Sale ban on homes that are in arrears to Irish Water

Tenants will be barred from purchasing their City Council homes from January unless they ‘water down’ their principled objection to water charges, and pay arrears to Irish Water.

Private homeowners will also be hit by the new legislation, which will be enacted from January 1 – homes cannot be sold unless water charges are up to date.

A new purchase scheme for Galway City Council tenants will open in January whereby sitting tenants can purchase the local authority home they are living in.

But the Department of Environment has confirmed that tenants who haven’t paid their water charges will be precluded from buying their home under the scheme, as well as under previous tenant purchase schemes.

The Department has also confirmed that before completing the sale of a property, private homeowners must pay any outstanding charges to Irish Water.

A condition of sale is a certificate or statement from the utility to confirm that water charges are paid, in order for Council tenants to buy their home and for private homeowners to sell theirs.

If the bill isn’t paid, the law provides for the outstanding charge to be taken from the proceeds of the sale.

The legislation was passed by Government in July but only comes into effect in January.

Independent Galway City Councillor Catherine Connolly said it signals an “ignoble start to the 100th year celebration of our Republic” as the legislation makes local authorities and solicitors ‘police authorities’ for Irish Water.

She pointed out that Irish Water is being treated entirely differently to any other utility, such as electricity. “This is an unacceptable interference with tenants’ rights and has never happened before in relation to any other bills outstanding to a utility company or indeed any other creditor. It is the same as saying to a tenant if you have not paid your phone bill or your ESB bill you cannot buy your house,” said Cllr Connolly.

■ For more on this story, see the Galway City Tribune.