Written answers

Thursday, 14 March 2013

Department of Environment, Community and Local Government

Planning Issues

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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To ask the Minister for Environment, Community and Local Government if the review of Part V of the Planning and Development Act 2000 has been completed; if changes are contemplated to the claw-back provision in regard to affordable housing in view of the changed market conditions; and if he will make a statement on the matter. [13450/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The review of Part V of the Planning and Development Acts announced in the context of the standing down of affordable housing schemes as part of the Government’s housing policy statement will include an examination of the operational aspects of the shared ownership scheme. That review is currently advanced and I expect the consultants’ report that informs the review will be published shortly. I have also asked the Housing and Sustainable Communities Agency to provide me with a standalone analysis of the shared ownership scheme, including identification of the main difficulties and recommendations for mitigating measures.

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 .

Any future changes to legislation governing affordable housing schemes, including the shared ownership scheme, will be made in the context of the review and the Housing Agency analysis, and I expect to make announcements in this regard in the coming months

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