No. 3/1961:

DERELICT SITES ACT, 1961

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Power of local authority to accept offer by owner to carry out works in relation to derelict site.

3 Power of local authority to require owner to carry out works on derelict site.

4 Enforcement of notice under section 3.

5 Appeal against notice under section 3.

6 General power to acquire derelict sites.

7 Notice of intention to acquire derelict site compulsorily.

8 Objection to compulsory acquisition of derelict sites.

9 Vesting orders.

10 Form and effect of vesting orders and registration of title acquired thereunder under the Registration of Title Acts, 1891 and 1942.

11 Compensation.

12 Improvement of land acquired under this Act.

13 Use of land acquired under this Act.

14 Application of sum received from sale or lease of land acquired under this Act.

15 Power to require information as to ownership of land.

16 Inspection of land.

17 Penalty for obstruction of exercise of powers under this Act.

18 Giving of documents under this Act.

19 Regulations.

20 Saving for national monuments.

21 Expenses of councils of counties.

22 Expenses of the Minister.

23 Repeal.

24 Short title and commencement.

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:—

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 mortgage 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.—(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.—(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.—(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 (8) 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 8 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.—(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.—A local authority may acquire by agreement or compulsorily any derelict site situate within their functional area.

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.—(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.—(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.—(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 he 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.—(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.

(2) The compensation to be paid by a local authority under this section in respect of any estate or interest in or right in respect of land shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended, but the amount of the compensation shall, subject to subsection (3) of this section, on such arbitration, be determined in accordance with the Rules contained in Part I of the Third Schedule to the Housing (Miscellaneous Provisions) Act, 1931 .

(3) Where, after the making of a vesting order by a local authority under this Act in relation to any land, any sum (including any sum for costs) remains due to the local authority by any person on foot of an order of any court for payment of an amount due to the local authority under section 2 or section 4 of this Act—

( a ) if the sum aforesaid is less than the amount of the compensation payable to the person under this section, the amount of the compensation shall be reduced by the amount of the sum, and

( b ) if the sum aforesaid is not less than the amount of the compensation aforesaid, the compensation shall not be payable.

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.

13.—(1) A local authority may use any land acquired by them under this Act for any purpose connected with their powers and duties.

(2) Where the whole or any part of any land acquired under this Act is at any time not required by the local authority by whom it was acquired, the local authority may, with the consent of the Minister, sell, let or exchange the whole or that part (as the case may be) of the land.

(3) ( a ) Where a local authority acquire any land under this Act, the local authority may, with the consent of the Minister, by order transfer the land to another local authority or, if the land is situate in a town having Town Commissioners under the Towns Improvement (Ireland) Act, 1854, to the Commissioners of the town and the order shall operate in accordance with its terms as a conveyance of the land but shall not require to be stamped as a conveyance or transfer of property,

( b ) A transfer shall not be made under this subsection without the consent of the local authority or of the Commissioners to whom it is proposed to make the transfer,

(4) Where any land is transferred under subsection (3) of this section, subsections (1) and (2) of this section and the next following section shall apply and have effect as if the local authority or Commissioners to whom it is transferred were a local authority who had acquired the land 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.

15.—A local authority may, for the purpose of enabling then 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.

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.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) An authorised officer shall be furnished by the Minister or the local authority, as the case may be, with a certificate of his appointment as an authorised officer and when exercising any power conferred by this Act shall, if requested by any person affected, produce the certificate to the person.

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.

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.

(2) For the purpose of giving, in pursuance of this Act, a document to a company registered under the Companies Acts, 1908 to 1959, the company shall be deemed to be ordinarily resident at its registered office.

(3) For the purpose of giving, in pursuance of this Act, a document to a corporate body (other than any such company as is mentioned in subsection (2) of this section) or to an unincorporated body, the body shall be deemed to be ordinarily resident at its principal office or place of business.

19.—(1) The Minister may make regulations prescribing forms for use under this Act.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

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.

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.

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.

23.—The Acquisition of Derelict Sites Act, 1940 , is hereby repealed.

24.—(1) This Act may be cited as the Derelict Sites Act, 1961 .

(2) This Act shall come into operation on such day as the Minister appoints by order.