Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 355: To ask the Minister for the Environment, Heritage and Local Government the procedure, in regard to local authority mortgage holders wishing to re-mortgage their affordable home, by which the local authority arrives at its valuation of the property; the reason that local authorities will not accept independent valuations; the appeals procedure available to a homeowner who has a reasonable basis, such as an independent valuation, to dispute the valuation given by the local authority; if he will bring in regulations to protect the rights of homeowners in this situation; and if he will make a statement on the matter. [18803/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The operation of the various affordable housing schemes is primarily a matter for individual housing authorities and I have no function in relation to valuations of property made by a local authority in individual transactions.

Section 5 of the Housing (Miscellaneous Provisions) Act 2002 defines 'market value' in the context of affordable housing provided under the Shared Ownership Scheme and the 1999 Affordable Housing Scheme, as meaning the price which, in the opinion of the housing authority concerned, might reasonably be obtained in respect of such house, if sold on the open market. Part V of the Planning and Development Acts 2000 – 2007 defines 'market value' as meaning the price, which the unencumbered fee simple of the house would fetch if sold on the open market. At present a local authority may reconsider its valuation of a property in light of an independent valuation obtained by the owner; however, it is not obliged to accept this valuation.

In the context of disputed valuations, provision has been included in the Housing (Miscellaneous Provisions) Bill 2008, currently before the Oireachtas, to allow for the market value of a dwelling to be determined by an independent valuer nominated by the owner from a panel of suitably qualified persons, established by the housing authority.

Any person who is not satisfied with a service or action of a local authority should in the first instance make a formal complaint to that authority. My Department has issued guidelines to local authorities regarding the establishment and operation of effective customer complaints systems. Complaints regarding the actions of a local authority may also be made to the Office of the Ombudsman.