Press release
Commencement of remaining sections of The Housing (Regulation of Approved Housing Bodies) Act 2019
From Department of Housing, Local Government and Heritage
Published on
Last updated on
From Department of Housing, Local Government and Heritage
Published on
Last updated on
Minister for Housing, Local Government and Heritage, Darragh O’Brien, has signed an Order to commence all remaining sections of the Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47 of 2019) on 1 July 2022.
AHBs make a significant contribution to the targets contained in Housing for All, the government’s national plan on housing to 2030. Ireland’s AHB sector provided 3,792 social and cost rental homes in 2021, 41% of the national total – taking 3,727 households off the social housing waiting list. Three quarters of AHB delivery in 2021 were new build homes. AHBRA is an important element in support of this ambitious housing plan as it will oversee the effective governance, financial management and performance of all AHBs. The commencement of the remaining sections of the Act, gives AHBRA, amongst other things, the powers to monitor and assess AHBs against the standards and carry out investigations into the affairs of an AHB where appropriate.
A further amendment to the Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47 of 2019) was commenced on 6th July 2022. The amendment extends the timeline, by an additional 12 months, for deemed AHBs to make an application to the Regulator for registration as an AHB.
All AHBs previously listed on the department’s register were automatically deemed to be registered with AHBRA as and from 1 January 2022. The register of AHBs is available at the following link: https://www.ahbregulator.ie/registration/the-register/ . New organisations wishing to register as AHBs should contact AHBRA directly at registration@ahbregulator.ie
Minister O’Brien commented:
“AHBs, independently regulated by the Approved Housing Bodies Regulatory Authority, will play a key role assisting the department in meeting the objectives under Housing for All to enable a sustainable housing system in Ireland with a supply of good quality housing to match long-term needs, promote social inclusion and to ensure that existing housing stock is utilised to its fullest extent possible. Statutory regulation will provide further assurances to tenants, the public and potential investors that AHBs operate in a secure environment.”
The Approved Housing Bodies Regulatory Authority (AHBRA) was formally established on 1 February 2021.
As set out in the Housing (Regulation of Approved Housing Bodies) Act 2019, the functions of the Regulator shall be to:
(a) establish and maintain a register of AHBs
(b) register persons as AHBs
(c) prepare draft standards for approval by the Minister under section 37 and publish the approved standards
(d) monitor and assess compliance by AHBs with this Act, in particular the approved standards
(e) carry out investigations under Part 5
(f) under Part 6, protect tenants and AHBs and cancel the registration of AHBs
(g) encourage and facilitate the better governance, administration and management, including corporate governance and financial management, of AHBs by the provision of such information and advice, in such form and manner, as the Regulator considers appropriate
(h) with a view to promoting awareness and understanding of this Act, make available such information as appears to the Regulator to be expedient to give to the public about the operation of this Act, in such form and manner, as the Regulator considers appropriate
(i) collect such information concerning AHBs as the Regulator considers necessary and appropriate for the purposes of the performance of the Regulator’s functions, and
(j) publish such information (including statistical information) concerning AHBs as the Regulator considers appropriate
Part 2 – 9 (1)(e) Functions of Regulator
9.(1) The general functions of the Regulator shall be to —
(e) carry out investigations under Part 5
Part 4 – Standards Assessment and Compliance Plans
Provides authority to the Regulator to carry out standards assessments. It also provides that all registered bodies, on failing a standards assessment, submit a compliance plan. Makes provisions for entry onto and removal from the register notices of non-compliance, approval of compliance plans, implementation of compliance plans and notice of non-implementation of compliance plans.
Part 5 – Investigation
Provides for the appointment of inspectors by the Regulator and appointment of inspectors to investigate and report on the affairs of an AHB. It also provides for the preparation of investigation reports. It provides for the production of documents and evidence by officers or agents of an AHB, the power of inspectors and offences under the Act.
Part 8 – S. 66 Report of Minister
Provides that the Minister shall, not later than 12 months after the coming into operation of section 66, prepare a report relating to the transfer of dwellings provided by AHBs. It also provides that the report be laid before the Houses of the Oireachtas and published on the internet.
Regulation of Providers of Building Works and Miscellaneous Provisions Bill 2022 (the Act).
Part 12 of the Act amends Section 34 of the Housing (Regulation of Approved Housing Bodies) Act 2019 in the following ways: -
(a) in paragraph (a), by the substitution of “2 years” for “12 months”
(b) in paragraph (b), by the substitution of “3 years” for “2 years”
(c) in paragraph (c), by the substitution of “4 years” for “3 years”, and
(d) in paragraph (d), by the substitution of “4 years” for “3 years
The amendments above came into effect on 6 July 2022 under Section 101 of the Act.