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GAZETTE
JUNE 1988
Practice
Notes
Recommmendation —Pre-1964
Developments — Evidence of
Compliance with Bye-Laws in
Residential Properties
The Convenancing Committee has
become aware that it is the practice
of some solicitors to request
evidence of compliance w i th bye-
l aws
for
p r e -P l ann i ng
Act
structures.
It is the case that before the
1963 Planning Act came into force,
on the 1st October, 1964, some
local authorities had enacted bye-
laws applicable to some urban
districts pursuant to the Public
Health (Ireland) Act, 1878. It has
not, however, been the practice to
seek evidence of compliance w i th
bye-laws for structures that were
erected prior to the 1st October,
1964. It is, therefore, considered
unreasonable for a purchaser's or
mortgagee's solicitor to request
such evidence where the residence
was completed prior to the 1st
October, 1964. It should also be
no t ed t hat the Conveyanc i ng
Comm i t t ee
has
p r ev i ous ly
recommended that purchasers' and
mortgagees' solicitors should only
seek Certificates of Compliance
w i t h planning pe rmi s s i on for
houses built on or after the 1st
January, 1970.
Roads-in-Charge Certificates
In the September, 1987,
Newsletter
t he Conveyanc i ng Comm i t t ee
i nd i ca t ed t hat Dublin Coun ty
Council and Dublin Corporation are
now charging a £15.00 fee for a
Certificate confirming change of
add r ess or for a Ce r t i f i c a te
confirming roads, footpaths and
services are in-charge.
The Committee further indicated
that it is the current policy of Dublin
Corporation and Dublin County
Council not to charge members of
the public for attending at their
offices and inspecting the relevant
registers and road maps to satisfy
themselves of the position.
The Committee has now ascer-
tained that whilst there is no
charge for inspecting records
relating to roads, there is normally
a charge for inspecting records
relating to services.
Incentive to bring tax affairs up
to date
In his Budget Statement on 27 th
January, 1988, the Minister for
Finance announced an incentive
scheme for the clearance of tax
arrears. The purpose of the scheme
is to give taxpayers a last oppor-
tunity to put their tax affairs in
order so as to avoid the rigorous
regime for the collection and enforc-
ement of tax now being introduced.
The incentive scheme provides
for the waiver of specific unpaid
interest and penalties, provided
that certain conditions as regards
payment of tax are met. To qualify
for the interest and penalty waiver
a person must have paid on or
before 30 th September, 1988, all
tax, health contributions and levies
due for payment. It should be
noted, however, that enforcement
a c t i on w i ll c o n t i n ue in t he
meantime while any arrears of the
amo u n ts in q u e s t i on r ema in
outstanding.
Full details of this can be
obtained from the Revenue Com-
missioners, Dublin Castle.
Launch of new Guide to Planning Legislation
A new book on planning law,
A
Guide to Planning Legislation in the
Republic of Ireland,
by Kevin I.
Nowlan,
B.Sc., B.E., Barrister-at-
Law, Fellow of the Royal Town
Planning Institute, was published
by the Law Society on Thursday 12
May.
A Guide to Planning Legislation in
the Republic
of Ireland
is a
compendium of the Planning Acts,
the Regulations and references to
the relevant case law. In compiling
the book the author kept in mind
the need of practitioners in the
planning law area for a quick
source of practical guidance. The
book is available from the Law
Society, Blackhall Place, Dublin 7.
Price £27 . 50 plus £2.10 (packing
and postage).
At the Launching of
A Guide to Planning Legislation in the Republic of
Ireland
were from left: the author, Kevin /. Nowlan, Padraig Flynn T.D.,
Minister for the Environment who introduced the book at the Launch,
and Thomas D. Shaw, President of the Incorporated Law Society.
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