Written answers

Tuesday, 21 February 2012

Department of Environment, Community and Local Government

Local Authority Charges

9:00 pm

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 466: To ask the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the non-principal private residence charge; and if he will make a statement on the matter. [9746/12]

Photo of John LyonsJohn Lyons (Dublin North West, Labour)
Link to this: Individually | In context

Question 485: To ask the Minister for the Environment, Community and Local Government further to his contribution to the Topical Issues Debate of the 31 January 2012 on the non-principal private residence, NPPR, charge, if he will provide guidelines to local authorities, giving details of the flexibility open to them in collecting late payment fees when the owner can establish that they were genuinely not aware of the charge and when the owner has paid the NPPR due for each year; and if he will make a statement on the matter. [9991/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 466 and 485 together.

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties.

Under the Act, it is a function of a local authority to collect non-principal private residence charges and late payment fees due to it and all charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned. In this regard, application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

My Department is currently engaged with the County and City Managers' Association in the development of guidelines for local authorities in relation to the operation of the "care and management" provisions of the legislation. In particular, this guidance will deal with situations where significant arrears of non-principal private residence charges and late payment fees have arisen and where a person can demonstrate genuine hardship in having to discharge their liability in a single payment. In such cases, the guidelines will set out the modalities for local authorities, exercising their functions under the care and management provisions, including where payment of the outstanding liability in a single payment would result in hardship, to enter into payment arrangements for the discharge of outstanding liabilities in instalments over a specified period. The guidelines are at an advanced stage of preparation and will be issued as soon as possible.

Comments

No comments

Log in or join to post a public comment.