Planning and Development Act, 2000

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Controls on resale of certain houses.

99.—(1) Where houses are provided or sites made available in accordance with section 96 (9) or (10), the sale or lease of those houses or sites shall be subject to such conditions (if any) as may be specified by the planning authority.

(2) Without prejudice to the generality of subsection (1), terms and conditions under those subsections may provide for—

(a) the notification of the planning authority of the resale of any house or land, and

(b) the basis on which any house sold or leased under this Part may be occupied.

(3) (a) Terms and conditions under this section shall require, subject to paragraphs (b) and (c), that where any house or land sold to any person in accordance with subsection (1) is first resold before the expiration of 20 years from the date of purchase, the person selling the house or land shall pay to the planning authority out of the proceeds of the sale an amount equal to a percentage of the proceeds, which percentage is calculated in accordance with the following formula—

Y x 100

______

Z

where—

Y is the difference between the market value of the house or land at the time of sale to the person and the price actually paid, and

Z is the market value of the house at the time of sale to the person.

(b) The amount payable under paragraph (a) shall be reduced by 10 per cent in respect of each complete year after the 10th year during which the person to whom the house or land was sold has been in occupation of the house or land as his or her normal place of residence.

(c) Where the amount payable under paragraph (a) would reduce the proceeds of the sale (disregarding solicitor and estate agent's fees and costs) below the price actually paid, the amount payable shall be reduced to the extent necessary to avoid that result.

(d) (i) In calculating the amount payable under paragraph (a), due allowance shall be made for any material improvements made by the person to whom the house or land was sold.

(ii) For the purpose of this paragraph, “material improvements” means improvements made to the house (whether for the purpose of extending, enlarging, repairing or converting the house), but does not include decoration, or any improvements carried out on the land including the construction of a house.

(4) Any moneys accruing to a planning authority arising out of the resale of any house or land, subject to terms and conditions in accordance with subsection (1), shall be paid into the separate account referred to in section 96 (13) and shall be subject to the other requirements of that subsection.