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Receipts, certificates and requirements on sale of vacant site
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21. (1) Where a person pays a vacant site levy or an instalment of a vacant site levy to a planning authority, the planning authority shall give the person a receipt in writing in respect of the payment.
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(2) Where a planning authority receives payment in full of a vacant site levy, it shall, on application to it in writing by or on behalf of the owner of the site concerned, within 14 days of the application, give the owner a certificate (in this section referred to as a “certificate of discharge”) confirming that vacant site levy in respect of the year concerned has been paid.
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(3) The vendor of a vacant site entered on the register shall, before the completion of the sale of the site, pay to the relevant planning authority any vacant site levy due and owing to the relevant planning authority in respect of that site.
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(4) On or before the completion of the sale of a vacant site standing entered on the register, the vendor of the site shall, in respect of that site, give to the purchaser a certificate of discharge for each year in respect of which the site was a vacant site.
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(5) As against a bona fide purchaser or mortgagee of a site for full consideration in money or money’s worth without notice, or a person deriving title from or under such a purchaser or mortgagee, a certificate of discharge shall discharge the property concerned from liability for any vacant site levy due by the owner of that property for each year in respect of which the site was a vacant site.
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(6) A planning authority—
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(a) shall not charge a fee in respect of the issue by it of a receipt or a certificate of discharge, and
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(b) may charge a fee in respect of the issue by it of a duplicate of such receipt or certificate not exceeding the reasonable cost of issuing the duplicate.
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(7) In this section—
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“purchaser” includes, in relation to a residential property, a transferee under a transfer referred to in the definition of “sale” in this subsection;
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“residential property” means any building or structure which is in use as, or is suitable for use as, a dwelling and includes any shed, outhouse, garage or other building or structure and any yard, garden or other land, appurtenant to or usually enjoyed with that building, save that so much of any such yard, garden or other land that exceeds one acre shall not be taken into account for the purposes of this definition;
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“sale” includes, in relation to a residential property, the transfer of the residential property by the owner to another person—
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(a) in consequence of—
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(i) the exercise of a power under any enactment to compulsorily acquire land, or
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(ii) the giving of notice of intention to exercise such power,
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or
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(b) for no consideration or consideration that is significantly less than the estimated market value of the residential property concerned at the time of its transfer;
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“vendor” includes, in relation to a residential property—
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(a) a person who transfers the property to another person—
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(i) in consequence of—
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(I) the exercise of a power under any enactment to compulsorily acquire land, or
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(II) the giving of notice of intention to exercise such power,
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or
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(ii) for no consideration or consideration that is significantly less than the estimated market value of the residential property concerned at the time of its transfer,
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and
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(b) an agent of the owner of the residential property who—
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(i) receives the proceeds of the sale of the property or part thereof on behalf of the owner, or
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(ii) provides legal advice to the owner in connection with a transfer referred to in subparagraph (ii) of paragraph (a) of the property by the owner.
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