Reply - H17 (b) Affordable Dwellings Scheme of Priority Report

COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 10, 2022

HEADED ITEM NO. 17

DRAFT SCHEME OF PRIORITY FOR AFFORDABLE DWELLING PURCHASE ARRANGEMENTS - FOR APPROVAL

Legislative Background

Under the Affordable Housing Act 2021, a Housing Authority is required to make a Scheme of Priority, determining the order of priority to be accorded to eligible applicants in relation to the sale of affordable dwellings where the demand for such dwellings exceeds the number of such dwellings available.

Regulation 5 of the Affordable Housing Regulations 2022 (S.I. No. 184) states the following:

"In relation to 70 per cent of the dwellings the subject of applications accepted...a scheme of priority shall provide the following:

(a) where the number of eligible applicants exceeds the number of dwellings for which applications have been accepted, a housing authority shall give priority to eligible applicants on the following basis:

(i) for dwellings with 4 bedrooms: priority to be given to households of 3 persons or more;
(ii) for dwellings with 3 bedrooms: priority to be given to households of not less than 2 persons;

(b) where, having applied the criterion in subparagraph (a), the number of eligible applicants still exceeds the number of dwellings for which applications have been accepted, a housing authority shall give priority to the eligible applicants in the order in which their applications were received.

In relation to 30 per cent of the dwellings the subject of applications accepted under Regulation 4, a scheme of priority shall provide the following:

(i) for dwellings with 4 bedrooms: priority to be given to households of 3 persons or more;
(ii) for dwellings with 3 bedrooms: priority to be given to households of not less than 2 persons;

(b) where, having applied the criterion in subparagraph (a), the number of eligible applicants still exceeds the number of dwellings for which applications have been accepted, a housing authority shall give priority to the eligible applicants in accordance with criteria selected by the housing authority for the purposes of this paragraph and included in its scheme of priority.

A housing authority may, if it chooses to do so, provide in its scheme of priority that 100 per cent of the dwellings the subject of applications accepted under Regulation 4 shall be allocated in accordance with the terms set out in paragraph (1). The criteria selected by the housing authority, referred to in paragraph (2)(b), may include priority being given to eligible applicants based on any person making the application being, or having been, resident in the administrative area of the housing authority or being, or having been, so resident for a particular length of time."

South Dublin Scheme of Priority for Affordable Dwelling Purchase Arrangements

At its meeting in May 2022, the Housing Strategic Policy Committee agreed to establish a working group to examine the requirements of the legislation and explore options for the draft scheme. This working group, together with officials from the Council's Housing Department, considered the requirements for the scheme and, in particular, the four schemes adopted by local authorities to date (Fingal County Council, Cork City Council, Cork County Council and Waterford City and County Council). These local authorities have decided on the allocation of 30% of affordable dwellings in their administrative area as follows:

Local Authority	Give priority to households whose accommodation needs would be adequately catered for by the type of dwelling in Table A below:	Being or having been resident in the administrative area LA for a minimum period	Where the number of applicants still exceeds number of dwellings for sale and all other criteria have been applied
Fingal	Yes	5 years	Date and Time Order
Cork City	Yes	5 years	Date and Time Order
Cork County	Yes	Whose current address as per their application form is within the Municipal District of the scheme OR within 10km of the scheme	Date and Time Order
Waterford	Yes	Not included	Date and Time Order

Table A:

Should the number of eligible applicants exceed the number of affordable dwellings for which application have been accepted, the priority as to which type of dwelling is deemed to adequately cater to the accommodation needs of a household, will be made on the following basis:

Dwelling Type	Meets accommodation needs of:
Three-bedroom dwelling	2 or more-person household
Four-bedroom dwelling	3 or more-person household

SPC Recommendation

On review of the documentation, legislation, existing schemes and potential options for local criteria, the working group recommended that, in relation to 30 per cent of the dwellings the subject of applications accepted under Regulation 5(1) &5(2) of the Affordable Housing (No 2) Regulations 2022, priority should be given to eligible households where any person making the application is or has been resident in the administrative area of South Dublin for a minimum period of five (5) years.

Following consideration of the report from the working group, the Housing SPC, at its meeting in September 2022, recommended the draft Scheme of Priority for adoption by full Council. In accordance with section 11(7) of the Act, which requires that "(b)efore making or amending a scheme of priority, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may, as he or she considers necessary and appropriate, direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.", the draft scheme recommended by the Housing SPC was submitted to the Minister for Housing for review in September 2022 with the Minister confirming his approval for consideration by the Council of the draft Scheme on 3rd October 2022.

The draft Scheme of Priority for Affordable Dwelling Purchase Arrangements is therefore before the Council to ensure that appropriate arrangements are in place to advertise and allocate future affordable purchase homes in South Dublin.

Members should also note that it is open to the Council to review and amend an adopted Scheme in future as required.