2 Interpretation generally

In these Regulations–

“Act” means the Finance (Local Property Tax) Act 2012 (No. 52 of 2012) as amended by the Finance (Local Property Tax) (Amendment) Act 2013 (No. 4 of 2013);

“Building Condition Assessment” in respect of a residential property means a desk study and a visual non-invasive internal and external inspection of the property carried out by a competent person, under and in accordance with I.S. 398-1:2013, to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage;

“competent person” means a person, company or partnership having sufficient theoretical and practical training, experience and knowledge appropriate to the nature of the work to be undertaken as detailed in I.S. 398-1:2013 and who is not the liable person (within the meaning of section 2 of the Act) in relation to the residential property being tested and certified or a person connected (within the meaning of section 10 of the Taxes Consolidation Act 1997 (No. 39 of 1997)) with that liable person;

“Damage Condition Rating” means the rating assigned by a competent person following a Building Condition Assessment to a residential property in accordance with I.S. 398-1:2013;

“I.S. 398-1:2013” means Irish Standard 398-1:2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorization protocol, as published by the National Standards Authority of Ireland, and any revisions of that standard as may from time to time be made;

“reactive pyrite” means pyrite in a form that is readily oxidised;

“significant pyritic damage” in respect of a residential property, means a property which–

(a) has a Damage Condition Rating of 2 or a Damage Condition Rating of 1 (with progression) established on foot of a Building Condition Assessment carried out by a competent person under and in accordance with I.S. 398-1:2013, and

(b) has sub-floor hardcore material classified, by the appropriate competent persons, as susceptible to significant or limited expansion, established on foot of testing the sub-floor hardcore material.