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For Written Answer on : 15/09/2021
Question Number(s): 312 Question Reference(s): 43311/21
Department: Housing, Local Government and Heritage
Asked by: David Stanton T.D.


To ask the Minister for Housing; Local Government and Heritage if section 48 of the Affordable Housing Act 2021 will apply to houses purchased through affordable housing schemes; when he expects section 48 of the Act to be commenced; and if he will make a statement on the matter.


The Affordable Housing Act 2021 was signed into law by the President on 21 July 2021. On 18 August, I signed the Affordable Housing Act 2021 (Commencement) (Parts 1 and 3) Order 2021, which commenced Parts 1 and 3 of the Act from 19 August.

On 2 September 2021, I signed the Affordable Housing Act 2021 (Commencement of Certain Provisions) Order 2021, which commenced Part 2 (other than subsections (2)(c), (6), and (7) of section 6) and Parts 4, 6, 7 (which includes section 48) and 8 of the Act from 3 September.

Section 48 allows housing authorities to enter into arrangements with a bank/mortgage provider to enable the purchaser of a dwelling under the older affordable housing arrangements (Part V of the Planning and Development Act 2000 or Part 2 of the Housing Miscellaneous Provisions Act 2002) to obtain a top-up mortgage/re-mortgage or to change mortgage provider.  This provision has  taken effect from 3 September 2021. There are similar provisions (in section 13) in Part 2 of the 2021 Act in relation to dwellings that will be purchased under Part 2, which as stated above, was also commenced with effect from 3 September 2021.