Water Services Act 2014

Water charges - dwellings

3. (1) Notwithstanding section 21(1) of the No. 2 Act of 2013, Irish Water shall not charge, before 1 January 2015, for water services provided by it to a dwelling.

(2) Subsection (1) does not apply to non-domestic water supply and waste water charges made under the approved water charges plan in respect of the period from 1 October 2014 until 31 December 2014.

(3) Subject to this section (other than subsection (16)), Irish Water, during the period from 1 January 2015 until 31 December 2018, shall charge for the provision of water services in respect of each year during that period—

(a) to a dwelling which is occupied by not more than one adult as the place of his or her principal private residence, not more than €160,

(b) to a dwelling which is occupied by 2 or more adults as the place of their principal private residence, not more than €260, and

(c) to a dwelling which is occupied by a person as a place of his or her place of private residence but is not the place of his or her principal private residence, or to a premises which if it were occupied would constitute a dwelling, not more than €260.

(4) Where a dwelling is in receipt of one service in respect of water services provided by Irish Water, that is to say—

(a) the supply of water to the dwelling, or

(b) the removal of waste water from it,

then the maximum charge that Irish Water may charge for that service in respect of the dwelling is an amount that is 50 per cent less than the amount that would be charged for water services to the dwelling in accordance with subsection (3) but for this subsection.

(5) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order provide that Irish Water shall not charge for the provision of water services to a dwelling more than the amount specified in the order in respect of any period after the period referred to in subsection (3).

(6) Where the Minister proposes to make an order under subsection (5), a draft of the order shall be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House.

(7) Subject to subsections (3), (14) and (15), the amount that Irish Water may, during the period from 1 January 2015 until 31 December 2018, charge for the provision of water services to a dwelling in respect of which a water meter has been installed by a metering authority (within the meaning of section 19 of the Water Services Act 2013 ) shall be—

(a) not more than €1.85 for each 1,000 litres of water supplied by it, and

(b) not more than €3.70 for each 1,000 litres of water supplied and waste water removed by it.

(8) The charging of customers of Irish Water for the provision of water services provided for in this section is deemed to be part of the approved water charges plan.

(9) Irish Water shall make any consequential amendments to the approved water charges plan necessary to provide for the matters provided for in this section.

(10) Irish Water shall when amending the water services plan under subsection (9) submit any part of the amended plan which is consequential to its amendment to the Commission for approval under section 22(8) of the No. 2 Act of 2013.

(11) The household water allowance as outlined in the water charges policy direction under section 42 of the No. 2 Act of 2013 given by the Minister on 2 July 2014 ceases to apply.

(12) A child water allowance provided under the approved water charges plan applies to a person who is not an adult.

(13) Where a dwelling is provided with a water meter installed by Irish Water and, at any time after 1 January 2015, the average annual volume of water provided by Irish Water to that dwelling is found to be such that the charge for that volume, calculated in accordance with the approved water charges plan as provided for in this section, would be less than the maximum charge provided under subsection (3) which has been paid by a customer of Irish Water, then the customer who is charged for the provision to that dwelling of the water consumed is entitled to one and one only rebate.

(14) Where a dwelling is provided with water services by Irish Water on 31 December 2014 and no occupier of that dwelling has registered with Irish Water before such date as the Minister may by order specify, the occupier, for the time being, of that dwelling shall be liable to be charged by Irish Water the amount of €260 in respect of that dwelling for each year up to 31 December 2018 or until such time as an occupier of the dwelling has registered with Irish Water, whichever first occurs. Where the occupier so registers a lower amount may be charged.

(15) Where a dwelling is provided with water services by Irish Water, on or after 1 January 2015, the occupier, for the time being, of the dwelling shall be liable to be charged by Irish Water the amount of €260 in respect of that dwelling for each year up to 31 December 2018 or until such time as an occupier of that dwelling has registered with Irish Water, whichever first occurs. Where the occupier so registers a lower amount may be charged.

(16) Irish Water shall not charge for any services to a dwelling (including its curtilage) other than—

(a) water services or waste water services provided to the dwelling,

(b) in relation to the connection of the dwelling to water services and waste water services, and

(c) reading and testing of water meters requested by a customer of Irish Water in respect of the dwelling.

(17) A charge made by Irish Water of a customer of Irish Water under section 21 of the No. 2 Act of 2013 includes a charge under this section.

(18) In this section “approved water charges plan” means the water charges plan approved by the Commission under section 22(8) of the Act of 2013 on 30 September 2014.