Derelict and dangerous sites

Derelict sites

A derelict site is land that is in such a bad condition that it takes away from the character, appearance, and amenities of the area it is located in. Derelict sites can include:

• Dangerous or ruinous structures including buildings
• Neglected land or structures in poor condition
• Sites where litter, rubbish, debris or waste has collected

Derelict sites can be a danger to the public and can be an unsightly presence in an area. Dealing with derelict sites can help to make areas safer, improve the appearance of a town, village, or city, and can help to create housing in areas where it’s needed. 

Local authorities are responsible for dealing with derelict sites under the Derelict Sites Act 1990. This Act allows local authorities to enforce clean-up of these sites.

Local authorities can:

• Serve notices to owners to clean up derelict sites 
• Prosecute owners who do not comply with notices served
• Make a Compulsory Purchase Order (CPO)
• Carry out works to clean up the derelict site and charge the owner of the land for the cost of the works

Derelict Sites Register

All local authorities must maintain a public Derelict Sites Register. This register can be viewed by members of the public. The Register contains:

• The location of the derelict site
• Name and address of the owner
• Details of any action taken by the local authority
• Current market value of the site 

It is possible for sites owned by the local authority to end up on the Derelict Sites Register, and it must include details on what the local authority is using the site for and what they plan to do to address the issue. 

What happens when a site is placed on the Derelict Sites Register

If land you own is placed on the Derelict Sites Register, you will receive a series of statutory notices. These will include:

• Notice informing you that your property has been added to the Derelict Sites Register
• Notice telling you what steps the local authority wants you to take to clean up your site

The local authority might also decide to take control of the land via a Compulsory Purchase Order (CPO). You can make an objection to the CPO.

Responding to a statutory notice

You have the right to respond to a statutory notice. If you do not agree with the valuation of your land as it is listed in the Derelict Sites Register, you can appeal this to the Valuations Tribunal.

Derelict site levy

Owners of urban land placed on the derelict sites register must pay an annual levy to the local authority. This levy is 7% of the market value of the land. 

If the owner of the land does not pay the levy or does not comply with a statutory notice by carrying out the work required by the local authority, they can be fined or face imprisonment. The amount you can be fined depends on the type of conviction you receive.

Compulsory Purchase Orders (CPO)

A Compulsory Purchase Order (CPO) is when a statutory body, including a local authority, compulsorily purchases a house or lands without the consent of the owner. 

Local authorities can use CPOs to address issues with derelict sites and dangerous structures or places in their area, or if the land or building is required to deliver a strategically important piece of development. The local authority will first aim to reach an agreement with the owner or occupier to purchase the land. If this agreement cannot be reached, the local authority can make a CPO.

When making a CPO, the local authority must:

• Advertise details of the proposed compulsory purchase in the local newspaper
• Send notice to the owner or occupier of the land
• Provide the owner or occupier with information on how to object
• For dangerous places, a notice must be placed on or near the land, outlining the local authority’s intention to make a CPO

What to do if a local authority has sent notice of a proposed CPO for your land

If you are the owner or occupier of lands that the local authority has proposed compulsorily purchasing, you can make an objection. The local authority must inform you of how and where to make that objection. 

Once the objection is made, the local authority cannot buy the land without consent from An Bord Pleanála. If the CPO is approved by An Bord Pleanála, and there are no further objections, the local authority can go ahead with the purchase. 

Dangerous places and structures

Local authorities have a responsibility to ensure the public is not at risk from dangerous places and structures. Dangerous places and structures can include quarries, excavations, pits, wells, reservoirs, dumps, and unsafe buildings or walls. 

If a local authority considers your land or property to be dangerous, they can serve you with a statutory notice. The statutory notice can tell you what steps you need to take to make your site safe. It can also tell you that you must stop using the site immediately.

If the owner of the site fails to comply with notices on dangerous sites, or prevents the local authority or anyone else from accessing the site to carry out works, they can be fined up to €2,500. The local authority can also recover the cost of any works carried out to make the site safe from the owner.