Clare Daly (Dublin North, United Left)
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19. To ask the Minister for Finance in view of the fact that homeowners who have been accepted onto the Government's pyrite remediation scheme cannot access legitimate entitlement to an exemption from local property tax because no infill test has been carried out as specified in the statutory instrument, the steps he has taken to resolve this matter. [12948/15]

Michael Noonan (Limerick City, Fine Gael)
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The Deputy may be aware that I have initiated a review of the operation of the LPT. The Review will primarily have regard to recent residential property price developments, the overall yield from LPT and the desirability of achieving relative stability in LPT payments. It will also address a number of issues which have arisen in relation to the efficient and effective administration of the LPT, among which is likely to be the matter of the operation of the pyrite exemption provisions. It is intended that the outcome of the Review will be presented to me no later than summer 2015.  

While I am anxious to resolve the issue, it is important that any changes that may be made do not go beyond the objectives of providing a temporary exemption for homes with "significant pyritic damage" only.

Resolution of this matter may necessitate a change in the relevant provisions of the Finance (Local Property Tax) Act 2012 (as amended) and/or the Finance (Local Property Tax) (Pyrite Exemption) Regulations.  If it is the case that legislative change is required, I am examining with the Revenue Commissioners the possibilities for applying any changes on an administrative basis, in advance of such legislative changes.

Pending any decisions in relation to the statutory provisions, Revenue has an obligation to act in accordance with section 10A of the Finance (Local Property Tax) Act 2012 (as amended) which requires that an LPT exemption can only apply where the residential property has been assessed and a certificate confirming "significant pyritic damage" has been issued.  This is the only type of certificate that is relevant and a homeowner cannot claim the exemption until it has been issued.

LPT operates on a self-assessment basis and it is a matter for the property owner in the first instance, to calculate the tax due based on his or her assessment of the market value of the property. When making an assessment, issues such as the presence of pyrite would be one of the factors that a property owner should take into account in valuing their property.