Economic Development and Enterprise

Local Government Rates & Other Matters Act 2019 – as amended

NOTICE OF LEVYING OF COMMERCIAL RATES

NOTICE IS HEREBY GIVEN under Section 3(1) Local Government Rates (Financial Procedures) Regulations 2023 of the adoption of an Annual Rate on Valuation (ARV) of 79.68 for 2024 at the Budget Meeting of the above-mentioned local authority held on 27th November 2023.

The rate calculated under Section 4(1) of the Local Government Rates and Other Matters Act 2019, as amended, falls due and payable from the 1st January 2024.

Signed: Valerie O’Sullivan

Valerie O’Sullivan,

Chief Executive,

Cork County Council,

County Hall,

Cork.

Published

Dated: 12 January 2024

Local Government Rates & Other Matters Act 2019 – as amended

Under the new legislation set out in the Local Government Rates & Other Matters Act 2019 as amended, several changes are taking place which will affect all Ratepayers from 2024. The most significant of these are:

  • Commencing in 2024, Commercial Rates are now due from 1st January and are payable as a single charge.

Cork County Council appreciates that as Rates were previously payable in 2 moieties this change may have a negative impact on cash flow for some businesses. Therefore, Ratepayers may still pay in 2 instalments in the same timeframe as previously. Also some Ratepayers enter into agreements with Cork County Council and make periodic payments over the course of the year to discharge their Rates liability. This practice will continue in 2024.

  • Amendments to the valuation list will now be effective immediately i.e.
  1. Revisions
  2. Additions & Removals
  3. Appeals (Valuation Tribunal & Courts)
  • There will now be provision for pro-rata liability and billing where occupation ends or begins mid-year.
  • By way of advance notice and in accordance with the new legislation, interest charges will be applicable from 1st of January 2026 on unpaid 2025

Commercial Rates bills. Further information will be provided in due course.

  • Section 10 - Database of relevant properties – A Ratepayer is required to give notice within 10 days to the local authority if they become aware that incorrect information is being held by the local authority. The penalty for contravening this requirement, without reasonable excuse, is being guilty of an offence and being liable, on summary conviction, to a Class A fine. A Class A fine is a fine not exceeding €5,000.
  • Section 11 - Duty of a ratepayer to inform a local authority where they
    1. cease to be a liable person,
    2. become a liable person,
    3. change their status as a liable person.

The penalty for contravening this requirement, without reasonable excuse, is being guilty of an offence and being liable, on summary conviction, to a Class A fine. A Class A fine is a fine not exceeding €5,000.

  • Section 13 - Payment of rates on sale of relevant property

A liable person who proposes to sell a relevant property is required to pay to the local authority any rates and accrued interest which is due and payable in respect of that property in their capacity as a liable person on or before the completion of the sale. The penalty for contravening this requirement, without reasonable excuse, is being guilty of an offence and being liable, on summary conviction, to a Class A fine or imprisonment for a term not exceeding six months or both. A Class A fine is a fine not exceeding €5,000.

  • Section 14 – Unpaid rates to be a charge on relevant property.

Any rates and accrued interest which is due and payable in respect of a property by an owner in their capacity as a liable person remains a charge on the property.

A liable person as per section 4(4)(a) is (i) the occupier of the relevant property on the first day of the local financial year; (ii) if the relevant property is unoccupied on that day, the person who is for the time being entitled to occupy the property on that day.