Derelict Sites Act, 1961
What is this act about?
This law allows local authorities to deal with neglected or dangerous properties, called "derelict sites," either by requiring owners to fix them or by acquiring and improving them. Its main goal is to prevent these sites from being harmful to health or the appearance of the neighborhood.
Who it applies to: Local authorities (councils of counties, corporations of boroughs, or councils of urban districts); Owners of land that is considered a derelict site.
At a glance
- Country
- Ireland
- Area of law
- Health and pharmaceutical law
- Articles
- 24
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The definition of a "derelict site."
- The power of local authorities to ask owners to carry out works on derelict sites.
- The ability of local authorities to carry out works themselves if owners do not comply, and to recover expenses.
- The process for local authorities to acquire derelict sites, including compulsory acquisition.
Who does this act apply to?
- Local authorities (councils of counties, corporations of boroughs, or councils of urban districts).
- Owners of land that is considered a derelict site.
What are the key points?
- A "derelict site" is land with ruinous, dilapidated, or dangerous buildings (not used as dwellings) or no buildings, which is or is likely to become injurious to health or amenities due to its condition or deposited materials.
- Local authorities can invite owners to offer to carry out works or use the land to prevent it from being derelict within a period of not less than one month.
- If an owner does not comply with an accepted offer, the local authority can carry out the works and claim expenses, issue a formal notice, or acquire the land.
- Local authorities can issue a notice requiring an owner to carry out specified works within a reasonable time, not less than one month, to prevent the land from being or becoming a derelict site.
- Owners can appeal a notice to the Minister within one month.
Health and pharmaceutical law
Legal text
Legal text
Derelict Sites Act, 1961 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1961 Derelict Sites Act, 1961 Derelict Sites Act, 1961 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 3 of 1961.
DERELICT SITES ACT, 1961.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Power of local authority to accept offer by owner to carry out works in relation to derelict site.
Section 3
Power of local authority to require owner to carry out works on derelict site.
Section 4
Enforcement of notice under section 3.
Section 5
Appeal against notice under section 3.
Section 6
General power to acquire derelict sites.
Section 7
Notice of intention to acquire derelict site compulsorily.
Section 8
Objection to compulsory acquisition of derelict sites.
Section 9
Vesting order.
Section 10
Form and effect of vesting orders and registration of title acquired thereunder under the Registration of Title Acts, 1891 and 1942.
Section 11
Compensation.
Section 12
Improvement of land acquired under this Act.
Section 13
Use of land acquired under this Act.
Section 14
Application of sum received from sale or lease of land acquired under this Act.
Section 15
Power to require information as to ownership of land.
Section 16
Inspection of land.
Section 17
Penalty for obstruction of exercise of powers under this Act.
Section 18
Giving of documents under this Act.
Section 19
Regulations.
Section 20
Saving for national monuments.
Section 21
Expenses of councils of counties.
Section 22
Expenses of the Minister.
Section 23
Repeal.
Section 24
Short title and commencement.
Acts Referred to Acquisition of Land (Assessment of Compensation) Act, 1919 1919, c. 57 Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50 Towns Improvement (Ireland) Act, 1854 1854, c. 103 Number 3 of 1961.
DERELICT SITES ACT, 1961.
AN ACT TO PROVIDE FOR THE ACQUISITION OF DERELICT SITES BY LOCAL AUTHORITIES, TO ENABLE LOCAL AUTHORITIES TO REQUIRE THE EXECUTION OF WORKS ON DERELICT SITES BY THE OWNERS AND, IN CERTAIN CIRCUMSTANCES, TO EXECUTE WORKS ON DERELICT SITES AT THE EXPENSE OF THE OWNERS, TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND TO REPEAL THE ACQUISITION OF DERELICT SITES ACT, 1940. [15th February, 1961.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.
1.—In this Act— “local authority” means a council of a county, a corporation of a county or other borough or council of an urban district; “the Minister” means the Minister for Local Government; “owner” means any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of the land in relation to which the said word is used or of any term of years for the time being subsisting in respect of the land of which the unexpired residue exceeds one year; “derelict site” means any land— (a) (i) on which either there are no buildings or all the buildings (other than sheds, huts and other temporary structures) are in a ruinous, dilapidated or dangerous condition and none of the buildings is being used as a dwelling, and (ii) which is or is likely to become injurious to health or to the amenities of the neighbourhood by reason of its objectionable or neglected condition or by reason of the deposit or collection thereon of debris, rubbish or insanitary material, or (b) consisting of— (i) buildings (which are not being used as dwellings) and the sites thereof, means of access thereto and any yards and gardens attached thereto, or (ii) walls (and the sites thereof), which are in a ruinous, dilapidated or dangerous condition; “prescribed” means prescribed by regulations made by the Minister under this Act.
Power of local authority to accept offer by owner to carry out works in relation to derelict site.
2.—(1) Where a local authority are of opinion that any land situate in their functional area is a derelict site, they may, if they so think fit, give the owner who occupies or is entitled to occupy the land or from whom the land is held by a person who is not the owner thereof notice in the prescribed form inviting the owner to make an offer, within such period (not being less than one month) as may be specified therein, with respect to the carrying out of works to prevent the land from continuing to be a derelict site or with respect to the future use of the land.
Power of local authority to require owner to carry out works on derelict site.
3.—(1) Where a local authority are of opinion that any land situate in their functional area is a derelict site, they may, if they so think fit, give the owner who occupies or is entitled to occupy the land or from whom the land is held by a person who is not the owner thereof a notice in the prescribed form requiring him within such reasonable time, not being less than one month, as may be specified in the notice, to carry out such works specified in the notice as will, in the opinion of the local authority, prevent the land from being or becoming again a derelict site and the owner, his servants and agents may enter the land and do the work required to be done by the notice, or by the notice as confirmed by the Minister, as the case may be.
Enforcement of notice under section 3.
4.—(1) If a notice under section 3 of this Act is not complied with and the land to which it refers continues to be, in the opinion of the local authority by whom the notice was given, a derelict site— (a) the local authority shall, by their servants or agents, after the expiration of the time specified in the notice or, if the notice has been confirmed by the Minister on appeal, after the expiration of the like time after the determination of the appeal as is specified in the notice or of such longer time as may be fixed by the Minister, enter on the land and carry out the works required to be carried out by the notice, or by the notice as confirmed by the Minister, as the case may be, and (b) subject to subsection (3) of this section, the local authority may claim from the owner who occupies or is entitled to occupy the land or from whom the land is held by a person who is not the owner thereof, by demand in the prescribed form given to such owner, so much (if any) of the expenses incurred by the local authority under this section as they think fit.
Appeal against notice under section 3.
5.—(1) Any person aggrieved by a notice under section 3 of this Act may, within one month after the date of the giving of the notice, appeal to the Minister and no proceedings shall be taken by the local authority by whom the notice was given to enforce the notice before the appeal has been determined.
General power to acquire derelict sites.
6.—A local authority may acquire by agreement or compulsorily any derelict site situate within their functional area.
Notice of intention to acquire derelict site compulsorily.
7.—(1) A local authority intending to acquire any land compulsorily under this Act as a derelict site shall— (a) deposit in their offices a map or plan of the land and keep the map or plan open for inspection at reasonable times, (b) publish a notice stating their intention to acquire the land compulsorily under this Act in a newspaper circulating in the district, (c) in case all the land comprised in the derelict site is in the same ownership, post a notice stating their intention to acquire the land compulsorily on or near the land, and, in any other case, post such notice on or near the land of each owner, and (d) give a copy of the notice referred to in paragraph (c) of this subsection to— (i) every (if any) occupier of the land, and (ii) every (if any) owner of the land, whose name and the address at which he ordinarily resides can be ascertained by the local authority by reasonable inquiries.
Objection to compulsory acquisition of derelict sites.
8.—(1) The occupier or any owner of land in respect of which a notice under paragraph (b) of subsection (1) of section 7 of this Act has been published by a local authority may, within one month after the date of the publication of the notice submit to the local authority an objection to the proposed compulsory acquisition referred to in the notice.
Vesting order.
9.—(1) Where, in relation to any land in respect of which the provisions of section 7 of this Act have been complied with by a local authority— (a) no objection is submitted to the local authority in accordance with section 8 of this Act, (b) any objection which is submitted as aforesaid is subsequently withdrawn, (c) the Minister gives his consent to the compulsory acquisition thereof by the local authority, or (d) at any time, not being less than three months after— (i) the making of an order by any court for the payment of a sum due to the local authority under section 2 or section 4 of this Act, or (ii) in the case of an appeal against the order aforesaid, the final determination of the appeal, any sum (including any sum in respect of costs) remains due to the local authority on foot of the order aforesaid, the local authority may by order (in this Act referred to as a vesting order) acquire the land.
Form and effect of vesting orders and registration of title acquired thereunder under the Registration of Title Acts, 1891 and 1942.
10.—(1) Every vesting order by which a local authority acquire any land shall be in the prescribed form and shall be expressed and shall operate to vest the land in the local authority in fee simple free from incumbrances and all estates, rights, titles, and interests of whatsoever kind on a specified date not earlier than seven days after the making of the order.
Compensation.
11.—(1) Where, immediately before a vesting order is made by a local authority, any person has any estate or interest in or right in respect of the land acquired by the order, the person may apply to the local authority not later than twelve months after the making of the order for compensation in respect of the estate, interest, or right, and the local authority shall, subject to subsection (3) of this section, thereupon pay to the person by way of compensation an amount equal to the value (if any) of the estate, interest or right.
Improvement of land acquired under this Act.
12.—Whenever a local authority have acquired any land under this Act, they shall with all convenient speed take such steps as may be necessary to prevent injury to health or to the amenities of the neighbourhood being occasioned by the land and for that purpose may clear, level, drain, fence and otherwise improve and develop the land.
Use of land acquired under this Act.
13.—(1) A local authority may use any land acquired by them under this Act for any purpose connected with their powers and duties.
Application of sum received from sale or lease of land acquired under this Act.
14.—Every sum received by a local authority in respect of the sale or lease of land acquired by them under this Act shall be applied by the local authority for the purpose of their powers and duties in such manner as the local authority, with the consent of the Minister, think proper.
Power to require information as to ownership of land.
15.—A local authority may, for the purpose of enabling them to ascertain the ownership of any land which, in their opinion, is a derelict site, give any person who is the occupier of the land or who, either directly or indirectly, receives rent in respect of the land, a notice in the prescribed form requiring him to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner in fee simple, mortgagee, lessee or otherwise, and any person who, having been required by a local authority by a notice in writing given in pursuance of this section to give to them any information, fails to give them that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Inspection of land.
16.—(1) A person appointed by the Minister or by a local authority to be an authorised officer for the purposes of this Act may— (a) in case he is appointed by the Minister, enter and inspect any land, and (b) in case he is appointed by a local authority, enter and inspect any land in the functional area of the local authority, for the purposes of obtaining any information which the Minister or the local authority, as the case may be, may require for the purposes of this Act.
Penalty for obstruction of exercise of powers under this Act.
17.—A person who obstructs or interferes with the exercise by a local authority of any power vested in them under or by virtue of this Act shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding five pounds.
Giving of documents under this Act.
18.—(1) Where any document is required or authorised by this Act to be given by a local authority to a person, the document shall be addressed to the person and shall be given to him in one of the following ways, that is to say: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides; (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he ordinarily resides.
Regulations.
19.—(1) The Minister may make regulations prescribing forms for use under this Act.
Saving for national monuments.
20.—Nothing in this Act shall restrict, prejudice, or affect the powers or duties of the Minister for Finance, the Commissioners of Public Works in Ireland, or any local authority under the National Monuments Acts, 1930 and 1954, in relation to national monuments as defined by those Acts or any particular such monument.
Expenses of councils of counties.
21.—Where expenses are incurred under this Act by the council of a county the expenses shall be charged equally over the whole of the county health district of the county.
Expenses of the Minister.
22.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeal.
23.—The Acquisition of Derelict Sites Act, 1940, is hereby repealed.
Short title and commencement.
24.—(1) This Act may be cited as the Derelict Sites Act, 1961.
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais