Local authority staff will not accept sworn affidavits when it comes to dealing with payments matters relating to the Non Principal Private Residence (NPPR) charge.

An annual fee of €200 was introduced by the Local Government (Charges) Act 2009, as amended by the Local Government (Household Charge) Act 2011 as part of the NPPR charge, in respect of all residential property not used as the owner’s sole or main residence. A non principal private residence is any dwelling which is not used by its owner as his or her sole or main residence. The charge only applies to properties situated in Ireland.

Chief Executive of Clare County Council Pat Dowling was requested to review how the local authority deals with the charges at a recent sitting of the local authority.

In a proposal, Cllr Johnny Flynn (FG) asked that local authority staff have “regard to the fact that it is unreasonable to expect a property owner to have available documentary evidence that a property was their principal residence between 2009 and 2011 when their was no indication in the legislation current at that time that such evidence would be required; and that, specifically he instructs them to accept a sworn affidavit from a property owner to the effect that they are not liable for such payment as satisfying the requirements of Section 9, subsection 3 of the 2011 Act and that a Certificate of Waiver or Exemption be issued on such a basis”.

Advice provided in advance of the 2011 legislation to the Council stated that ‘where an owner determines their property is not liable for the charge, it is strongly recommended the owner should retain on file sufficient documentation to enable him/her to prove non-liability. The owner will be required to produce this proof when selling or transferring the property on a future date’.

Provision of Certificates of Exemption and Certificates of Discharge “are now required as part of the conveyance process. Clare County Council assesses every application in accordance with the various legislation governing NPPR and each file is dealt with on a case by case basis,” Director of Finance Noeleen Fitzgerald outlined.

She confirmed that the instruction for staff to accept sworn affidavit across all applications “will not be implemented”. Fitzgerald added, “To replace the requirement to provide all such information as it may reasonably require for the purpose of its making a decision in relation to the application with a sworn affidavit in all instances is not consistent with the legislation. There is file evidence of attempts to evade this charge during the conveyance process where the Council has secured contradictory evidence resulting in NPPR charges and penalties subsequently being confirmed as due and payable”.

Cllr Flynn said he fully supported the response from the Director of Finance. His motion was seconded by Cllr Shane Talty (FF).

Related News

cathal crowe ennis library 1
Clare's elected TDs need to be ready for 'battle of all battles' on Ennis Hospital - Crowe
dromoland castle lights
Dromoland Castle Holdings had record-breaking revenues of €31.41m in 2023
eddie punch cows 2
Eddie still trying to pack an election Punch
leonora carey clarecastle 6
Hopes of carrying on the Carey family dynasty in the Dáil rest with Leonora
Latest News
leonora carey clarecastle 6
Hopes of carrying on the Carey family dynasty in the Dáil rest with Leonora
michael leahy donald trump 1
Ballot Beats: Calls for Trump style revolution & Fine Gael Cllrs back Cooney
electoral chair debate 21-11-24 panel 1
The Electoral Chair Election Debate part one
hilary tonge ambulance 2
Hilary prioritising health in Dáil election bid
4
Retro black forest trifle
Premium
michael leahy 2
Trump inspired Corofin's Leahy to have 'a final stab' in politics
truagh:clonlara v gailltir 16-11-24 áine o'loughlin 1
Áine 'so proud' of Truagh/Clonlara's maiden Munster success
paddy murphy nineteenth lahinch 1
Current agenda is forcing last orders for rural Clare - Paddy Murphy
ennis library opening 15-11-24 joe cooney pat breen mary howard tom nolan madeline taylor quinn 1
Taoiseach welcomes 'healthy competition' as disappointment voiced by Cooney & Nolan
clare v limerick oscar traynor 07-11-24 shane cusack 1
Clare's Oscar Traynor side need a win in Askeaton

Subscribe for just €3 per month

If you’re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.

Subscribe for just €3 per month

If you’re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.

Scroll to Top