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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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Chapter 10

Designated areas of certain towns

372AA Interpretation and application (Chapter 10).

(1) In this Chapter—

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facade”, in relation to a building or structure, part of a building or structure, or a house, means the exterior wall of the building or structure, the part of the building or structure or, as the case may be, the house which fronts on to a street;

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lease”, “lessee”, “lessor”, “premium” and “rent” have the same meanings respectively as in Chapter 8 of Part 4;

market value”, in relation to a building, structure or house, means the price which the unencumbered fee simple of the building, structure or house would fetch if sold in the open market in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the building, structure or house, less the part of that price which would be attributable to the acquisition of, or of rights in or over, the land on which the building, structure or house is constructed;

property developer” means a person carrying on a trade which consists wholly or mainly of the construction or refurbishment of buildings or structures with a view to their sale;

qualifying area” means an area or areas specified as a qualifying area under section 372AB;

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qualifying period” means, subject to section 372AB, the period commencing on—

(a) in the case of section 372AC and section 372AD, such day as the Minister for Finance may by order appoint, and

(b) in the case of sections 372AE, 372AF, 372AG, 372AH and 372AI, 1 April 2000,

and ending on [2]>31 March 2003<[2][2]>31 December 2003<[2];

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qualifying period” means, subject to section 372AB, the period commencing on such day as the Minister for Finance may by order appoint and ending on 31 December 2003;

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qualifying period” means, subject to section 372AB, the period commencing on 6 April 2001 and ending on 31 December 2004;

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qualifying period” means, subject to section 372AB, the period commencing on 6 April 2001 and ending on—

(a) 31 December 2004, or

(b) where subsection (1A) applies, [12]>31 July 2006;<[12][12]>31 December 2006, or<[12]

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(c) where subsections (1A) and (3) apply, 31 July 2008;

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refurbishment”, in relation to a building or structure [4]>and other than for the purposes of sections 372AG and 372AH<[4], means any work of construction, reconstruction, repair or renewal, including the provision or improvement of water, sewerage or heating facilities, carried out in the course of the repair or restoration, or maintenance in the nature of repair or restoration, of the building or [8]>structure.<[8][8]>structure;<[8]

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street”, includes part of a street and the whole or part of any road, square, quay or lane.

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(1A) This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if—

(a) (i) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000), in so far as planning permission is required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003,

(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), and

(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations,

(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994), not being an application for outline permission within the meaning of article 3 of those regulations,

(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and

(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations,

or

(c) where the construction or refurbishment work on the building or structure represented by that expenditure is exempted development for the purposes of the Planning and Development Act 2000 by virtue of section 4 of that Act or by virtue of Part 2 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) and—

(i) a detailed plan in relation to the development work is prepared,

(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and

(iii) work to the value of 5 per cent of the development costs is carried out,

not later than 31 December 2004.

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(2) [5]>This Chapter<[5][5]>This Chapter and Chapter 11 of this Part<[5] shall apply if the Oireachtas passes an Act which refers to this Chapter and provides for the renewal of certain urban areas and the submission of plans (to be known as “Town Renewal Plans”) to the Minister for the Environment and Local Government which have been drawn up by county councils (being county councils as referred to in such Act) in respect of an area or areas identified by such an authority on the basis of criteria prepared by that Minister, including physical and socio-economic renewal of such an area or areas.

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(3) Subject to paragraphs (a) and (b) of section 270(7), this subsection shall apply in relation to the construction or refurbishment of a building or structure or part of a building or structure the site of which is wholly within a qualifying area where—

(a) the person who is constructing or refurbishing the building or structure or the part of the building or structure has, on or before 31 December 2006, carried out work to the value of not less than 15 per cent of the actual construction or, as the case may be, refurbishment costs of the building or structure or the part of the building or structure,

(b) the person referred to in paragraph (a) or, where the building or structure or the part of the building or structure is sold by that person, the person who is claiming a deduction under Chapter 1 of Part 9 in relation to the expenditure incurred, can show that the condition in paragraph (a) was satisfied,

(c) a binding contract in writing under which expenditure on the construction or refurbishment of the building or structure or the part of a building or structure is incurred was in existence on or before 31 July 2006, and

(d) such other conditions, as may be specified in regulations made for the purposes of this paragraph by the Minister for Finance, have been satisfied; but such conditions shall be limited to those necessary to ensure compliance with the laws of the European Communities governing State aid or with a decision of the Commission of the European Communities as to whether aid to which this subsection relates is compatible with the common market having regard to Article 87 of the European Communities Treaty.

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Inserted by FA00 s89(a).

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Substituted by FA01 s80(1)(a).

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Substituted by FA02 sched2(2)(g)(i)(I).

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[-]

Deleted by FA02 sched2(2)(g)(i)(II).

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[-] [+]

Substituted by FA02 sched2(2)(g)(ii).

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[-] [+]

Substituted by FA03 s26(c).

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Inserted by FA03 s29(1)(a)(i).

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[-] [+]

Substituted by FA03 s29(1)(a)(ii).

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Inserted by FA03 s29(1)(a)(iii).

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[-] [+]

Substituted by FA04 s26(1)(h)(i).

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Inserted by FA04 s26(1)(h)(ii).

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Substituted by FA06 s33(1)(a)(i)(I). With effect from 26 June 2006 per SI 328 of 2006.

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Inserted by FA06 s33(1)(a)(i)(II). With effect from 26 June 2006 per SI 328 of 2006.

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Inserted by FA06 s33(1)(a)(ii). With effect from 26 June 2006 per SI 328 of 2006.