Written answers

Tuesday, 13 July 2021

Department of Housing, Planning, and Local Government

Derelict Sites

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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370. To ask the Minister for Housing, Planning, and Local Government the steps he is taking to ensure derelict buildings are inspected for risk of collapse; and if he will make a statement on the matter. [38063/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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Under section 9 of the Derelict Sites Act 1990 (the Act), owners and occupiers of land are required to take all reasonable steps to ensure that their land does not become derelict. Section 10 of the Act requires local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site.

To this end, local authorities have been given substantial powers under the Act in relation to any such sites, including powers to –

- establish and maintain a register of derelict sites in their functional areas,

- require specified measures to be taken in relation to a derelict site,

- impose a levy on sites which are included in their derelict sites register, and

- acquire a derelict site by agreement, or, compulsorily.

Under section 11 of the Act, local authorities are empowered to serve notice on any person who appears to them to be the owner or occupier of a derelict site requiring them to undertake specified measures, and to specify the period within which such measures should be undertaken, which it considers to be necessary in order to prevent the land from becoming or continuing to be a derelict site.

Where a notice under section 11 of the Act is not fully complied with within the specified period, the local authority may take such steps (including entry on land) as they consider reasonable and necessary to give effect to the terms of the notice. The local authority may further recover any expense incurred in undertaking such works from the person on whom the notice was served and who is the owner or occupier as a simple contract debt in any court of competent jurisdiction.

As indicated, where a local authority considers it necessary, it may acquire by agreement or compulsorily any derelict site within their functional area under section 14 of the Act. 

Section 30 of the Act empowers an authorised person to enter on any land at all reasonable times between 9am and 6pm for any purpose connected with the Act, which would include the inspection of premises deemed to be at risk of collapse. An authorised person means a person appointed by a local authority, the Valuation Tribunal or the Minister for the purposes of the Act. 

It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas. 

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