Nicky McFadden (Longford-Westmeath, Fine Gael)
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Question 121: To ask the Minister for the Environment, Community and Local Government if a person (details supplied) is exempt from paying the household charge in view of the fact that the property is uninhabitable. [7117/12]

Phil 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.

The Act places the household charge under the care and management of the local authorities, and application in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts. The definition of "residential property" in section 2(1) is relevant when considering whether a residential property that is not used or lived in is liable to the household charge.

There are a number of indicators as to what makes a house suitable for occupation for the purposes of determining liability to the household charge. The indicators include the structure of the house, whether or not it has a roof, whether or not it is so affected by dampness as to render it unsuitable for habitation, and whether or not it has sanitary facilities, including a water closet and water supply. A property that is not suitable for occupation should not be regarded as a residential property within the meaning of the Act.

The Act places the onus on an owner of a residential property to assess his or her liability to the household charge on the liability date (1 January 2012) and, if liable, to declare that liability and to pay the charge in respect of that property by the due date.