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I apparently am liable for NPPR which now amounts to €2200

 
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I apparently am liable for NPPR which now amounts to €2200 approx in fines since June 2009 from when the charge came in. I always thought this was for a second house or an investment property. I was told by the Council that I owe this at the end of May and it was pure ignorance that I didn't pay it. If I had paid it, it would have been only €200 I would have had to pay in yearly fees but now with the fines it is gone beyond the €2200 figure.

 



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Submitted: 280 days and 12 hours ago.
Category: Republic of Ireland Law
Value: 38 €
Status: CLOSED

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Expert:  Ronan replied 280 days and 12 hours ago.

You are correct it is for a second property. Owners of a more than one home or residential property must pay an annual charge to the local authority. It is intended that the money collected from this charge will help fund local authority services. Details of this charge are contained in the Local Government (Charges) Act 2009
If you own only one home and it is your Principal Private Residence, you do not pay the charge.
The charge applies to non-principal private residences (NPPR), for example, rental property and holiday homes. You are also liable to pay the charge, if you live abroad and own residential property in Ireland.
If you own more than one residential property on the "liability date" in any year, you must pay the charge of €200. The liability date is 31 March each year.
The charge applies to all residential property you own except your main home. The onus is on you, the homeowner, to come forward and pay the charge to the local authority in which the property is located.
There are however a number of exemptions from the charge
Granny flat
If you have a second property, you are not liable for the charge if the person living in it is not paying rent and if:
They are related to you or to your spouse
They are a ward of court and have been placed in your care
You are their legal guardian.
The property must be within 2 kilometres of your home or a self-contained residence on the same property as your main residence, for example, a granny flat
Moving to a nursing home
If you leave your main home and move to a nursing home you will not pay the charge, as long as you do not own the home you move into.
Moving home
There is a limited exemption if you are moving home and, in the process, own 2 properties for a relatively short period.
The charge must be paid if you own a second property on the liability date (31 March each year from 2010 on) even where this has been acquired as part of the process of moving house. However, if you move from the first property (your main residence) into the second property not later than 6 months after 31 March, you can get a refund of the charge as long as you no longer own the first property.
Separation and divorce
There is an exemption for people who may have an interest in a second property as a result of judicial separation or divorce.
If you are divorced or have been granted a judicial separation, you will not be liable to pay the charge if you are living in what used to be the family home as you main residence. Where your spouse or ex-spouse does not reside in the original family home they will not be liable for the charge, if they retain an interest in what used to be the family home as a result of divorce or a judicial separation.
Charities and discretionary trusts

Expert TypeSolicitor
Category: Republic of Ireland Law
Pos. Feedback: 95.6 %
Accepts: 1723
Answered: 7/6/2012

Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years

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Customer replied 280 days and 11 hours ago.

Yes I know basic exemptions etc but was wondering if because I had no notice and genuinely did not realise that charge applied because I was in rental accommodation down the country is there any basis for just paying the normal fees without paying the fines

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Expert:  Ronan replied 280 days and 11 hours ago.

Not legally, the council are entitled to the full amount. You could seek to negotiate with them and they may do something for you. However they are not obliged to and may seek full payment.

 
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