Legal Obligation of Owners of Commercially Rated Property.
New duty on owners to notify the local authority of a change in occupation of rateable property.
Section 32 Declaration
The Local Government Reform Act, 2014 provides for a wide range of reforms to local authority functions, structures and funding, and includes a number of changes in respect of commercial rates.
Section 32 places a new duty on owners of commercially rated property taking effect from 1st July 2014.
Owners of rateable property must notify the Local Authority in writing of the following changes to their commercially rated property:
- Change in tenant
- Sale of property
- Property has become vacant
Written notification of the above must be submitted to the Local Authority within 14 days of the transfer/change in circumstances taking place.
Completion and submission of a ‘Section 32 Declaration’ by the owner of the rateable property, to Limerick City & County Council, in the above circumstances, is a legal obligation.
Failure To Comply
Failure to comply will result in penalties for the owner of the rateable property equating to a maximum of 2 years worth of rates.
Unpaid rates due by the owner and the penalties applied under Section 32 become a charge on the property.
The Owner must therefore ensure that all unpaid rates due by them, or the tenant leaving, are discharged to Limerick City and County Council prior to transfer of property.
For further information contact:
Limerick City and County Council
The full text of the Local Government Reform Act 2014 can be accessed at www.oireachtas.ie
DISCLAIMER: The above information should not be regarded as a legal interpretation of the above-mentioned legislation. Reference should be made at all times to the text of the Act or related Rates Legislation.