Finance Act 2004

Amendment of section 92 (new dwellinghouses and apartments with no floor area certificate) of Principal Act.

73.—(1) Section 92 of the Principal Act is amended—

(a) in subsection (1)(a)(iii) by substituting “sections 29, 53, 91 and 91A” for “sections 29, 53 and 91”,

(b) by substituting the following for subsection (1)(b)(i):

“(i) the instrument—

(I) is one to which section 29 or 53, applies and that sections 91 and 91A do not apply, or

(II) gives effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment and that sections 29, 53, 91 and 91A do not apply,

(ia) on the date of execution of the instrument there exists a certificate, signed by such person or class of persons as may be set down in regulations made by the Minister for the Environment, Heritage and Local Government from time to time for the purposes of this section, stating that the total floor area of the dwellinghouse or apartment does or will exceed 125 square metres, and”,

and

(c) by inserting the following after subsection (2):

“(3) The furnishing of an incorrect statement within the meaning of subsection (1)(b) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act 1997 .

(4) For the purposes of this section, the Minister for the Environment, Heritage and Local Government may make regulations from time to time—

(a) specifying the manner in which the total floor area of a dwellinghouse or apartment is to be measured, and

(b) specifying the person or class of persons who may sign a certificate referred to in subsection (1)(b)(ia).

(5) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

(2) This section applies as respects instruments executed on or after 1 July 2004 other than instruments executed on or after 1 July 2004 solely in pursuance of binding contracts entered into before 1 April 2004.