Written answers

Thursday, 16 July 2015

Department of Environment, Community and Local Government

Property Tax Exemptions

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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17. To ask the Minister for Environment, Community and Local Government if he will provide an update on his Department's investigations into homes affected by mica in County Donegal; if he supports an exemption for property tax for all those affected; and if he will make a statement on the matter. [28986/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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In general, building defects are matters for resolution between the relevant contracting parties, i.e. the homeowner, the builder, the materials supplier and/or their respective insurers and I firmly believe that the parties responsible for poor workmanship and/or the supply of defective materials should face up to their responsibilities and take appropriate actions to provide remedies for the affected homeowners.

In the event that the contracting parties cannot reach a settlement by negotiation, the option of seeking redress in the Courts can be considered. In this context, my Department understands that legal proceedings have been instigated in a number of cases relating to this problem.

I fully appreciate and acknowledge the extremely difficult and distressing situations that certain homeowners in Donegal are facing on account of damage to the structural integrity of their homes. It was against this background that I agreed to visit a number of the affected homes earlier this year; my Department also met with a number of the affected homeowners in early December 2014.

At my Department's request, copies of test reports on the affected concrete blocks, which had previously been commissioned by a number of homeowners, were made available to my Department in order to provide a more detailed and scientific insight into the problems that have emerged in Donegal. A technical report has been prepared for my consideration and I intend to complete my consideration of this matter shortly.

Taxation policy, including issues relevant to the local property tax (LPT), is primarily a matter for the Minister for Finance. The legislation governing the administration of the LPT provides for only a limited number of exemptions from that tax. There is no specific exemption for properties affected by mica and I understand that there are no plans to introduce such an exemption. LPT operates on a self-assessment basis ; 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 on the value of a property, issues such as the presence of mica should be taken into account by the property owner.

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