Michelle Mulherin (Mayo, Fine Gael)
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Question 343: To ask the Minister for the Environment, Community and Local Government if a house that is no longer occupied as a residence but used as a farm building and which has an electricity or water supply connected to it is liable for the household charge; and if he will make a statement on the matter. [13454/12]

Michelle Mulherin (Mayo, Fine Gael)
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Question 345: To ask the Minister for the Environment, Community and Local Government the criteria that will be used to decide if a building is eligible for payment of the household charge when the building was a home at some time in the past but is no longer lived in and no longer habitable; and if he will make a statement on the matter. [13457/12]

Séamus Kirk (Louth, Fianna Fail)
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Question 365: To ask the Minister for the Environment, Community and Local Government if he will define a habitable house as distinct from a derelict house in relation to the household charge; and if he will make a statement on the matter. [13824/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 343, 345 and 365 together.

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. The legislation places the charge under the care and management of the local authorities, and its 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 Act is relevant when considering whether a property that is not used or lived in is liable to the charge.

Under the Act "residential property" is defined 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 a liability to the household charge. 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 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 and, if liable, to declare that liability and to pay the household charge in respect of that property by the due date.