Tuesday, 12 October 2021
Department of Housing, Planning, and Local Government
191. To ask the Minister for Housing, Planning, and Local Government if consideration will be given to exceptions to the clawback provision in the context of affordable housing which was put in place in order to prevent persons selling the house within a specified period of time in circumstances in which the house is no longer suitable based on specific complex medical needs in terms of health and safety such as in the case of a person (details supplied); and if he will make a statement on the matter. [49714/21]
Further detail would be required in relation to the specific scheme under which the home referred to was purchased from a local authority and in this regard it is suggested that contact be made with Laois County Council.
In relation to the sale of affordable homes under the Housing (Miscellaneous Provisions) Act 2002, the provisions relating to the control of resale of affordable homes provides that where a house sold under the Act is resold by the purchaser before the expiration of 20 years from the date of sale to him or her, the purchaser shall pay to the housing authority an amount equal to a percentage of the proceeds of sale.
This percentage is calculated in accordance with a formula which considers the difference between the market value of the house at the date of sale to the purchaser and the price actually paid. The amount payable is reduced by 10 per cent in respect of each complete year after the 10th year during which the purchaser has been in occupation of the house as his or her normal place of residence. There is no capacity in legislation to waive these provisions.