Louis O'Hara (Galway East, Sinn Fein)
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606. To ask the Minister for Finance if a person (details supplied) is eligible for the help-to-buy scheme; and if he will make a statement on the matter. [20830/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Help to Buy (HTB) scheme is an incentive to assist first-time purchasers with the deposit they require to buy or build a new house or apartment. The scheme gives a refund of Income Tax and Deposit Interest Retention Tax paid in Ireland over the previous four years, subject to limits outlined in the legislation. Section 477C Taxes Consolidation Act 1997 outlines the definitions and conditions that apply to eligibility for the scheme.

For a property to be eligible for the HTB scheme it must be either a “qualifying residence” or a “self-build qualifying residence”. A claimant must also enter into a “qualifying loan” which is defined as a loan used by the claimant wholly and exclusively for the purpose of defraying money employed in the purchase of either a “qualifying residence” or a “self-build qualifying residence”. Finally, where an individual makes a claim in respect of a “qualifying residence”, they must enter into a contract with a qualifying contractor.

A “qualifying residence” is defined in the legislation as either a new building which was not, at any time, used, or suitable for use, as a dwelling or; a building which was not, at any time, in whole or in part, used or suitable for use, as a dwelling and which has been converted for use as a dwelling or; a building which was not at any time used as a dwelling and was purchased by a first-time purchaser in accordance with an affordable dwelling purchase arrangement and a direct sales agreement, within the meaning of the Affordable Housing Act 2021.

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.

I am advised by Revenue that the claimant concerned purchased the property from an individual who was not a qualifying contractor. Further, the documentation provided by the claimant indicated that the property was completed to a stage where it could not reasonably be considered a self-build property. Consequently, the claimant’s property does not come within the definitions of “qualifying residence” or “self-build qualifying residence”.

Revenue advised this claimant that they do not satisfy the conditions of the legislation and are therefore not eligible to qualify for this scheme. The claimant has also been advised as to their right to appeal this decision.