Thursday, 16 December 2021
Department of Housing, Planning, and Local Government
Where monies are owed under the derelict site levy, including any interest chargeable for late payment, they become a charge on the land concerned under section 24 of the Derelict Sites Act 1990 (the Act) until they are paid. Where the ownership of the land on which the levy is due is transferred, such as on foot of being sold, the local authority must be notified under section 29 of the Act. When a local authority is notified by any person of a transfer of land or an interest in land, it shall cause the appropriate entry in the register to be amended. These are statutory provisions under the Act and the levy remains a charge on the land until it is paid by the registered owner.
Section 23 of the Act enables local authorities, at their discretion, to provide that levy due may be paid by instalments. Section 26 of the Act further provides that local authorities may, at their discretion and for a specified period, temporarily suspend payment of the levy on hardship grounds but that the levy due shall remain a charge on the land and the registered property owner after that specified period until the amount due is paid.
314. To ask the Minister for Housing, Planning, and Local Government if the derelict sites legislation grants a provision for delay of placement on the register in a situation whereby a person intends to dispose of dereliction; and if there is a time limit on this delay. [62506/21]
Section 8(2) of the Derelict Sites Act 1990 provides as follows:
“Before making any entry on the register in relation to any land, the local authority shall give to any owner and occupier, where they can be ascertained by reasonable enquiry, notice of their intention to make such entry and shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice and may either make the entry or not as they think proper having regard to such representations."
In line with this provision, the owner or occupier of a derelict site on whom notice has been served of the intention of the local authority to include the land in question in it's derelict sites register should, in the first instance, be provided with an opportunity to make representations to the local authority in relation to the matter within a specified time period. It is a matter for the local authority concerned to determine, having regard to any representations received, whether or not to include the land in question in its derelict sites register.