Derelict sites

A derelict site is any land that is in such bad condition that it takes away from the character, look or amenities of the area it is in. Derelict sites can include:

• Buildings or structures that are derelict or in very bad, or dangerous condition
• Land or buildings that look neglected or unpleasant
• Sites where litter, rubbish, debris or waste has collected

The Derelict Sites Act 1990 outlines the rules about derelict sites.

Your local authority is responsible for dealing with derelict sites in your area. They can enforce the clean-up of these sites.

Local authorities can:

• Serve notices to derelict site owners to clean up their derelict sites
• Prosecute owners who do not comply with the notices they are served about their derelict sites
• Take possession of a derelict site using a compulsory purchase order
• Carry out work on a derelict site themselves and charge the owner for the cost

All local authorities must:

• Maintain a derelict sites register
• Make the register available to the public

They can remove a site from the register when they are satisfied with the work done to improve the derelict site.

Each local authority must keep a register of all the derelict sites in its area. The register should must have the following information for each derelict site:

• Location of the derelict site
• Name and address of the owner of the derelict site
• Details of anything the local authority has done about the derelict site
• Current market value of the site

If a local authority owns or occupies a derelict site, the derelict sites register must also contain details about:

• What its currently used for
• What the local authority plans to do with it

Your local authority must give you written notice if they want to include your site on the derelict sites register. You can write to them to explain why you don’t think your site should be included on the register. You must do this within the timeframe given in the notice. The local authority will consider your reasons and decide whether to add your site to the register or not.

What if my site is added to the derelict sites register?

If your site is placed on the derelict sites register, you will get a:

• Notice telling you that your property has been added to the derelict sites register
• Notice of what steps your local authority wants you to take to clean up your site

You can respond to your local authority about these notices, if you do not agree with them.

You can also appeal the valuation of your site to the Valuation Tribunal. To appeal the valuation, you fill in a Derelict Site Appeal online. You need to do this within 28 days of getting the notice and pay a fee.

If you own urban land that has been entered into the derelict sites register, you must pay an annual levy to your local authority. The levy is 7% of the land’s market value.

What is an urban area?

The Minister for Housing, Local Government and Heritage can classify any area an urban area. This means the local authority can use their power in these areas to enforce derelict site laws.

Paying the derelict sites levy

If you do not pay the derelict sites levy within 2 months of getting a notice about it the local authority can:

• Charge you interest on the full amount at a rate of 1.25% a month or part of a month
• Take you to court to recover this amount, if necessary

This will not happen if you have already reached an agreement with the local authority about the levy.

What happens if your site is removed from the derelict site register

If your site is removed from the derelict sites register, the local authority will:

• Calculate the amount of levy that you owe, based on how many days are left in the financial year
• Issue a refund or notice of any outstanding payment

What happens if the value of the site changes?

Any change to the valuation of the site means that the levy on the land will also change.

If the value of your land decreases, the local authority will:

• Re-calculate the amount according to the new valuation
• Refund any excess that you paid.

If the value of the property increases, the local authority can demand the levy on the amount of the increase.

Guarantee to pay the levy if a derelict site is not developed

If the local authority believes that you have plans to develop the property, and that you have planning permission for this development, you can agree a bond instead of paying the derelict sites levy.

A bond is a guarantee that is secured with a bank or insurance company, agreeing that all derelict site levies that are due on the property will be paid if the planned scheme is not carried out within 5 years.

Your local authority can buy your derelict site with your agreement or by compulsory purchase. The local authority must:

• Advertise the details of any proposed compulsory purchase in the local newspaper
• Send a notice to the owner or occupier of the land with information about how to object to the compulsory purchase

If the land is dangerous, a notice must be placed on or near the land. This should include that the local authority intends to make a compulsory purchase order.

If you object to the compulsory purchase, the local authority cannot buy the land without the consent of An Coimisiún Pleanála.

If An Coimisiún Pleanála approves the compulsory purchase and the local authority deals with any objections, the local authority can buy the land, using a vesting order.

Compensation for land purchased by compulsory order

If you have a right to or interest in land that has been acquired by a local authority by compulsory purchase, you can apply for compensation. You must do this within 12 months of the local authority acquiring legal ownership of the land.

The local authority will then pay you an amount of compensation equal to the value of the land. This value will be negotiated under the Acquisition of Land (Assessment of Compensation) Act 1919.

If the local authority is owed any money on the property they can subtract this from the compensation. This money could be owed for outstanding derelict sites levies.

If the amount that you owe on the property is more than the agreed compensation, no compensation will be paid.

It is an offence to:

• Remove, damage or deface a notice posted by the local authority about a derelict site.
• Not complete the work the local authority asks you to do to prevent your property from being classed as derelict within the specific time.
• Prevent an authorised person from entering or carrying out authorised business on a derelict site
• Fail to tell the local authority that land or an interest in land has transferred from one person to another. Both people must notify the local authority in writing within 4 weeks of the transfer. This is not an offence if the transfer happens through a will or intestacy.

If a derelict site is transferred through a will or intestacy:

• The new owner must tell the local authority in writing within 6 months.
• The representative of the person under whose will or upon whose intestacy the transfer occurred must notify the local authority in writing within 2 months

Anyone who commits these offences can be prosecuted by the local authority. There are more details about these offences in the Derelict Sites Act 1990.

Fines for derelict site offences

You must pay a fine if you commit any of the offences above.

If you’re found guilty of these offences in the District Court, you can get: 

• A fine of up to €2,500 for the offence
• An extra fine of up to €500 for every day the offence continues
• A maximum total of €2,500 in daily fines on top of the original €2,500 fine
• Up to 6 months in prison

If the court decides, you could be both fined and imprisoned.

If you’re found guilty on indictment of not completing the work on your derelict site that was outlined in the notice from your local authority you can get:

• A fine of up to €55,562.50 for the offence itself
• A fine of up to €4,445 for every day the offence continues
• Up to 2 years in prison

You could be subject to both a fine and imprisonment, if the court decides.

These fines are set in the Derelict Sites Act 1990 and have increased in accordance with the Fines Act 2010. Read more about how fine rates are calculated.