S.I. No. 200/2018 - Valuation Act 2001 (Vacant Site Appeal to Tribunal) (Fees) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 4 (2) of the Valuation Act 2001 (No. 13 of 2001), as applied by section 13 (7) of the Urban Regeneration and Housing Act 2015 (No. 33 of 2015), and the Valuation Office and Valuation Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2017 ( S.I. No. 575 of 2017 ) hereby make the following regulations:

1. These Regulations may be cited as the Valuation Act 2001 (Vacant Site Appeal to Tribunal) (Fees) Regulations 2018.

2. Subject to this Regulation, the fee specified in column (3) of the Application Fees Schedule opposite a particular reference number specified in column (1) of that Schedule is prescribed for the purposes of Section 4 (2) of the Valuation Act 2001 as the fee to accompany an application under section 13 (1) of the Urban Regeneration and Housing Act 2015 (the “application fee”) in respect of a class of market value of land as determined by the planning authority specified in column (2) thereof at that reference number.

GIVEN under my Official Seal,

31 May 2018.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

On 1 January 2018 the functions vested in the Minister for Justice and Equality—

(a) by or under the Valuation Act 2001 (No. 13 of 2001) other than section 53 thereof, and

(b) under section 14 of the Valuation (Amendment) Act 2015 (No. 10 of 2015),

transferred to the Minister for Housing, Planning and Local Government by the Valuation Office and Valuation Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2017 ( S.I. No. 575 of 2017 ).

Section 13 of the Urban Regeneration and Housing Act 2015 allows for appeals of market value determinations to be made to the Valuation Tribunal.

Section 4 (2) of the Valuation Act 2001 gives the power to the Minister to make regulations enabling the Commissioner and the Tribunal to charge fees, on such basis or bases as is or are specified in the regulations, in respect of proceedings brought before the Tribunal.

This regulation sets out the fees payable in respect of appeals of market value determinations made to the Valuation Tribunal.

No commencement provision has been included in the instrument as it is intended that commencement will be upon its making.