Written answers
Wednesday, 13 May 2020
Department of Housing, Planning, and Local Government
Local Authority Housing Mortgages
Noel Grealish (Galway West, Independent)
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1233. To ask the Minister for Housing, Planning, and Local Government the criteria for repayment of proceeds following the sale of an affordable home by a person that had originally purchased the home from a local authority; if the same repayment rules apply for each local authority; if solicitors and auctioneers fees can be deducted before the repayment amount is calculated; and if he will make a statement on the matter. [4163/20]
Eoghan Murphy (Dublin Bay South, Fine Gael)
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Affordable housing arrangements under the 1999 Affordable Housing Scheme and Part V of the Planning and Development Act 2000 provided for the payment of a "clawback" to the local authority in the event that the affordable dwelling was sold by the purchaser within 20 years, such "clawback" being a percentage of the proceeds of the sale. The relevant provisions were set out in section 9 of the Housing Miscellaneous Provisions Act 2002 and section 99 of the Planning and Development Act 2000, respectively.
The interpretation of these provisions is a matter for local authorities in the first instance and would be ultimately be a matter for the Courts. However, it is my Department's view that these provisions do not mean that solicitors and auctioneers fees incurred by the purchasers in selling the dwelling can be deducted from the proceeds of the sale before calculating the clawback amount.
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