Derelict Sites Act 1990

Levy on urban land.

23

23. (1) F2 [ Subject to subsection (1A), there shall be charged ], levied and paid for each local financial year beginning with such year as may be prescribed, in respect of all urban land in relation to which a market value has been determined and stands entered on the register on the first day of January of that local financial year, a levy to be called the derelict sites levy.

F3 [ (1A) The derelict sites levy shall not be payable in respect of any land in respect of which vacant site levy is payable in accordance with the Urban Regeneration and Housing Act 2015. ]

(2) The derelict sites levy shall be paid by the owner of urban land to the local authority in whose functional area the said land is situated.

F4 [ (3) The amount of the derelict sites levy shall

(a) in respect of the local financial year prescribed in accordance with subsection (1) , be such amount as is equal to 3 per cent of the market value of urban land concerned,

(b) in respect of any subsequent local financial year falling before the year 2020, be such amount as is equal to

(i) 3 per cent of the said market value, or

(ii) such other percentage (not exceeding 3 per cent) of the said market value as may stand prescribed for the time being,

and

(c) in respect of the local financial year 2020 or any subsequent local financial year, be such amount as is equal to

(i) 7 per cent of the said market value, or

(ii) such other percentage (not exceeding 7 per cent) of the said market value as may stand prescribed for the time being. ]

F4 [ (4) Where it is proposed to make regulations under subsection (3) , a draft of the regulations shall be laid before each House of the Oireachtas not later than 3 months before the beginning of the year in which it is proposed that the regulations would come into operation, and the regulations shall not be made unless a resolution approving the draft is made by each such House. ]

(5) Subject to subsection (6), the derelict sites levy shall be payable on a demand being made by the local authority in that behalf; and in default of being paid within two months after becoming payable, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) A local authority may provide for the payment of the derelict sites levy by instalments.

(7) Where urban land ceases to be derelict at any time during a local financial year, the amount of the derelict sites levy referred to in subsection (3) shall as respects that urban land be reduced by an amount determined by the formula—

A

____

× B

365

where—

( a) “A” is the number of days remaining in the local financial year after the time at which the urban land ceased to be derelict, and

( b) “B” is the amount of the derelict sites levy as respects the urban land, determined in accordance with subsection (3),

and adjustment by way of refund or set-off, as may be appropriate, shall be made accordingly in relation to any amounts paid in respect of derelict sites levy or any amounts due or owing in respect of such levy in relation to that local financial year.

(8) Where an amount of derelict sites levy is due and unpaid for a period beginning two months after the date on which it is demanded, the person liable to pay the amount due shall pay to the local authority concerned simple interest, without deduction of income tax, on the amount, calculated at the rate of 1.25 per cent. for each month or part of a month of the period and such interest shall be due and payable two weeks after the date on which the local authority concerned by notice served on the person concerned, requires payment of the interest.

(9) Where the market value of any urban land is altered by a determination of the Tribunal or a decision of the High Court in relation to an appeal under section 22 , and where in consequence, having regard to subsection (9) of section 22 , the appropriate entry in the register is amended, the amount of the derelict sites levy in respect of that urban land shall be determined by reference to the market value as so altered; and in case another amount in respect of the derelict sites levy has already been paid, the local authority shall, if the market value is decreased, repay any amount paid in excess of the sum which would have been payable if the market value had originally stood as altered on appeal, and if the market value is increased, the local authority may demand the levy on the amount of the increase.

(10) A local authority may charge and levy the derelict sites levy in respect of urban land notwithstanding that an appeal to the Tribunal is pending in relation to the market value of that urban land.

Annotations:

Amendments:

F2

Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 27(a), S.I. No. 364 of 2015.

F3

Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 27(b), S.I. No. 364 of 2015.

F4

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 59, commenced on enactment.

Editorial Notes:

E57

Power pursuant to subs. (1) exercised (20.11.1991) by Derelict Sites (Commencement of Derelict Sites Levy) Regulations 1991 (S.I. No. 286 of 1991).