Derelict Sites Act , 1961

1 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.

2 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.

(2) The local authority may, in lieu of adopting any other procedure under this Act in relation to the land, if they think fit to do so, accept an offer from the owner aforesaid that he will, within a specified period, carry out such works or make such use of the land as will, in the opinion of the local authority, prevent the land from continuing to be a derelict site.

(3) If any works which have been specified in an offer which has been accepted by the local authority under this section have not been carried out and the land continues to be, in the opinion of the local authority, a derelict site, the local authority may—

(i) by their servants or agents enter on the land and carry out the works and may claim, by demand in the prescribed form given to the owner aforesaid, the expenses incurred by them under this subsection,

(ii) give a notice under section 3 of this Act in relation to the land, or

(iii) acquire the land under this Act.

(4) A notice under subsection (1) of this section given by a local authority in relation to any land shall include a statement that the local authority are empowered, in order to prevent the land from continuing to be a derelict site, either, as they think fit, to require the owner thereof to carry out appropriate works on the land at his expense or to acquire the land.

(5) Where a demand claiming expenses incurred by a local authority under this section in relation to any land is given in accordance with subsection (3) of this section to the owner aforesaid of the land, the amount of the expenses together with interest, at the rate of five per cent. per annum, from the date when the demand is given until payment, shall, without prejudice to any other method of recovery, be recoverable by the local authority from the owner aforesaid of the land as a simple contract debt in any court of competent jurisdiction.

3 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.

(2) A notice under this section shall include an estimate of the cost of the works specified in the notice.

(3) Whenever a local authority give a notice under this section to any person, the local authority shall, within fourteen days after giving the notice to the person, post a copy of the notice on or near the land to which the notice relates.

(4) The estimate referred to in subsection (2) of this section and any map or plan contained in or attached to a notice under this section may be omitted from the copy of the notice posted under subsection (3) of this section, but a copy of the estimate and of the map or plan shall be deposited in the offices of the local authority giving the notice and shall there be made available for inspection at reasonable times.

4 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.

(2) Subject to subsection (3) of this section, where a demand claiming expenses incurred by a local authority under this section in relation to any land is given in accordance with subsection (1) of this section to the owner aforesaid of the land, the amount of the expenses together with interest, at the rate of five per cent. per annum, from the date when the demand is given until payment, shall, without prejudice to any other method of recovery, be recoverable by the local authority from the owner of the land as a simple contract debt in any court of competent jurisdiction.

(3) Where the amount of the expenses incurred by the local authority under this section in relation to any works exceeds the amount of the estimate of the cost of the works contained in a notice given under section 3 of this Act or a notice as confirmed by the Minister, as the case may be, the amount of the excess shall not be recoverable by the local authority under this section.

5 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.

(2) In an appeal to the Minister under this section, the Minister may, as he thinks fit, either confirm with or without modification or annul the notice against which the appeal is brought.

(3) An appeal to the Minister under this section may be withdrawn by the person appealing by notice in writing sent to the Minister and, for the purposes of this Act, the withdrawal of an appeal shall be deemed to be the determination thereof, and shall have the same effect as a confirmation by the Minister of the notice appealed against.

6 General power to acquire derelict sites.

6.—A local authority may acquire by agreement or compulsorily any derelict site situate within their functional area.

7 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.

(2) The notices referred to in subsection (1) of this section—

(a) shall be in the prescribed form,

(b) shall, if they do not contain a map or plan of the land to which they refer, state that a map or plan of the land is deposited in the offices of the local authority and is made available for inspection at reasonable times,

(c) shall state that an objection by any occupier or owner of the land to the acquisition of the land may be submitted to the local authority, and

(d) shall state the time within which an objection aforesaid may be submitted to the local authority.

8 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.

(2) An objection to the proposed compulsory acquisition of any land may be withdrawn by the person who submitted it by notice in writing sent to the local authority or to the Minister.

(3) Where in relation to the proposed compulsory acquisition of any land by a local authority an objection is submitted to the local authority in accordance with subsection (1) of this section and is not withdrawn, the land shall not be acquired compulsorily by the local authority without the consent of the Minister.

(4) An application by a local authority for the consent of the Minister to the compulsory acquisition of any land under this Act shall be accompanied by—

(a) a copy of the newspaper containing the notice referred to in paragraph (b) of subsection (1) of section 7 of this Act,

(b) a copy of the notice referred to in paragraph (c) of the said subsection (1),

(c) a copy of the map or plan of the land deposited in pursuance of the said subsection (1), and

(d) a copy of any objection submitted to the local authority in pursuance of this section in relation to the compulsory acquisition and not subsequently withdrawn,

and the local authority shall furnish to the Minister such other information in relation to the compulsory acquisition of the land as the Minister may require.

(5) On an application under subsection (4) of this section in relation to any land referred to in a notice published by a local authority under section 7 of this Act—

(a) if the Minister is of opinion that no part of the land consists of a derelict site, he shall refuse to grant his consent to the compulsory acquisition of the land by the local authority,

(b) if the Minister is of opinion that the whole of the land consists of a derelict site he shall—

(i) in case he is of opinion that the procedure under section 2 or section 3 of this Act is appropriate in relation to the whole of the land, refuse to grant his consent to the compulsory acquisition of the land by the local authority, and

(ii) in case he is of opinion that the procedure aforesaid is appropriate in relation to portion only of the land, refuse to grant his consent to the compulsory acquisition of that portion of the land by the local authority and grant his consent to the compulsory acquisition of the remainder of the land by the local authority, and

(iii) in any other case, grant his consent to the compulsory acquisition of the land by the local authority, and

(c) if the Minister is of opinion that part only of the land consists of a derelict site he shall—

(i) refuse to grant his consent to the compulsory acquisition of the remainder of the land by the local authority, and

(ii) in case he is of opinion that the procedure under section 2 or section 3 of this Act is appropriate in relation to the whole of the part aforesaid, refuse to grant his consent to the compulsory acquisition of the part by the local authority,

(iii) in case he is of opinion that the procedure aforesaid is appropriate in relation to portion only of the part, refuse to grant his consent to the compulsory acquisition of that portion by the local authority and grant his consent to the compulsory acquisition of the remainder of the part by the local authority,

(iv) in any other case, grant his consent to the compulsory acquisition of the part by the local authority, and

(d) notwithstanding anything contained in the preceding part of this subsection, if the Minister is of opinion that the provisions of section 7 of this Act have not been complied with by the local authority in relation to the land or any part thereof, he shall refuse to grant his consent to the compulsory acquisition of the land or the part, as the case may be, by the local authority.

(6) The Minister may adjourn consideration of an application (including an application the consideration of which has already been adjourned under this subsection) in relation to the proposed compulsory acquisition of land for such period as he considers reasonable in order to enable the person by whom the objection in relation to the acquisition was submitted to prevent the land from continuing to be a derelict site.

9 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.

(2) Where a local authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the local authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) Whenever a local authority make a vesting order, they shall within fourteen days after making the order—

(a) in case all the land comprised in the vesting order is in the same ownership, post a notice containing a copy of the order on or near the land and, in any other case, post such notice on or near the land of each owner, and

(b) give a copy of the order to every (if any) occupier of the land and to 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.

10 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.

(2) Notwithstanding anything contained in subsection (1) of this section, where a local authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the local authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the purchase annuity, payment in lieu of rent or annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the local authority by the owner thereof on that date.

(3) When a local authority make a vesting order in relation to any land, they shall send the order to the registering authority under the Registration of Title Acts, 1891 and 1942, and thereupon the registering authority shall cause the local authority to be registered under those Acts as owner of the land in accordance with the order.

11 Compensation.