John Lyons
Question:339 Deputy John Lyons asked the Minister for the Environment, Community and Local Government if an estate (details supplied) is exempt from paying the household charge. [12145/12]
View answerTuesday, 6 March 2012
Questions (284, 285, 286)
James Bannon
Question:361 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the reason residential property owned by a Government Department is exempt from paying the household charge; and if he will make a statement on the matter. [12463/12]
View answer
Jack Wall
Question:366 Deputy Jack Wall asked the Minister for the Environment, Community and Local Government if an estate (details supplied) in County Kildare can be considered in relation to the household charge; and if he will make a statement on the matter. [12587/12]
View answerWritten answers
I propose to take Questions Nos. 339, 361 and 366 together.
The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislation underpinning the household charge. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.
Section 3 of the Act provides that an owner of residential property on the liability date of 1 January 2012 is liable to pay the household charge. Section 2(2) of the Act provides that certain buildings are not residential property for the purposes of the legislation. Section 2(2)(b) provides that a building vested in a Minister of the Government, a housing authority (within the meaning of the Housing (Miscellaneous Provisions) Act 1992) or the Health Service Executive is not residential property for the purposes of the Act. In addition, section 2(2)(c) provides that a building owned by a body standing approved for the purpose of section 6 of the Act of 1992 is not residential property for the purposes of the Act.
A building that is not a residential property for the purposes of the Act is not liable to the household charge. The Acts place the onus on an owner of a residential property to assess his or her liability to the charges on the relevant liability dates and, if liable, to declare that liability and to pay the charges in respect of that property by the due dates.