Catherine Murphy (Kildare North, Independent)
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Question 190: To ask the Minister for Public Expenditure and Reform his plans to amend the Valuation Act 2011 to allow an employer to appeal a rates valuation in volatile economic circumstances; and if he will make a statement on the matter. [24887/11]

Brendan Howlin (Wexford, Labour)
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The Valuation Act 2001 provides for the valuation of all commercial and industrial property and the Commissioner of Valuation is independent in the performance of his functions under the Act and the making of valuations for rating is his sole prerogative.

Under section 28 (4) of the Act, a Revision Officer of the Commissioner may carry out a revision of valuation in relation to a particular property only if a material change of circumstances (MCC) has occurred since the property was last revised. MCC is defined in section 3 of the Act as a change of circumstances, which consist of a new building, a change in value due to structural alterations of an existing building, total or partial demolition of a building or a sub-division or amalgamation of relevant property. The definition does not allow for a revision of valuation where the change in value is due to economic factors, differential movements in property values or other external factors such as roads or other infrastructural development in the vicinity of a property.

It is acknowledged that all commercial property owners/occupiers are currently facing economic challenges and the only means, under statute, by which external influences on individual property values can be adequately addressed by the Commissioner, is through the national revaluation programme which is currently underway.

My Department is considering proposals to amend the Valuation Act to modernise and streamline the valuation process in the interests of both the ratepayers and the local authorities.