Local Authorities – Dispositions by Local Authorities

Local Authorities – Dispositions by Local Authorities – Legal Office Notice No. 15 of 2006

A Local Authority may dispose of property no longer required by it for its statutory functions. The procedures to be followed are now set out in section 183(1) of the Local Government Act 2001, which was enacted on 21st July 2001. This act repealed section 83 of the Local Government Act 1946 and section 88 (3) of the Housing Act 1966 which formerly governed the situation.

Section 183 (1) of the 2001 Act provides inter alia:

1. Prior notice of the proposed disposal to be sent to each of the members of the Authority

2. The disposal may then proceed unless the Authority resolve otherwise at their first meeting held after the expiration of 10 days after the service of notice

3. Such disposal to be in accordance with the terms, if any, specified in any resolution so made and

4. Subject to the consent of the Minister for the Environment, where such consent is required pursuant to section. 211(2) of the Planning and Development Act 2000

Note: Section 211(2) of the aforesaid Act provides that such consent would be required in cases where the price obtained for the disposal is not the best reasonably obtainable. Registration may proceed on foot of either of the following:

1. A certificate from the Authority, or it’s Law Agent, that the disposition is in accordance with section 183(1) of the Local Government Act 2001 and that the consent of the Minister for the Environment is not necessary.

2. Consent of the Minister for the Environment.

Affordable and Shared Ownership housing Schemes

The provisions of section 183(1) of the 2001 Act do not apply to disposals under the above schemes, which are governed by Part 2 of the Housing (Miscellaneous Provisions) Act 2002. No consent or certificate is required in respect of such disposals.

Frank Treacy

Deputy Registrar

6th November 2006