Catherine Murphy (Kildare North, Independent)
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To ask the Minister for Environment, Community and Local Government if he will consider amending the claw back element of the affordable home scheme to discount legal and auctioneering fees in the event of the sale of the property when it is within the claw-back period; and if he will make a statement on the matter. [40150/12]

Jan O'Sullivan (Limerick City, Labour)
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The claw-back provision is intended to prevent short-term profit taking on the resale of the house to the detriment of the objectives of the schemes. However, where a person is selling and the clawback amount payable would reduce the proceeds of resale below the initial price actually paid, the legislation provides for the amount of the clawback payable to be reduced to the extent necessary to avoid that result. Legal and auctioneering fees are costs which vendors bear separately, as do all other owner-occupiers who choose to sell their home.

To take account of the current housing market conditions, the Government's housing policy statement, published in June 2011, announced the standing down of all affordable housing schemes in the context of a full review of Part V of the Planning and Development Act 2000. That review is now underway and it is expected to conclude later in the year. Any future changes to legislation governing affordable housing schemes will be informed by the review.