Emer Higgins (Dublin Mid West, Fine Gael)
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652. To ask the Minister for Housing, Planning, and Local Government if, given the discrepancies in the clawback calculations from FOI responses received from Dublin City Council (€24,000) and South Dublin County Council (€40,000), and noting that legislation mandates consistent clawback rules for homes resold within 20 years, he will clarify the proper implementation of the clawback, as per the Planning and Development Act 2000 and the Housing (Miscellaneous Provisions) Act 2002; and if he will make a statement on the matter. [48033/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The legislation governing the clawback on previous affordable housing schemes is Section 99 of the Planning and Development Act 2000, or Section 9 of the Housing (Miscellaneous Provisions) Act 2002, depending on the home in question. Both pieces of legislation set the same clawback rule: where the property is resold within 20 years, the homeowner must pay a clawback amount equal to a percentage of the proceeds of the sale.

The clawback is a legal requirement which all relevant parties would have been made aware of in advance of purchase, but the percentage reduces over time and withers after 20 years. As laid out in the aforementioned legislation, the calculation of the clawback is based on the proceeds of the sale, i.e. the selling price.

As a contractual party, all issues pertaining to the clawback are a matter for the relevant local authority.