Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

The existing legislation should work. I think this is down to enforcement at a local level, which is critically important. Section 281 deals with the "duty of owners and occupiers to protect structures from endangerment". It states:

Subject to subsections (2) and (3), each owner and occupier of a protected structure or proposed protected structure shall take all reasonable steps to ensure that the structure is not endangered.

The Deputy made a point about the costs and the ability to carry out works. There are a couple of points and I will come back to the Deputy. The legal owner has a duty to protect the structure, even where there is a dispute over occupation. Section 287 states that it is an offence not to protect a protected structure. Section 283(2) states:

Where the planning authority cannot identify the owner or occupier of a protected structure or proposed protected structure, and the planning authority is satisfied that urgent works are required to address an immediate danger to the structure or to a structure’s special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, the planning authority may take such steps as it considers reasonable and necessary to address the immediate danger, including— (a) entry on land by authorised persons in accordance with section 361, and

(b) carrying out, or arranging for the carrying out, of the works that it considers to be reasonable and necessary to address the immediate danger.

There are strong provisions in the Bill to ensure that local authorities have an important role where there are issues in identifying the owner or occupier of a protected structure. The local authority can step in to stop the rot, literally, and try to carry out works to protect the integrity of the building.