Brian Walsh (Galway West, Fine Gael)
Link to this: Individually | In context

Question 464: To ask the Minister for the Environment, Community and Local Government if a vacant property in County Galway which is uninhabitable is liable for the household charge; and if he will make a statement on the matter. [10601/12]

Denis Naughten (Roscommon-South Leitrim, Independent)
Link to this: Individually | In context

Question 530: To ask the Minister for the Environment, Community and Local Government if derelict properties which are exempt from the €200 charge on non-principal private residences are also exempt from the household charge; and if he will make a statement on the matter. [11266/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 464 and 530 together.

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.

The legislation places the charges 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) of the Acts is relevant when considering whether a property that is not used or lived in is liable to the charges.

The Acts contain a common definition of "residential property" as a "...building that is situated in the State and that is occupied, or suitable for occupation, as a separate dwelling...".

There are a number of indicators as to what makes a property suitable for occupation for the purposes of determining liability to the charges. The indicators include the structure of the property, 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 Acts.

The Acts place the onus on an owner of a residential property to assess his or her liability to the charges on the relevant liability dates and, if liable, to declare that liability and to pay the charges in respect of that property by the due dates.