Ireland: Budget 2015 - Positive Changes For Property & Construction Sector

In keeping with the Government's Strategy 2020: A Strategy for a Renewed Construction Sector, Budget 2015 introduced a number of positive changes which should assist the Property and Construction sectors. The forthcoming Planning Bill will include further initiatives, particularly to encourage social housing.

CGT Relief Window Closing!

The relief was introduced in 2011 to allow purchasers avail of a seven year exemption from capital gains tax. Any purchaser wishing to avail of this relief must enter into a binding unconditional Contract for Sale on or before 31 December 2014. The initiative in 2011 was to encourage activity in the market. As the number and value of property transactions have increased dramatically since then, the time is right to close the window.

80% Windfall Tax Abolished

The 80% windfall tax applying to profits on the disposal or development of rezoned land will be abolished with effect from 1 January 2015. The standard rate of tax on capital gains of 33% will apply instead.

Current legislation provides that all changes in land zoning will result in this land being liable for an 80% windfall tax rate when sold. Commentators have stated that this super tax has contributed to the lack of development of new housing. The abolition of this tax is expected to kick start the construction industry in rural and urban areas and assist in solving the shortage of homes on the market at present.

First Time Buyers

Immediately effective is the introduction of a Deposit Interest Retention Tax refund on savings used to purchase a home by first time buyers. The relief will run until the end of December 2017 in respect of savings up to a maximum of 20% of the purchase price.

This means that first time buyers will be permitted to retain 100% of interest they earn on their savings. Banks will introduce saving packages to encourage prospective first time buyers to save.

Planning Levies

There will be a public consultation and if landowners are holding onto zoned or serviced development lands for higher prices the Minister for Finance will examine what taxation measures may be taken to penalise such landowners.

Mr Noonan's colleague, Alan Kelly, the Minister for the Environment, Community and Local Government, has already announced some reforms to the planning system to be introduced through the Planning Bill. The new legislation is expected to introduce a new levy to be charged to landowners with vacant sites or empty buildings. It is expected that the levy will start at 3% of the market value of the site or building and will increase by 1% each year to a maximum of 6%.

Currently, occupied commercial property and habitable unoccupied property are subject to commercial rates. Vacant development land and uninhabitable unoccupied property are not liable for commercial rates. By introducing a new levy, the Government aims to encourage developers to put vacant residential land into use to ease the housing crisis.

The levies are expected to apply to landowners who fail to act on planning permissions already granted within a particular time frame and landowners who fail to use their vacant sites in line with a city or county development plan. Local authorities, in urban centres of greater than 3,000 population, will have discretion to introduce the measures to impose the levies.

It is worth noting that the levy will attach to the property, not the owner, until such time as it is paid to the local authority. This means that the cost will be pass to a purchaser of the property if the charge is not paid before the sale completes.

Social Housing

Mr Brendan Howlin, the Minister for Public Expenditure and Reform, yesterday announced the intention of the Government to commit €2.2billion to social housing over the next three years. More specifically, Mr Howlin announced that €800million of this investment will be allocated to the 2015 housing programme, €450million of this being capital expenditure.

This investment by the Government is expected to deliver 10,000 housing units by 2018.

Analysis of the proposed reform to Part V will wait until the Planning Bill is published. In his announcement earlier this month, Mr. Kelly confirmed that new Part V proposals will be introduced which will require developers to provide up to 10% of their housing units for social housing. The new proposals will seek to ensure that the social housing units will be located predominantly on the site of the original development. Previously, developers could substitute social housing obligations with cash payments to local authorities.

In addition, developers will be required to develop a site within a timeframe or they will lose their planning permission. Currently, the duration of a planning permission is in general 5 years and where substantial works are carried out during that period, the planning authority may extend the period of the planning permission subject to certain requirements.

Other aspects of Budget 2015 to note include the threshold for exempt income under the rent-a-room relief scheme which is being increased to €12,000 and the extension of the Home Renovation Incentive ("HRI"). This is a tax scheme which was introduced last year to provide a tax credit to homeowners who carry out renovation and improvement works on their principal private residence in 2013 and 2014. The credit is calculated at 13.5% of all qualifying expenditure over €5,000 and up to a maximum of €30,000. HRI is being extended to include rental properties owned by landlords subject to income tax and will apply to works carried out from today to 31 December 2015.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions