COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF HOUSING SPC

Wednesday, February 10, 2016

HEADED ITEM NO.

HEADED ITEM: M. Donovan

S90 following motion of Cllr O’Brien

REPLY:

Section 90 – Consent to Sale

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".

For the purpose of S90 (6)(b)(i) the council does not require the prospective purchaser to be a first time buyer but does seek to satisfy the conditions that the prospective purchaser is a person in need of housing (i.e. does not own a property that he or she could reasonably reside in) and is purchasing the property as their primary place of residence.

In order to satisfy this statutory provision, the Council requests a completed HPL1 form from Inspector of Taxes or in circumstances where the prospective purchaser has previously owned a property and cannot get a HPL1 form signed and stamped by Revenue Commissioners, they must submit a signed copy of the contract for the sale of that property. The purpose of this is to ensure that the purchaser is purchasing the property as their primary place of residence and is a person in need of housing.

For the purpose of S90 (6)(b)(ii) in order to satisfy this statutory provision prospective vendors are required to provide details of alternative accommodation available to the vendor or lessor or his dependants, and in circumstances where this information is not forthcoming, then the prospective vendor is required to submit a Sworn Affidavit declaring his intention not to apply in the future for social housing support.