecting 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 to which they are respectively expressed to be applicable, in relation to new houses erected under the Act.

6.--The date when the erection of a house is begun shall be deemed to be the date when the construction of the foundations is begun, notwithstanding any excavation, site-clearance, cartage of materials or other preliminary work carried out prior to that date.

7.--(1) No grant shall be made in respect of any new house, the erection of which is begun before the passing of the Act, unless an application is made to the Minister within three months after the passing of the Act to authorise the appointed officer to issue a certificate of approval to such house.

(2) An application under sub-article (1) of this Article in respect of any house must be accompanied by

(a) evidence sufficient to satisfy the Minister that the erection of such house was begun after the twentieth day of October, 1923;

(b) the plans of such house and any other documents in connection therewith which the Minister may require.

(3) If the Minister, on an application under sub-article (1) of this Article, is satisfied in regard to any house the erection of which was begun before the passing of the Act, that--

(a) such erection was begun after the twentieth day of October, 1923;

(b) such house is in reasonable accordance with the provisions of the Act and this Order;

he may authorise the appointed officer to issue a certificate of approval in respect of such house notwithstanding that such erection was begun before the passing of the Act, and may if such certificate is issued make such grant as he thinks fit in respect of such house.

8.--No grant shall be payable, notwithstanding the issue of a certificate of the appointed officer required by the Act or this Order that any of the provisions thereof have been complied with, until the Minister is satisfied after taking such steps as he may think desirable, as to the accuracy of such certificate.

9.--In ascertaining for the purposes of the Act or of this Order the floor area of any room, the area of any floor of a house and the total area of all floors of a house (in these rules referred to as " the total area ") the following rules shall be complied with, that is to say:--

(1) The floor area of any room shall be measured within the containing walls of such room.

(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 total area 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.

10.--A new house for the purposes of the Act and of this Order may include a party wall of an existing building, but no other portion of an existing building.

11.--Where a new house is to contain or be connected with a shop, office, building premises, garage or stable--

(1) The appointed officer shall not issue a certificate of approval in respect thereof unless such shop, office, business premises, garage or stable has a distinct and separate entrance;

(2) 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.

12.--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.

13.--This Order may be referred to as " The Housing (New Houses) Order, 1924. "

Given under My Seal of Office, this 25th day

of April, in the Year of Our Lord, One

Thousand Nine Hundred and Twenty-Four.

SÉAMUS DE BÚRCA,

Minister for Local

Government.

SCHEDULE 1.

Conditions prescribed by the Minister for Local Government as to the site, aspect, planning, construction, sanitation and number per acre of new houses in respect of which grants may be made under the Housing (Building Facilities) Act, 1924 .

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

2.--Every house shall be spaced and arranged on its site and planned so that the greater number of the rooms in it may receive all available direct sunlight.

3.--The houses shall be set back not less than 35 feet from the centre of the street or 70 feet from the opposite frontage whichever may be greater, but this requirement may be dispensed with by the Minister in any particular case if he is satisfied on the representations of the person erecting the house and of the sanitary authority concerned that exceptional circumstances exist which render rigid adherence to this requirement undesirable.

4.--(1) The following areas shall be prescribed minimum floor areas for certain rooms in the classes of houses referred to in Article 3 of this Order, that is to say:--

(2) In special circumstances the appointed officer may with the consent of the Minister issue a certificate of approval, or the Minister may make a grant in respect of a house in which the floor area of room or rooms is slightly less than the prescribed minimum floor area for such room or rooms.

5.--The appointed officer shall not grant a certificate of approval in respect of any house unless every living or sleeping room therein, in respect of its height, complies with the following rules:--

(a) if the room is immediately below the roof, the height of the room throughout two-thirds of the floor area shall be not less than 8 feet and throughout the remainder of the floor area not less than 6 feet;

(b) if the room is not immediately below the roof, the height of the room throughout the floor area shall be not less than 8 feet.

6.--Every house shall be constructed of brick, stone or concrete, with tiled or slated roof, unless the Minister approves of the use of some other material for the construction of a particular house or of particular houses. Every room in every house shall be provided with a window or windows of which the glass area shall not be less than 1/10th of the floor area of such room and one-half at least of every window shall be made to open.

7.--(1) A house for which a sufficient water supply and means of drainage are available must be provided with a sink and water closet and may be provided with a bath. Where sewers and watermains are not available a pail closet must be provided. Privies or earth closets with fixed receptacles shall not be approved.

(2) A sanitary authority, where it appears to them desirable, may permit the drainage of not more than 14 houses by one common drain and may allow more than one house to be supplied with water from one communicating pipe.

(3) 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 be not less than sixty feet distant from any dwelling house.

(4) In every case where sewers and watermains are available house drains to line and description shown on prescribed plans and described in the specification issued therewith shall be provided and water laid on to the house.

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 houses per gross acre on any site shall not exceed twenty, and except in special circumstances and on partly developed land should not exceed twelve.

SCHEDULE II.

Procedure which must be followed in regard to new houses under the Act.

1.--Plans shall be submitted to the appointed officer in whose area the houses are proposed to be erected in the form required by the bye-laws (if any) in force with regard to new streets and buildings or by any local Act. In every case, whether bye-laws are in force or not, there shall be submitted to the appointed officer by the person who proposes to erect the houses:--

(a) a block plan (in duplicate) to a scale of 1/500 or other scale of not less than 1 inch to 44 feet showing the lay-out, roads and sewers;

(b) complete plans and sections (in duplicate) of the proposed house or houses to a scale of not less than one inch to eight feet or where one of the prescribed plans is intended to be used a reference to the number of the plan and a statement as to which of the arrangements or constructions shown on such plan is to be followed;

(c) an undertaking in writing (which may be made by an endorsement upon the plans) 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, approved by the Minister 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) where the appointed officer is a person employed by the Minister there shall also be submitted a certificate from the sanitary authority that the bye-laws, if any, or any local Act in force in the district with respect to new streets or buildings have been complied with save in so far as the provisions of such bye-laws or local Act are at variance with the Act, or the conditions prescribed thereunder.

2.--On receipt of such plans and other documents the appointed officer shall examine them with all possible speed, and, subject to the compliance of the plans and documents with the provisions of the Act and this Order, such appointed officer shall prepare, in quadruplicate, a certificate of approval, in Form A under his hand. One copy of the certificate, accompanied by one set of the documents signed by the appointed officer shall be issued to the person concerned; the second copy of the certificate, together with the duplicate set of the documents shall be retained by the appointed officer, and the remaining copies of the certificate shall be forthwith deposited with the Minister and the local authority, respectively.

If any doubt, difficulty or dispute arises in regard to the issue or refusal to issue a certificate, the question may be referred by any of the parties concerned to the Minister, whose decision shall be final.

3.--Application for an instalment of grant may be made when the house has been roofed. In every case where such instalment is desired the person erecting the house shall make application to the appointed officer in Form B.

Within 14 days of the receipt of such application the appointed officer shall inspect the house, and if satisfied--

(a) that the building 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 good workmanlike manner with materials of sound quality and in full accordance with the plans and specification,

shall issue a certificate in Form C.

4.--When any person erecting a house claims an instalment of Grant and has received the certificates in Forms A and C he shall forward to the Minister each of the original certificates with a written application in Form D for such instalment.

5.--When the house has been completed the person erecting the house shall apply to the appointed officer for a certificate that it has been completed in a proper and workmanlike manner, and the appointed officer shall at once examine the house, and if satisfied shall issue in Form E a certificate of completion.

If the appointed officer refuses or neglects to grant such certificate, any person aggrieved may appeal to the Minister, and the Minister, if satisfied that the certificate has been unreasonably withheld, may issue the certificate.

6.--When any person erecting a house has received Certificate E he shall forward such certificate to the Minister with a written application in Form F for the Grant then payable.

In any case, where no instalment of Grant has been claimed Certificate A shall be forwarded with Certificate E.

7.--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 new house, he may make a grant under the Act in respect of such house, and shall in such case pay the amount thereof to the person entitled thereto and notify the appointed officer and the Local Authority concerned that such grant has been made.

8.--Each appointed officer shall keep a register of applications made to him and of all certificates issued by him, and shall give a serial number to each of the certificates A and the same serial number to each of the certificates C and E issued in respect of the house or houses referred to in the Certificate A.

9.--In any case where the appointed officer is not a person employed by the Minister, he may require the applicant to give an undertaking in writing to pay to him in respect of any expenses incurred by him in the examination of documents and any other work involved in connection with the application a fee not exceeding £2 2 0 (two guineas) for each type of house for which separate plans are submitted, provided that where three or more houses are to be erected to the same plan a fee not exceeding £l 1 0 (one guinea) per house may be charged. The fee will be payable to such appointed officer when application is made for the first certificate for payment of Grant.

SCHEDULE III.

FORMS.

FORM A.

GRANTS TO PERSONS ERECTING NEW HOUSES.

(To be prepared in quadruplicate, copies to be forwarded at once to the Minister and Local Authority.)

Certificate of approval of a proposal to erect houses under the Housing (Building Facilities) Act, 1924 .

NOTE.--This certificate must be carefully preserved by the person to whom it is granted, and must be sent to the Minister for Local Government, together with the first certificate for payment (Form C or E) issued in respect of the house(s) referred to therein.

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

of .............................

This is to certify that I ............................................................ ................................ being an appointed officer for the purpose have approved the site, block plan, house plans and method of construction proposed, as submitted to me on the   day of  , 192 , by    of     , in respect of the house(s) described below:

That the site, plans and method of construction comply with the conditions prescribed by The Housing (New Houses) Order, 1924.

That the site of the house(s) is situate within the

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

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

Rural District of .....................................

in the County of ......................................

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

That the site of the house(s) is not on or on any part of the site of a former house which was or is the subject of a claim under the Damage to Property (Compensation) Act, 1923 , (No. 15 of 1923) or any other Act relating to compensation for criminal injuries.

And that subject to the conditions set out below the person(s) named above appear(s) to me to be eligible for the Grant(s) which the Minister for Local Government may make under the Act.

SCHEDULE

The conditions referred to above are as follows:--

(a) the erection of the house(s) must be commenced within the period specified in the Act;

(b) the house(s) when completed must be certified by an appointed officer or on appeal by the Minister for Local Government to have been completed in a proper and workmanlike manner and to be in all respects fit for human habitation:

(c) the house(s) shall be completed before the twenty-first day of October, 1925, or within such further period not exceeding four months as the Minister may in any particular case allow, provided where the erection is 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 of the erection;

(d) the house(s) when erected must comply with the standards of planning and construction prescribed in Schedule 1 to The Housing (New Houses) Order, 1924.

(e) the house(s) shall not at any time before the 26th day of June, 1926, be sold or leased at a price(s), fine(s) or rent(s) exceeding the appropriate fine(s), price(s) or rent(s) specified in Part 1 of the Schedule to the Act;

(f) the house(s) to which this certificate refers shall be open to inspection by any duly authorised officer of the Minister for Local Government at any time before the grant is paid;

(g) the Minister for Local Government may in any case where he is not satisfied that the necessary conditions have been complied with reduce or refuse to make the Grant.

Given under my hand this       day of         , 192 .

(Signed) ....................................

Appointed Officer

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

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

Rural District of ...................................................

In County of ........................................................

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

FORM B.

Application for Certificate from appointed officer when payment of an instalment of Grant under The Housing (New Houses) Order, 1924, is sought.

To the appointed officer.

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

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

Rural District of ....................................................

in County of ...... ...................................................

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

I/we being the person(s) to whom Certificate A numbered    was issued on the    day of         , 192 , hereby apply for a certificate of partial completion of the proposal approved of by the Certificate.

The Local Authority, viz., the               , have

decided to supplement the Government Grant by

(State here nature and amount of local authority's assistance).

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

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

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

FORM C.

GRANTS TO PERSONS ERECTING NEW HOUSES.

(For use in cases where payment of an instalment of Grant is sought.)

To be prepared in quadruplicate, copies to be forwarded at once to the Minister and the Local Authority.

Certificate that building work upon house(s) in course of erection under the Housing (Building Facilities) Act, 1924 , has been completed to such extent and in such manner as to warrant the issue of an instalment of Grant.

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

NOTE.--This certificate must be carefully preserved by the person to whom it is issued, and must be sent to the Minister for Local Government in support of any claim that may be made for payment of an instalment of Grant.

To .........................................................

of ...................................................

This is to certify that on           I inspected (each of) the following house(s) comprised in Certificate A numbered    , which was granted on       by     , which house(s) has/have been roofed and that building work to the value of £      had then been satisfactorily done.

The said amount is the sum of the amounts set opposite the descriptions of the several houses in column 5 of the table below.

The house(s) has/have been measured by me in accordance with The Housing (New Houses) Order, 1924, and the total area of each of the house(s) as so measured is that set opposite to its description below.

That the house(s) has/have not been erected in fulfilment of a reinstatement condition within the meaning of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923) on or on any part of the site of a former house which was or is the subject of a claim under the said Act or any other Act relating to compensation for criminal injuries.

That the house(s) has/have been laid out in a suitable manner upon a suitable site and that the workmanship and materials used in and about the building comply fully with the requirements of the Housing Order above referred to.

That the house(s) is/are of entirely new construction.

In this case the Local Authority have decided to supplement the Government Grant in respect of the house(s) referred to in the following manner:--

This Certificate includes (does not include) all the houses comprised in Certificate A referred to above.

Given under my hand this     day of

  192 .

Appointed Officer.

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

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

Rural District of ............................................................ ......

in County of ............................................................ ...........

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

FORM D.

HOUSING (BUILDING FACILITIES) ACT, 1924 .

Claim for instalment of Grant in respect of the erection of a new house.

To the Minister for Local Government.

I/We being the person(s) to whom the attached Certificate A, numbered  was granted by   on the    day of    , 192 , hereby apply to the Minister for Local Government for an instalment amounting to £   of the Grant claimed by me/us under the Housing (Building Facilities) Act, 1924 , and in accordance with the foregoing Certificate No.  , dated the   day of  , 192 .

In consideration of the payment of the sum now claimed I/we undertake to complete the house(s) in accordance with the provisions of the said Act and any conditions prescribed thereunder.

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

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

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

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

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

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

FORM E.

GRANTS TO PERSONS ERECTING NEW HOUSES.

(To be prepared in quadruplicate, copies to be forwarded at once to the Minister and Local Authority.)

Certificate that the houses erected under the Housing (Building Facilities) Act, 1924 , have been completed in a proper and workmanlike manner.

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

NOTE.--This Certificate must be carefully preserved by the person to whom it is issued, and must be sent to the Minister for Local Government in support of his/their claim.

To ....................................

of ....................................

This is to certify that each of the following house(s) comprised in Certificate A numbered   ,which was granted on    , 192 , by    , was/were inspected by me on     , 192 , and the house(s) was/were then completed fit for occupation.

That the house(s) has/have been measured by me in accordance with The Housing (New Houses) Order, 1924, and that the total area of (each of) the house(s) as so measured is that set opposite to its description below.

That the house(s) has/have not been erected in fulfilment of a reinstatement condition within the meaning of the Damage to Property (Compensation) Act, 1923 , (No. 15 of 1923) on or on any part of the site of a former house which has been or is the subject of a claim under the said Act or any other Act relating to compensation for criminal injuries.

That the house(s) has/have been constructed in a proper and workmanlike manner and in compliance with the requirements as to site, aspect, planning, size, materials and construction prescribed by the Act and by the Order above referred to.

That the house(s) is/are of entirely new construction and is/are in all respects fit for human habitation.

That an instalment of the Grant amounting to £       was paid upon Certificate C No.     , issued by      , on   day of   , 192 .

In this case the Local Authority have decided to supplement the Government Grant by ............................................................ ..........................

and in my opinion the monetary value of this assistance is £

* The locality and description must be sufficient for identification.

This Certificate includes (does not include) all the houses comprised in Certificate A referred to above.

Given under my hand this   day of

  192 .

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

Appointed Officer.

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

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

Rural District of ....................................

in the County of .....................................

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

FORM F.

HOUSING (BUILDING FACILITIES) ACT, 1924 .

Claim for (balance of) Grant in respect of the erection of new house(s) in accordance with the provisions of the Housing (Building Facilities) Act, 1924 , and conditions prescribed thereunder.

To the Minister for Local Government.

I/We being the person/s to whom Certificate A numbered   was granted by  , on     day of    192 , hereby make application for payment of a sum of £    , being (the balance of) the Grant/s claimed by me/us under the Housing (Building Facilities) Act, 1924 , in respect of the house(s) covered by Certificate E, numbered

I/We have already received an instalment amounting to £        in respect of this/these house(s) on Certificate C, No.        , dated the  day of     , 192 .

I/We have received the following assistance from the Local Authority, the    , towards the erection of this/these house(s):--

(specify nature of assistance, if any).

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

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

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

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

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

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

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

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

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

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