Housing Schemes

Tuesday, 25 June 2024

Questions (248)

Richard Boyd Barrett

Question:

248. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if he will outline, with regard to the local authority shared ownership scheme, and given the obligation on local authorities to keep legal costs to a minimum, what recourse an individual (details supplied) has if they feel that their local authority is imposing onerous conditions on the sale of their shared ownership scheme apartment, where the individual does not have the financial resources to risk litigating the conditions imposed; and if he will make a statement on the matter. [27213/24]

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Written answers

Minister for Housing, Local Government and Heritage

The legislation governing the clawback on previous affordable housing schemes is Section 99 of the Planning and Development Act 2000, or Section 9 of the Housing (Miscellaneous Provisions) Act 2002, depending on the home in question. Both pieces of legislation set the same clawback rule: where the property is resold within 20 years, the homeowner must pay a clawback amount equal to a percentage of the proceeds of the sale.

All issues pertaining to the clawback are processed by the relevant local authority and I have no function in relation to individual cases. Homeowners who are dissatisfied with a decision of a local authority may register a complaint with the local authority. Each local authority will have a procedure to allow dissatisfied homeowners to make a complaint. Details of the complaints process can be obtained from the relevant local authority. If the homeowner's complaint is not resolved satisfactorily, they can refer their complaint to the Office of the Ombudsman.