I move:
That Dáil Éireann approves the following Order in draft:
Housing Act, 1969 (Continuance) Order, 1979
a copy of which Order in draft was laid before Dáil Éireann on 24 October, 1979.
D'achtuíodh Acht na dTithe, 1969, mar Acht sealadach toisc go raibh ganntannas géar tithíochta ann ag an am, go háirithe i mBaile Atha Cliath agus i gcuid des na bailte móra eile, agus ceapadh sa tráth sin nach mairfeadh an ganntannas ro-fhada. Bhronn an tAcht cumhachtaí ar údaráis tithíochta chun scartáil tithe áirithe nó a n-úsáid ar dhoigh seachas mar ionad cónaithe a rialú. Leanadh i ngníomh é le Ordaithe a dheineadh sna blianta 1972, 1974 agus 1977 agus éagfaidh se ag deireadh na miosa seo chugainn muna leanfar bhfeidhm é arís le Ordú a dhéanfaidh a tAire Comhshaoil tar éis dó cead na Dála agus an tSeanaid a fháil. Tá cead Seanaid Eireann faighte cheana féin.
The 1969 Act provides generally that the permission of the housing authority must be obtained for the demolition or change of use of a habitable house in their administrative area. When determining an application for permission, housing authority must take cognisance of the state of repair of the house to which the application relates and the adequacy of the supply of dwellings in it functional area. An authority may refuse permission or grant it with or without conditions and may, in granting permission, require the provision of replacement accommodation or a contribution towards the cost of providing it.
The expectations in 1969 were that the restrictions imposed temporarily by the Act, combined with an increase in the output of new houses and in the number of existing houses being repaired and improved with the aid of Government incentives, would progressively ease the situation to a point where the controls under this Act would no longer be necessary. However, while housing output has greatly increased since 1969 and a huge number of houses have been preserved and improved with the aid of loans and grants from public funds, the circumstances which gave rise to the introduction of the Act have not entirely disappeared. I am satisfied that a need still exists for some form of control over the change of use or demolition of habitable houses to facilitate commercial or industrial development which, due to economic factors, can often be financially more rewarding than the retention of houses for residential purposes.
While statistics furnished to my Department show that the provisions of the Act have been utilised by at least 38 housing authorities, the greater part of the activity has been confined to the Dublin and Cork city areas. Up to the end of September this year, Dublin Corporation had reached 2,021 applications for permission. Of these, 886 were refused and 1,135 were granted subject to conditions. During the same period, Cork Corporation received 257 applications. Permission was granted in 181 cases, refused in 61 and 15 applications were withdrawn.
There is a right of appeal to the Minister for the Environment where a housing authority refuses permission or grants it subject to conditions. Up to 30 September 802 such appeals had been submitted. Of these, 48 were invalid as they were not received within the statutory period, 585 were determined, 112 were withdrawn, and the remainder were under consideration at that date.
In November 1977, when a motion proposing the continuance in force of the 1969 Act for a further two years was being debated in the Dáil, the Minister for the Environment indicated that permanent provisions for the type of control exercised under the Act were then being prepared. The task of making the provisions permanent was being undertaken in the belief that, with some amendments of the terms of the 1969 Act, the new provisions would form a realistic and equitable method of control and that it would be possible to incorporate the revised provisions in the Housing Bill, the preparation of which was well advanced.
Following the making of the order extending the 1969 Act up to 31 December 1979, the proposals then in draft for making permanent provisions were reconsidered in the light of the debates in the Dáil and the Seanad which preceded the making of the order. Subsequently, when the proposals for legislation on the subject were considered in consultation with other Departments, attention was drawn to a number of problems to which the proposals could give rise and to associated and conflicting considerations which it would be difficult to reconcile.
In this context, there was, and is, the argument that the controls may have the effect, in the case of refusal of permission for a change of use from a habitable house to an alternative and more profitable use, of making it difficult, if not impossible, for the owner to maintain the property economically, as a result of which it may deteriorate rapidly and be lost to the housing stock.
Representations have been made in this regard about the policy operated in relation to limited areas within their district by some housing authorities under which permissions for change of use of houses in the area are generally refused. This can have the effect of bringing about the steady, and sometimes rapid, deterioration of whole streets of houses, worth retaining on architectural grounds, but which would require a level of expenditure on maintenance and improvement which the income obtainable from lettings as houses and flats would not make economically viable.
A further consideration which arises is that a refusal of permission cannot ensure that the habitable house retained will be occupied as a dwelling. Again, where permission is given subject to conditions requiring at least the same amount of habitable accommodation to be provided in the course of redevelopment, the new accommodation may not, in many cases, be a suitable alternative for the persons or families displaced. In other words, the stock of the type of housing they require will be diminished and the replacement accommodation provided on the site may be too expensive for them. This point was referred to by Deputy Ruairí Quinn when a similiar Motion was before this House on 7 December 1977.
There has been considerable, and justifiable, criticism of developers who set out to defeat the objectives of the Act by allowing habitable houses to remain unoccupied, unmaintained and a target for vandals. They do this on the basis that the restrictions under the Act on redevelopment will no longer apply when the dwellings become unfit for human habitation. There are provisions in the temporary Act which were intended to enable local authorities to deal with such cases of deliberate dilapidation, but in practice these powers were found to be unworkable. Attempts by local authorities to enforce the controls were not successful. This is an unsatisfactory situation, one which will receive careful attention when proposals for permanent legislation to replace the 1969 Act are being prepared.
Finally, there is the question of whether or not provision for compensation should be provided in cases of refusal of permission, either to demolish or change the use of a habitable house. No such provision had been seen as necessary in the temporary Act. But it has been argued that the absence of such a provision can, in some cases, be inequitable to the owners of property affected. On the other hand, provision for payment of compensation generally could make the operation of the Act unduly costly for local authorities.
These legal, administrative and functional problems could not, because of their complexity, be resolved without unduly delaying the preparation by my Department, and the consideration by the Dáil and Seanad, of the other aspects of housing legislation which were enacted last August in the Housing (Miscellaneous Provisions) Act, 1979. Rather than hold up these other changes in housing legislation, for some of which there was an urgent need, it was decided to defer a decision on the future of the 1969 Act until the recent Bill had been enacted.
While I have mentioned a number of factors which might appear to justify allowing the 1969 Act to lapse nevertheless I am satisfied, on balance, that there is a need to provide housing authorities with some positive powers of control over the unwarranted demolition or change of use of sound houses and flats. To guide me in deciding what form these controls should take in the future I decided that a detailed analysis of the operations under the Act should be carried out by all housing authorities concerned, not only of the results of the grants of permission for either demolition or change of use, but, even more so, of the effects on the houses and the neighbourhoods in respect of which permissions were refused. I have asked local authorities, particularly those who actively operate the provisions of the Act, to make this analysis and to inform me of the results. In the light of the findings of this survey, having regard also to any views or recommendations which Deputies might like to put forward today, I hope in the coming months to decide what policies governing the control by housing authorities of sound existing housing accommodation might most appropriately be adopted.
In the meantime, I recommend to the House that the existing controls should be retained for the further period proposed in the draft order now before the Dáil.