Local Authorities

Dáil Éireann Debate, Tuesday - 7 November 2023

Tuesday, 7 November 2023

Questions (652)

Emer Higgins

Question:

652. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage if, given the discrepancies in the clawback calculations from FOI responses received from Dublin City Council (€24,000) and South Dublin County Council (€40,000), and noting that legislation mandates consistent clawback rules for homes resold within 20 years, he will clarify the proper implementation of the clawback, as per the Planning and Development Act 2000 and the Housing (Miscellaneous Provisions) Act 2002; and if he will make a statement on the matter. [48033/23]

Written answers

Minister for Housing, Local Government and Heritage

The legislation governing the clawback on previous affordable housing schemes is Section 99 of the Planning and Development Act 2000, or Section 9 of the Housing (Miscellaneous Provisions) Act 2002, depending on the home in question. Both pieces of legislation set the same clawback rule: where the property is resold within 20 years, the homeowner must pay a clawback amount equal to a percentage of the proceeds of the sale.

The clawback is a legal requirement which all relevant parties would have been made aware of in advance of purchase, but the percentage reduces over time and withers after 20 years. As laid out in the aforementioned legislation, the calculation of the clawback is based on the proceeds of the sale, i.e. the selling price.

As a contractual party, all issues pertaining to the clawback are a matter for the relevant local authority.