I propose to take Questions Nos. 715 and 723 together.
The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislation underpinning the Household Charge.
Under section 4(4) of the 2011 Act, a person is currently entitled to a waiver if the residential property is situated in an unfinished housing estate. The 2012 Regulations prescribe a list of all such developments, which are based on a number of factors, including whether the development is in receivership, whether the developer is active, and:
- The state of completion of roads, footpaths, public lighting facilities, piped water and sewerage facilities and open spaces or similar amenities within the development;
- The extent to which the development complies with the terms of applicable planning permission;
- The extent to which it complies with the provisions of the Building Control Acts 1990 and 2007;
- The provisions of the Local Government (Sanitary Services) Act 1964 as they pertain to dangerous places and dangerous structures within the meaning of the Act;
- The extent to which facilities within the development have been taken in charge by the local authority concerned; and,
- Where there is an agreement regarding the maintenance of such facilities, the extent to which this agreement has been complied with.
My Department has been working closely with the Local Authorities to have available a revised list of estates for 2013. Again, this will refer to relevant factors such as completion of roads, footpaths, public lighting facilities, piped water and sewerage facilities and open spaces or similar amenities within the development. If any owners of homes in an unfinished housing estate, as specified in the 2012 Regulations and therefore entitled to a waiver under the 2011 Act, have been issued, in error, with late payment penalty notices I advise them to contact the Household Charge Bureau or their local authority to resolve the matter.
