Dáil Éireann Debate, Tuesday - 9 May 2023
346. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if he will confirm that the residential zoned land tax will not be applicable to farm lands currently being used as part of a functional farm; and if he will make a statement on the matter. [21591/23]
View answerFinance Act 2021 introduced Part 22A Residential Zoned Land Tax (RZLT) into the Taxes Consolidation Act 1997. The RZLT is designed to prompt residential development by landowners, including farmers, of land that is zoned for residential or mixed-use (including residential) purposes and that is serviced.
RZLT is an annual tax, calculated at a rate of 3% of the market value of the land within its scope. The tax will be due and payable from 2024 onwards in respect of land which fell within the scope of the tax on or before 1 January 2022. Where land is zoned or serviced after 1 January 2022, the tax will be first due in the third year after the year in which it comes within scope.
It is important to note that, to come within the scope of RZLT, farmland must be both zoned for residential use and serviced. Farmland that is zoned for residential use, but which is not currently serviced, is not within the scope of the tax and will only come within the scope of the tax should the land become serviced at some point in the future.
Land will be considered to be serviced for the purposes of the tax where it is reasonable to consider that the land has access to, or may be connected to, public infrastructure and facilities, including roads and footpaths, public lighting, foul sewer drainage, surface water drainage and water supply, necessary for dwellings to be developed on the land and with sufficient service capacity available for such development.
Agricultural land which is zoned solely or primarily for residential use meets the criteria set out within the legislation and therefore falls within the scope of the tax.
Agricultural land that is zoned for a mixture of uses including residential is not in scope as farming is a trade or profession benefitting from an exemption in the legislation.
A draft RZLT map was published by local authorities on 1 November 2022. The purpose of the draft map was to allow landowners, including farmers, to see if their land is within the scope of the tax. If a landowner sees that their land is included on the draft map and believes that it should not be, they had the opportunity to make a submission to the local authority by 1 January 2023 seeking to have the map updated and their land removed from the map, or they could have sought to have their land rezoned.
Local authorities will have now considered the submissions received in respect of the draft map and made written determinations on whether the land should stay on the map or be removed from it having regard to the criteria set out within the legislation. If the landowner disagreed with the determination, they could appeal the decision to An Bord Pleanála by 1 May. These appeals are currently being considered by the Board. If a landowner requested a rezoning of their land, the local authority would consider the request and, if appropriate, they would commence a variation procedure to alter the zoning of the land. This variation procedure, and the local authority’s decision on whether or not to commence one, is part of the normal zoning process.
Furthermore, Finance Act 2022 introduced an exemption for land that is within the scope of the tax but is subject to a contract that precludes the landowner from developing it. For the exemption to apply, the contract must have been entered into prior to 1 January 2022, i.e., prior to the introduction of RZLT. For example, where a farmer leased land prior to 1 January 2022 and the requisite conditions are met, the farmer may claim an exemption from the tax for the period of the lease.
Supplemental maps were published on 1 May 2023 by certain local authorities where additional lands have been identified as being in scope, further to the publication of the draft maps. Landowners may make submissions to the relevant local authority in respect of lands included on the supplemental maps by 1 June 2023.
These residential zonings are considered to reflect the housing need set out within the core strategy for the relevant local authority area. The RZLT aims to ensure that lands which are zoned for residential purposes and which have benefitted from investment in services are actively managed to ensure a constant supply of housing to meet identified need.
This measure is a key pillar of the Government's plan to ensure a sufficient supply of housing is delivered on appropriately zoned and serviced lands.
