UL will not have to pay water charges for student digs, court rules

The High Court has ruled the University of Limerick should not have to pay water charges for its student accommodation.

The university won a High Court challenge against a decision in 2021 by Uisce Éireann to classify the accommodation on campus as "non domestic" in order to impose water charges from 2025.

The move could have resulted in students having to pay €106 more per year and the decision is seen as a significant one for other universities.

Up to now the university student accommodation had been allocated domestic allowances similar to that allowed to ordinary dwellings, resulting in a reduction in the university's overall water services bill.

The main campus is supplied with water via meters, most of which is used for the University business of providing education. A small amount is distributed by UL to its student accommodation.

During the academic year, from September to May, the student accommodation is exclusively used by students of UL. From June to August, the student accommodation is used by some UL students but mainly by non-students such as conference delegates and tourists.

The university only sought to challenge Uisce Éireann's approach to its student accommodation during the academic year and did not dispute its obligation to pay water charges in respect of the student accommodation outside of that time.

The issue to be determined by the court was whether the supply of water to the student accommodation is the provision of water services to a "dwelling" as set out in a section of the Water Services Act 2013.

In her ruling, Ms Justice Maguerite Bolger said the university’s student accommodation satisfies the definition of "dwelling" in the 2013 Water Services Act which says Uisce Éireann shall not charge for the provision of water services to a dwelling.

The judge said, as a result, Uisce Éireann is not entitled to charge for the water provided to the university student accommodation within the statutory constraints of the level of use and the allocation of domestic allowances.

Granting a declaration that the student accommodation units at the university were a "dwelling" within the meaning of the Act, the judge said she expected the declaration to be properly respected by the parties.