Dáil Éireann Debate, Thursday - 2 February 2012
180 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if those who had to abandon their homes in the Kilmainham area of Dublin and other areas during last year’s flooding and who may not be able to return for many more months may be exempted from the household charge in view of their circumstances. [6061/12]
Amharc ar fhreagra181 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if the residents of Priory Hall in Dublin may be exempted from the household charge in view of their circumstances. [6062/12]
Amharc ar fhreagraI propose to take Questions Nos. 180 and 181 together.
The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.
The Act places the household charge under the care and management of the local authorities, and application in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.
The definition of "residential property" in section 2(1) is relevant when considering whether a residential property that is not used or lived in is liable to the household charge.
There are a number of indicators as to what makes a house suitable for occupation for the purposes of determining any liability to the household charge. The indicators include the structure of the house, whether or not it has a roof, whether or not it is so affected by dampness as to render it unsuitable for habitation, and whether or not it has sanitary facilities, including a water closet and water supply. A property that is not suitable for occupation should not be regarded as a residential property within the meaning of the Act. The Act places the onus on an owner of a residential property to assess his or her liability to the household charge on the liability date (1 January 2012) and, if liable, to declare that liability and to pay the charge in respect of that property by the due date, 31 March 2012.
Under section 4(4) of the Act, an owner of a residential property is entitled to a waiver from payment of a household charge, where the residential property is situated in an unfinished estate which is specified in a list prescribed for the purposes of the section. The Schedule in the Local Government (Household Charge) Regulations 2012 contains the list of developments prescribed for the purposes of the unfinished estates waiver. Priory Hall, Hole in the Wall, Dublin 13, is included in this Schedule.
