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Defective Building Materials

Dáil Éireann Debate, Thursday - 7 October 2021

Thursday, 7 October 2021

Questions (209)

Neale Richmond

Question:

209. Deputy Neale Richmond asked the Minister for Finance if his attention has been drawn to issues of persons whose homes are affected by pyrite and so therefore have no market value and are exempt from paying the local property tax, however as the home is a duplex they are situated above the foundation and have not received the necessary certification required to receive the necessary exemption; and if he will make a statement on the matter. [48818/21]

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Written answers

As advised in my recent reply to Parliamentary Questions 45921/21, 45922/21 and 45923/21, on 23rd September, a residential property is only eligible for exemption from Local Property Tax (LPT) on foot of pyrite related damage where one of the following legislative conditions is met:

1. a certificate of damage has been completed in respect of the property by a competent person,

2. the property has been accepted into the Pyrite Remediation Scheme operated by the Pyrite Resolution Board,

3. an insurance company has remediated the property or provided sufficient funds to carry out the remediation, or

4. the builder who built the property has remediated the property or provided sufficient funds to carry out the remediation.

Property owners claiming the exemption under criteria 1 must provide a certificate to Revenue, which is completed in accordance with I.S. 398-1.2013 as set down by the then Minister for the Environment, Community and Local Government in Statutory Instrument (SI) No 147 of 2013. Property owners claiming the exemption under criteria 2 to 4 must provide appropriate supporting documentation.

Revenue has confirmed that it made direct contact with the property owner the Deputy has referenced previously on this matter to explain the criteria required to qualify for an exemption from LPT on foot of pyrite damage. The person confirmed that while the property is located above the ground floor of a building with significant pyrite damage (on the ground floor), certification or supporting documentation in accordance with the required criteria has not been secured. On that basis it is not possible for Revenue to grant an exemption from LPT for the property.

While there may not be entitlement to an exemption from LPT where the specified criteria is not met, it is accepted that the existence of pyrite, whether it has already caused structural damage or has the potential to cause such damage, has a negative effect on the market value of a residential property. In such circumstances, the property owner is entitled to take account of its presence when determining the appropriate LPT valuation.

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