Local Government (Charges) Act 2009

Meaning of residential property.

2.— (1) In this Act, “ residential property ” means a building situated in the State used, or suitable for use, as a dwelling, including any house, maisonette, flat or apartment (including a bedsit) but does not include—

(a) an approved building within the meaning of section 482 of the Act of 1997,

(b) a building that forms part of the trading stock of a business—

(i) from which, since its construction, no income has been derived, and

(ii) which has not, at any time since its construction, been used as a dwelling,

(c) a building let by a Minister of the Government, a housing authority or the Health Service Executive established by the Health Act 2004 ,

(d) a building occupied under a shared ownership lease within the meaning of section 2 of the Act of 1992,

(e) a building let by a body standing approved for the purposes of section 6 of the Act of 1992,

(f) a building that is leased to, or that is the subject of an agreement with, a housing authority, in connection with the performance by the authority of its functions under section 56 of the Housing Act 1966 ,

(g) a building that is leased to, or is the subject of an agreement with, the Health Service Executive, to be used by the Health Service Executive in the performance of its functions under the Health Act 2004 , or

(h) a building to which Schedule 3 of the Valuation Act 2001 applies.

(2) For the purposes of this Act, a bedroom, forming part of a residential property, that is let under a letting arrangement whereby the individual occupying that bedroom is entitled to share with any other individual any other accommodation, amenity or facility in the property is not a residential property, but the building of which it is a part is.