Seanad debates
Wednesday, 28 May 2025
Dereliction and Building Regeneration Bill 2025: Second Stage
2:00 am
Malcolm Noonan (Green Party)
I move: "That the Bill be now read a Second Time."
Cuirim fáilte roimh an Aire Stáit. He is very welcome to the House this evening to discuss this important Bill proposed by the Cross-Party Group of the Labour Party, the Social Democrats and the Green Party. I am sure the Minister of State will be aware, from his own part of the country, that vacancy and dereliction is a blight on our villages, towns and cities. We estimate, and they are conservative estimates, that there are as many as 80,000 properties that could be renovated and put back into productive use. These are not just the properties facing our streets; the potential to backfill these properties for multiple occupancies is immense.
Earlier today, we had a presentation from Valerie Mulvin of McCullough Mulvin Architects, which has done a huge amount of work, including a touring exhibition, "The Reason of Towns", which looks to a resource to which we have turned our backs for far too long. We also heard from Steve Wall, lead singer of The Stunning, who has family experience with a property that was in his family's ownership. It was a family business - a shoe shop - for many years that they tried to renovate and ran into huge difficulties with the fire officer. These are the experiences that many people are facing as they look to try to regenerate and restore properties. This Bill seeks to address some of that to make it easier. It is enabling legislation, but it is also legislation that tries to unlock sites that have been derelict for a long time, where the owners of them are sitting on them. We have a not-fit-for-purpose Derelict Sites Act 1990, which is not really addressing the problem we are trying to deal with here.
I will generally outline the purpose of the Bill and what we are seeking to do. The main element of it is the amendment of the Derelict Sites Act 1990. The Bill seeks to expand the definition of "derelict" buildings for the purpose of placing buildings on the derelict sites register to include buildings that are "damaged", "neglected" and are not habitable without remedial works, buildings that have entrances and windows boarded up and buildings that have been disconnected from electricity or water services for a period of two years. It will require local authorities to publish a derelict sites register online. It will require local authorities to use modern methods of serving notice to owners of derelict properties, including site notices, local media and social media. It will also require local authorities to commence acquiring sites once they are on the derelict sites register for a period of two years.
The Bill would repeal the derelict sites levy and a derelict sites tax would be introduced. We know that there has been a really low collection rate of the derelict sites levy. The derelict sites tax would be introduced at 7% of the market value of the property. The responsibility of collection would be with Revenue. All moneys collected would be returned to local authorities to achieve the objective of the Affordable Housing Act 2021. The Bill would also expand the definition of "urban" land to cover all land in towns, villages and cities and remove the requirement for the Minister to have to make regulation to define "urban".
Part 3 amends the Finance (Local Property Tax) Act 2012 and the proposed amendment introduces a new tax category for vacant homes and a tax on vacant homes at a rate of 3% of the market value of the property to be collected by Revenue. This includes a new definition for "relevant residential property" as a property that has been vacant for at least 180 days in the preceding year. A number of exemptions apply to the tax, for example if the owner is in care, has moved temporarily for work purposes or if the property is a holiday home undergoing major renovations.
Part 4 relates to the Planning and Development Act 2000 and the Building Control Act 1990, and seeks to improve and expedite the process for bringing vacant units within existing properties back into use. This is something that has been sought for a long time, particularly by the conversation and architect profession. The amendments propose to establish a new planning and building control approval process - namely, a town centre first application process - to enable the expedited development of certain classes of residential development in order to bring vacant stock back into use and implement the town centre first policy. This includes those requiring change of use from commercial or industrial to residential and residential refurbishment in upper floors and in other structures. The Bill expands a limited category of exempted development, and requires direct inspection by independent, qualified and authorised persons before construction may commence. The town centre first application process will reduce the administrative delay and expense, simplify existing administrative systems for planning and building control and ensure compliance in the conversion or refurbishment of existing structures in areas to residential use.
The Bill will require the Department of Housing, Local Government and Heritage to draft and publish associated technical guidance documents for each section of the building regulations relevant to the refurbishment, regeneration and upgrading of existing buildings. The proposal specifically addresses challenges associated with fire safety, which is something we heard about today from the owners of properties, with disabled access in old buildings and with change of use to residential property. The Bill also provides for a national town centre first partnership office to oversee this new process and assist and provide guidance to all local authorities on the reuse, refurbishment and retrofit of existing buildings.This very far-reaching Bill has immense potential. The Minister of State knows from his own beautiful town of Clonakilty, which I visit very regularly, the potential in these places throughout the country. I looked at a Heritage Council proposal from 2012. Martin Colreavy, then principal adviser for built heritage policy, stated:
Given the concentration of historic and older structures in the urban core of our cities and towns, this focus [on heritage-led urban regeneration] supports the Government’s sustainable development policy ‘Our Sustainable Future’ launched by the Taoiseach in June 2012. It incentivises jobs-rich investment in existing assets and protects the value of those assets. Over the longer term it will encourage the maintenance and expansion of populations in urban cores and reduce pressure for unsustainable expansion into greenfield areas, maximising the use of other infrastructure such as schools, retail, recreation and public transport facilities. It is particularly consistent with the objectives of a low carbon economy.
That was in 2012. Here we are in 2025 and my understanding is that the Government will put a timed amendment on this Bill, which is disappointing to say the least. We listened to the housing Minister in recent days say he wanted to accelerate all activity. I will allow my colleagues to speak but I urge Members to support this Bill.
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