COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 11, 2016

MOTION NO.5

MOTION: Councillor E. O'Brien

That this Council, alters it current policy in relation to applications for consent to sales under Section 90 of the Housing Act 1966 and dispense with the requirement for a purchaser to obtain confirmation from Revenue that they have never previously received mortgage interest relief and thus effectively requires a proposed purchaser to be a first time buyer. 

REPORT: 

The terms and conditions pertaining to Consent to Sale are determined by Statute, specifically Section 90 of the Housing Act 1966, as outlined below.

"S90 (6)(b)

(b) subject to the foregoing paragraph,  the housing authority may, without prejudice to any other power in that   behalf, refuse to give such a consent if they are of opinion that—

(i) the intended purchaser or lessee is not a person in need of housing, or

(ii) the intended sale or lease would, if completed, leave the vendor or lessor or his dependants without adequate housing".

In order to meet these obligations, the Council requests a completed HPL1 form from Inspector of Taxes or if the purchaser has previously owned a property and cannot get a HPL1 form signed and stamped by Revenue Commissioners, they must submit a copy of the fully completed contracts for any property previously owned by the purchaser.  The purpose of this is to ensure that the purchaser is purchasing the property as their normal place of residence and is a person in need of housing.