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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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The county councils receive 80% of the property tax collected

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The county councils receive 80% of the property tax collected in their respective counties.
Therefore are they legally obliged to provide maintenance services, including grass cutting of open spaces in private housing estates in each county. Thank you. Joe

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Customer: replied 3 years ago.


No problem waiting longer. May I emphasise again I would like to know the LEGAL obligation of the councils Thank you.


Hello Joe,

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1. Dear *****, there is no legal obligation on Councils to provide grass cutting services in any area. Essentially, this is a matter of discretion of the Council and they can decide to provide grass cutting services from the budget or not. There is no legally enforceable obligation on the Council to provide grass cutting services which you can sue upon and enforce in a court of law. So when the Council cite in adequate resources when declining to cut grass, then you cannot successfully sue them in a court of law. Ultimately, it is a matter of discretion of the Council in spending their budget whether they provide these services or not. You could potentially judicially review that discretion but I have never seen such as judicial review succeed.
Buachaill, Barrister
Satisfied Customers: 10953
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you,
One further comment. I have paid property tax on the understanding that these services would be provided--sold to us by politicians when the tax was proposed--now I must pay a private company as the areas are left a mess. Double payment. Any redress such as reduced property tax. Is that a runner?

Thanks again.



2. Dear *****, I regret to say that the payment of property tax is in no way dependent upon delivery of services. This is a constant gripe of many people who pay high property tax rates - that essentially they don't get value for money. Here I would suggest you get onto your local politican who gave a promise that services would be delivered. Very often, the Council will carry out additional works where a local Councillor requests it or puts down a MOtion at the Council meeting that it be done.
Customer: replied 3 years ago.

Thank you for your expert opinions and advice and of course your patience. I will say finally, the councils are in a win win situation here, they take the funds, ignore the estates, the residents cannot let the situation get any worse so they have to hire a private company then the councils see no need to come in. This is more than blue collar crime, this is plain and simple theft. Thats it, nothing I or anyone can do. Thanks again. Joe.


3. Dear Joe, you are correct. I regret to say there is a lack of accountability in the whole area.
Customer: replied 3 years ago.


I gave an excellent rating once and it does not allow another without payment. Thank you again.


Thank you