Dáil Éireann Debate, Thursday - 11 May 2017
122. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government if local authorities can impose commercial rates in cases of unauthorised commercial developments; if he is considering changes to the law; and if he will make a statement on the matter. [22408/17]
Amharc ar fhreagraLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. My Department is informed by the Valuation Office that a development which has not been authorised from a planning perspective can be entered onto the valuation list and as such would be liable for rates.
The Commissioner for Valuation has responsibility for valuation matters, including determination under those Acts of relevant property for the purposes of rates. The Valuation Acts 2001 to 2015 come under the remit of the Tánaiste and Minister for Justice and Equality.
Under the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission, subject to the restrictions specified in Article 9 of the Regulations and the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Any development that is carried out without planning permission or that does not comply with the terms of a planning permission is unauthorised development and may be subject to enforcement action by a planning authority.
