Richard Bruton (Dublin North Central, Fine Gael)
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Question 289: To ask the Minister for Finance the number of first-time purchasers of new houses valued under €317,500 and under 125 square metres in size that have had to pay stamp duty due to the fact that the builder has not or cannot produce a floor area compliance certificate; his views on whether first-time buyers in those circumstances have a liability to stamp duty in such circumstances, even though purchasers of new properties in excess of 125 square metres have no liability to stamp duty, provided the purchase is not greater than €508,000; and if he will make a statement on the matter. [34386/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am informed by the Revenue Commissioners that, in circumstances where stamp duty is paid on purchases of new houses costing less than €317,500, the available statistics cannot reliably distinguish those transactions where builders have failed to provide a floor area compliance certificate, in the case of first-time purchasers, and other circumstances, such as purchases by investors. Neither can the available statistics distinguish between purchases of new houses and second-hand houses where stamp duty is paid on purchases of less than €317,500. Accordingly the information requested by the Deputy is not available.

The purpose of the new floor area compliance certificate issued by the Minister for the Environment, Heritage and Local Government is to certify that not only is the floor area of the new house 125 square metres or less but also that the house complies, or will comply, with required building standards. The stamp duty exemption for owner-occupiers of such houses is conditional on the existence of a floor area compliance certificate at the time of transfer thereby ensuring that purchasers of small new houses are fully protected in relation to the building standards of such houses.