Government not enforcing granny flat guidelines
Instead Minister for Environment John Gormley has stated that the strict implementation of the charge is a matter for each local authority area.
Labour party local government spokesman Ciarán Lynch said the failure to implement a uniform policy on the charge “was unjustifiable” and not in the spirit of the legislation which should focus on property usage rather than location.
Mr Lynch and several other TDs, including Cork Fianna Fáil TD Christy O’Sullivan, have called on Mr Gormley to revisit the legislation enforcing the charge that came into force in October.
Mr Lynch said; “The failure of the legislation to outline specific guidelines is leading to confusion for elderly people and their children. There is no justifiable reason why an arbitrary 2km limit should be put on the eligibility of properties to be excluded from the charge.”
He added; “If a couple in Cork have left to work in Dublin and have allowed an elderly parent take up residence in a house owned by them, why should they have to pay when, in the case of a parent living under the same arrangement but within 2km, they do not?”
Section 4(6) of the Local Government (Charges) Act 2009 provides for an exemption from the charge in a situation where a relative of the owner is living rent-free in a property, as long as that property is no more than two kilometres from the owner’s residence.
Responding to why a 2km limit has been imposed, Mr Gormley replied to a parliamentary question: “The 2km provision is not arbitrary but follows precedent from the Revenue Commissioners’ legislation dealing with the home carer tax credit.
“I have no plans to amend this provision. While the Act is silent on how the 2km might be measured, interpretation and implementation of the legislation is a matter for the local authorities in the first instance,” he added.
The new charge has so far been paid on 240,000 dwellings and has brought in €48.3 million.
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