Written answers

Wednesday, 15 February 2012

Department of Environment, Community and Local Government

Local Authority Charges

9:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 210: To ask the Minister for the Environment, Community and Local Government the position regarding the household charge in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [8709/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 and the Local Government (Charges) Act 2009, as amended, set out the legislation underpinning the household charge and the charge on non-principal private residences respectively. Under the legislation, owners of residential property are liable to the household charge, including those persons with a liability to pay the charge on non-principal private residences, unless otherwise exempt. The Acts contains a common definition of residential property as including a house, maisonette, flat or apartment (including the form of accommodation commonly known as a bedsit). The NPPR charge and the household charge are payable on each unit of accommodation that is occupied, or suitable for occupation, as a separate dwelling, whether or not the occupier shares, or would be entitled to share, in connection therewith, any accommodation, amenity or facility with any other person. The owner of a building split into a number of studio flats is thus liable for the NPPR charge and the household charge on each such unit in that building.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 211: To ask the Minister for the Environment, Community and Local Government the position regarding the non-principal private revenue charges on multi-unit dwellings in view of the fact that some local authorities are failing to collect charges from those liable; and if he will make a statement on the matter. [8710/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties. Under the Act, it is a function of a local authority to collect non-principal private residence charges and late payment fees due to it and all charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned. In this regard, application of the legislation in particular circumstances is a matter for the relevant local authority. The Act further provides for offences where a person contravenes the statutory requirements. In addition, late payment fees apply where payment is not made by the due date and non-principal private residence charges and any associated late payment fees are a charge against the property which will have to be discharged in the event of the sale or transfer of the property concerned. Since the introduction of the charge on non-principal private residences in 2009 over €208m has been raised from it for the provision of local authority services.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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Question 212: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the current campaign to oppose the household charge which informs persons they do not have to legally pay the charge unless they register; the actions he is taking to address that campaign; and if he will make a statement on the matter. [8736/12]

Photo of Phil HoganPhil 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. Under section 5(1) of the Act, the owner of a residential property, who on a liability date, is liable to pay a household charge to a relevant local authority, or who is entitled to a waiver from payment of a household charge under section 4(4), must make and provide to the relevant local authority a declaration stating that he or she is so liable or so entitled, as the case may be. Under section 5(2) of the Act, the declaration must, in the case of a person who is liable to pay a household charge, be accompanied by payment of the household charge in respect of the property concerned. The Act further provides for offences where a person contravenes these statutory requirements. In addition, late payment penalties apply where payment is not made by 31 March, 2012 and household charges and late payment penalties are a charge against the property which will have to be discharged in the event of the sale or transfer of the property concerned.

Significant measures are underway to ensure that property owners are aware of the household charge and the liability and payment dates. The LGMA and local authorities have commenced a national information campaign to advise people of the household charge and their responsibilities in relation to payment of the charge. A similar and successful advertising and information campaign was undertaken in the context of the €200 charge on non-principal private residences on its introduction in 2009 with further advertising taking place each year since. A household charge information leaflet is being issued at this time to residential properties in the State. I am confident that those liable to the household charge will be aware of their obligation to discharge their liability for the charge by 31 March 2012 and thereby avoid any late payment fees or late payment interest.

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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Question 213: To ask the Minister for the Environment, Community and Local Government his plans to release data sets containing information on retail and commercial floor space rateable under each local authority with a view to ascertaining existing floor space in urban areas versus developments located outside or on the outskirts of cities and town centres. [8776/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The information requested is not available in my Department. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner for Valuation under the Valuation Act 2001. The Commissioner for Valuation has sole responsibility for all valuation matters.

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