Written answers

Tuesday, 28 February 2012

Department of Environment, Community and Local Government

Local Authority Charges

8:00 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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Question 474: To ask the Minister for the Environment, Community and Local Government if a person is liable to pay the household charge when part of the property is subject to commercial rates and he or she is living in another part of this property. [10740/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver. The household charge is on a self assessment basis and interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the courts.

Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver.

Section 2 of the Act sets out the meaning of "residential property" for the purposes of the Act. In particular, section 2(2)(d) of the Act provides that a building that is wholly used as a dwelling (other than a dwelling that forms part of a mixed hereditament within the meaning of the Local Government (Financial Provisions) Act 1978), and in respect of which local authority rates are payable, is not a residential property for the purposes of the household charge.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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Question 475: To ask the Minister for the Environment, Community and Local Government if Dublin City Council will seek payment from the 18,000 households who have yet to pay their bin collection charges in view of the fact that the majority of the 140,000 households in Dublin City have paid their charges; and if he will make a statement on the matter. [10774/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Operational and other implications of the transfer of household waste collection by services Dublin City Council to a private sector waste collector are a matter for the City Council and the waste collector. Queries on the matter should, accordingly, be addressed to the City Council.

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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Question 476: To ask the Minister for the Environment, Community and Local Government the consideration that was given and the consideration being given in relation to the household charge and property tax for persons living in communities with privately maintained infrastructure, for example a gated community where a management company is responsible for maintenance of roads and other amenities. [10787/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver.

Revenues from the household charge support the provision of local services. Internationally, local services are administered by local authorities and financed by local service charges. In Ireland, local authorities are responsible for, among other services, public parks; libraries; open spaces and leisure amenities; planning and development; fire and emergency services; maintenance and cleaning of streets and street lighting. These facilities benefit everyone.

I have recently established an inter-departmental expert group to design an equitable property tax having regard to its terms of reference. This group has been asked to report to me by end April, 2012. I will then bring proposals to Government for decisions on the structure and modalities of the property tax.

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