Affordable Housing Act 2021

Relationship with other enactments

22. (1) Save as provided for by or under any other enactment, neither the purchase of a dwelling under an affordable dwelling purchase arrangement nor any consent to any structural alterations nor any consent to any resale of an affordable dwelling shall imply the giving of a warranty on the part of the housing authority concerned in relation to the state of repair or condition of the affordable dwelling or its fitness for human habitation.

(2) Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible applicant under an affordable dwelling purchase arrangement.

(3) Section 9 of the Civil Liability Act 1961 shall not apply to any action by the housing authority for the realisation of the affordable dwelling equity.

(4) For the purposes of the Statute of Limitations 1957

(a) no possession of an affordable dwelling by a homeowner or any third party shall be adverse to the title of the housing authority within the meaning of section 18 of that Act until the date on which possession is taken by the housing authority under section 19 or the date of any sale under section 17 , whichever is earlier, and

(b) no claim for an order for possession of an affordable dwelling shall be deemed to have accrued until the date of expiration of a realisation notice under section 18 in relation to the dwelling.

(5) Section 31 of the Conveyancing Act shall not apply in respect of the affordable dwelling equity.

(6) In this section, “enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

(c) any instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b).