Oireachtas Joint and Select Committees

Wednesday, 6 November 2019

Select Committee on Justice and Equality

Landlord and Tenant (Ground Rents) (Amendment) Bill 2017: Committee Stage

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I move amendment No. 6:

In page 4, between lines 11 and 12, to insert the following: "Amendment of Valuation Act 2001
5. The Valuation Act 2001 is amended by the insertion of the following sections after section 67:
"Valuation for certain purposes of property not falling within Schedule 4
67A. (1) The Commissioner may, in relation to property that does not fall within Schedule 4 and for the purposes of condition 2 of section 10 and section 15(1)(d)(i) of the Act of 1978, on application being made to him or her in that behalf by a person who appears to the Commissioner to have a sufficient interest in the matter, cause the value of the property to be determined in accordance with subsection(2).

(2) If the value of a property falls to be determined for the purposes of subsection (1), that determination shall be made by reference to the values of other comparable properties, as appeared on an existing valuation list (as distinct from those that appear on a valuation list published under this Act) relating to the rating authority area in which that property is situate.

(3) The value of the property determined in accordance with subsection(2) shall be deemed to be the rateable valuation of the property for the purposes referred to in subsection (1).

(4) The Commissioner shall issue a certificate stating the value of the property as determined under subsection (2) to the person who made the application under subsection (1).

(5) A reference in this section to a certificate issued by the Commissioner includes a reference to a certificate issued by a person duly authorised by the Commissioner to so issue.

(6) The production to a court or the Property Registration Authority of a certificate issued under subsection (4), purporting to state the value of a property determined under subsection (2), shall, without proof of the signature of the Commissioner or other person duly authorised by the Commissioner, be sufficient evidence, until the contrary is proven, of the matters stated in the certificate.

(7) In this section and section 67B, "Act of 1978" means the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.
Rateable valuation of property for purposes of condition 5 of section 10 of Act of 1978
67B. (1) The Commissioner may, for the purposes of condition 5 of section 10 of the Act of 1978, issue a certified copy extract of a valuation list in existence on the date of the grant of a lease of property to which that condition refers (as distinct from an extract of a valuation list published under this Act) stating the rateable valuation of that property on the date of such grant.

(2) A reference in this section to a certified copy extract of a valuation list includes a reference to a copy extract of a valuation list certified by a person duly authorised by the Commissioner to so certify.

(3) A certified copy extract of a valuation list issued under this section shall, until the contrary is proved, be regarded as a true copy of that extract.

(4) The production to a court or the Property Registration Authority of a certified copy extract of a valuation list issued under subsection (1), purporting to be an extract of a valuation list, shall, without proof of the signature of the Commissioner or other person duly authorised by the Commissioner, be sufficient evidence, until the contrary is proved, of the matters stated in the document.".".

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