Written answers

Tuesday, 22 September 2015

Department of Environment, Community and Local Government

Local Authority Charges Application

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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1430. To ask the Minister for Environment, Community and Local Government the definition of free of rent as applied under section 4(6)(a) of the Local Government (Charges) Act 2009 when calculating the liability of a person to pay a charge under that Act; and if he will make a statement on the matter. [31201/15]

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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1431. To ask the Minister for Environment, Community and Local Government the guidelines, protocols and processes used by local authorities to ascertain whether the owner of a residential property is liable to pay a charge under the Local Government (Charges) Act 2009; the method by which local authorities decide whether or not a house is occupied free of rent under section 4(6)(a) of the Act; and if he will make a statement on the matter. [31202/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 1430 and 1431 together.

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence (NPPR) Charge. The NPPR Charge, which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. The NPPR Charge is based on self-declaration and therefore the onus is on the property owner themselves to register their property and make the payment.

A number of exemptions from the charge are set out in section 4 of the 2009 Act and section 4(6) provides for an exemption from the charge in a situation where a residential property is occupied rent-free as the sole or main residence of a relative of the owner and the sole or main residence of the owner is either on the same property or within two kilometres of it.

Under section 77 of the Local Government Reform Act 2014, my Department issued guidance to local authorities concerning matters relating to arrears of the NPPR Charge and late payment fees to ensure that a consistent national approach is adopted. The guidelines, which are available at , encourage local authorities to take a proactive approach to ensure that any outstanding NPPR liabilities are discharged in the most equitable, efficient and economically beneficial manner and include guidance in respect of dealing with hardship cases.

The 2009 Act places the Charge under the care and management of the local authorities and application of the Charge in particular circumstances is a matter for the relevant local authority; Part 12 of the Local Government Reform Act 2014 deals with the collection of undischarged liabilities relating to the NPPR Charge.

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