Laws on Derelict Sites Need To Be Strengthened.

Time to update laws on derelict properties- Liam Coyne.
Feb 18th 2016
For immediate release.

The Social Democrat’s candidate for Dublin South Central Liam Coyne says laws concerning derelict properties need to be updated as a matter of urgency.

The issue of derelict properties is something that is frequently being mentioned to him while he and his team have been canvassing  in Dublin South Central.

“Quite a number of people I have spoken to at the doorsteps have raised their concerns about the amount of derelict houses and sites in the constituency.”

“I share their concerns and fully agree something needs to be done to tackle the large number of sites which have not only become eye sores but also have become location where anti-social behaviour takes place.”

The amount of derelict sites is also of concern, and addition funding is needed from the government so that local authorities can take more of these sites into their charge.
In recent months we have even seen squatters take over and occupy vacant, derelict properties at various places around Dublin. This highlights the failure by the authorities to put together a proper plan to acquire derelict properties and have them turned in much needed public housing or amenities.

We in the Social Democrats have made housing one of our cornerstone polices and want to see a national housing authority established as well as have a Minister for Housing at Cabinet level.

Currently Local Council’s are responsible for dealing with derelict sites and according to the Derelict Sites Act 1990, they can force owners to clean up these sites.

Those who don’t comply can be prosecuted in the Courts by Councils which can also buy the sites carry out necessary work themselves and charge the owners for the cost.

The maximum fine if the matter goes before the District Court is €2,500. You could also be sentenced to imprisonment for up to 6 months.  If the matter goes before a higher court the maximum fine that can be imposed is €55,562.50 and or imprisonment for a term not exceeding 2 years.

Given the large number of vacant and derelict sites Liam says that the fines should be increased. The laws should be changed to make it easier for the government and our local authorities to buy or acquire the sites.

Currently the local authority can buy a derelict site in its area, either by agreement with the owner or by compulsory purchase. It must advertise the details of any proposed compulsory purchase and send a notice to the owner or occupier of the land, giving information about how and where to object to the purchase.

If an objection is made, the local authority cannot buy the land without the consent of An Bord Pleanála. If An Bord Pleanála approves the compulsory purchase and the local authority has dealt with any objections received, the local authority can buy the land.

This process needs to be fast tracked and it would be fairer if the laws allowed councils to acquire sites that have been derelict for some time without having to apply to An Bord Pleanala.

The fines could be written off if the owners are willing to transfer the sites into public ownership. There is a right to compensation for those whose sites are acquired, the amount of compensation should be reduced based on the length of time the site is deemed to have been in a poor or derelict condition.

He also said that more resources need to be allocated so local authorities can keep an up to date register of all derelict sites in their respective areas, containing the location of each derelict site, the name and address of the owner and details of any action the local authority has taken about the site.

The register must list details of the current market value of every site listed on it, which is available for public inspection.

Owners of urban land that has been entered into the Derelict Sites Register, you must pay an annual levy to the local authority.

Liam says it would also be beneficial if the current derelict sites levy, which amounts to a 3% of the market value of the land concerned, was increased.

Those who do not pay the derelict sites levy within 2 months of receiving the demand and if you have not reached an agreement with the local authority, interest will be charged on the full amount at a rate of 1.25% a month or part of a month. The interest rate should also be raised, he said.

The Government introduced the 2015 Urban Regeneration and Housing Bill in a new vacant site levy on housing or regeneration lands suitable for housing but not coming forward for development and measures to streamline housing delivery including revisions to social housing and development contributions requirements.

The law also allowed local authorities to retrospectively implement reductions of development charges in respect of existing planning permissions where works have not begun.

Liam said these measures do not go far enough to kick-start house building in Dublin, especially the development of much needed social housing. Social housing and proper community development is an area where the outgoing Government have “failed miserably.”

Ends