Brian Brennan (Wicklow-Wexford, Fine Gael)
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166. To ask the Minister for Finance if clarification will be offered to a person (details supplied) to determine eligibility under the help-to-buy scheme; and if he will make a statement on the matter. [5306/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Help to Buy (“HTB”) incentive, is a scheme to assist first-time purchasers with the deposit they require to buy or build a new house or apartment. The incentive gives a refund of Income Tax and Deposit Interest Retention Tax (DIRT) paid in Ireland over the previous four years, subject to limits outlined in the legislation.

The legislation governing the HTB scheme is set out in section 477C of the Taxes Consolidation Act 1997 and states that in order to be eligible to make a HTB claim, an applicant must either:

(i) enter into a contract with a qualifying contractor for the purchase of a new house, or

(ii) make the first draw down of the mortgage in the case of a self-build property.

A “self-build qualifying residence” is defined as a qualifying residence which is built, directly or indirectly, by a first-time purchaser on his or her own behalf. Furthermore, the legislation is specific as to the definition of a qualifying residence. It must be a new building which was not, at any time, used or suitable for use as a dwelling.

The question of whether a property is a “qualifying residence” or a “self-build qualifying residence” can only be considered in light of the individual facts of each case. Sufficient evidence, such as, planning permission documentation, the property’s valuation report, engineer reports, and photographic evidence would be examined as part of this process.

In this instance, due to the limited information available, it is not possible to provide a definitive view whether or not the applicant has substantially self-built the property to render it a “self-build qualifying residence”.

I note the constituent who raised the issue with the Deputy mentions that they have contacted Revenue. If the constituent is agreeable, the Deputy can provide the constituent’s contact details and my officials will refer these to Revenue, who have confirmed they will contact the individual directly.