Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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345. To ask the Minister for Housing, Planning, and Local Government if persons that lost their first home due to the breakdown of a relationship and that are in negative equity will be considered eligible as potential second time buyers for the new affordable housing scheme. [25137/20]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The provisions for affordable housing made available by or though housing authorities are contained in Part 5 of the Housing (Miscellaneous Provisions) Act 2009, which was commenced in June 2018.

Under Part 5, an affordable dwelling purchase arrangement will normally only be available to a household where the household, or any household member, has not previously purchased or built a dwelling in the State.

However an exception is provided for in section 84 (4) where a member of the household, was a spouse to a marriage the subject of a deed of separation, a decree of judicial separation, a decree of divorce or a decree of nullity, provided that, in relation to the former family home (within the meaning of the Family Home Protection Act 1976 ), the spouse concerned—

(a) has not retained an interest in that home, and

(b) immediately before the date of the deed of separation or decree concerned is not beneficially entitled to an interest in a dwelling other than the said family home.

I will consider these conditions as part of any affordable housing measures I bring forward.