Ground Rents Legislation.

Dáil Éireann Debate, Wednesday - 10 October 2007

Wednesday, 10 October 2007

Ceisteanna (214)

Aengus Ó Snodaigh

Ceist:

283 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will bring forward legislation to abolish ground rents; and if he will make a statement on the matter. [22955/07]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The law already provides for a statutory scheme for the acquisition of the fee simple in dwelling houses which is set out in the Landlord and Tenant (Ground Rents) (No. 2) Act 1978. Part III of that Act provides a special procedure, operated by the Property Registration Authority, whereby a person may acquire the fee simple in their dwelling house.

A legal challenge to the constitutionality of certain provisions of existing ground rents legislation was heard in the High Court during 2005. The Court's judgment upholding the constitutionality of the legislation was delivered in early 2006 but it has been appealed to the Supreme Court. It is likely that the appeal will be heard later this year.

Operation of the law in relation to ground rents continues to be reviewed in my Department. There are no proposals for change pending the outcome of the appeal that I have mentioned.

The law already provides for a statutory scheme for the acquisition of the fee simple in dwellinghouses which is set out in the Landlord and Tenant (Ground Rents) (No. 2) Act 1978. Part III of that Act provides a special procedure, operated by the Property Registration Authority, whereby a person may acquire the fee simple in their dwellinghouse.

A legal challenge to the constitutionality of certain provisions of existing ground rents legislation was heard in the High Court during 2005. The Court's judgment upholding the constitutionality of the legislation was delivered in early 2006 but it has been appealed to the Supreme Court. It is likely that the appeal will be heard later this year. Operation of the law in relation to ground rents continues to be reviewed in my Department. There are no proposals for change pending the outcome of the appeal that I have mentioned.