Derelict Sites can have a negative impact on the social, economic, commercial and visual aspects of an area and the surrounding neighbourhood. For these reasons, it is important that derelict sites or sites that may become derelict are reported, investigated and restored to a non-derelict condition.
Clare County Council is responsible for dealing with derelict sites in County Clare. The council investigates all reports of dereliction and takes enforcement action in accordance with the Derelict Sites Act 1990. The Act allows local authorities to:
- Include a derelict site on a Derelict Sites Register.
- Serve a notice on the owner and occupier specifying works to be carried out to prevent or stop dereliction or placing the site on the Derelict Sites Register which is available for public viewing.
- Carry out any necessary works themselves and charge the site owner(s) for the cost.
- Acquire a derelict site by agreement or by compulsorily purchase.
- Impose an annual levy on any derelict site in an urban area, based on 7% of its market value.
The act requires local authorities to keep a Derelict Sites Register which includes details and a valuation of each derelict site.
- Derelict Sites Register
- What is a derelict site?
- What if my property is a derelict site?
- How do I provide information on a derelict site in my area?
A full copy of the Derelict Sites Register is available for viewing during office hours from the Economic Development Department, Clare County Council, Áras Contae an Chláir, New Road, Ennis, Co. Clare V95 DXP2.
Under the Derelict Sites Act 1990, a ‘derelict site’ means any land which detracts, or is likely to detract, to a material degree, from the amenity, character or appearance of land in the neighbourhood of the land in question because of the following:
- The existence on the land in question of structures which are in a ruinous, derelict or dangerous condition; or,
- The neglected, unsightly or objectionable condition of the land or any structures on the land in question; or,
- The presence, deposit or collection on the land in question, of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by or under statute or by common law.
Under the Derelict Sites Act 1990, all owners and occupiers of land are required to take all reasonable steps to ensure that their land (including any structures on it) does not become or does not continue to be a derelict site.
In the event that your land is identified as a derelict site or a potential derelict site, Clare County Council will be able to help and advise you in relation to any statutory notices you may have received as well as what works you will need to carry out on the land in order to comply with the law.
If the required works are not carried out within an agreed timeframe, the local authority may include the land on the Derelict Sites Register. Inclusion on the Derelict Sites Register may lead to a derelict sites levy being imposed or in some cases a compulsory purchase of the land may be pursued.
Land owners and occupiers should be aware that under the Derelict Sites Act 1990, it is an offence to:
- Remove, damage or deface any statutory notice posted by the local authority on or regarding a derelict site.
- Fail to carry out the measures required by the local authority to prevent a property from being classed as derelict within an agreed timeframe.
- Fail to notify the local authority of the transfer of land or interest in land (other than by will or on an intestacy) from one person to another. Both parties must notify the local authority in writing within four weeks of the transfer.
- Fail to notify the local authority of the transfer of land or interest in land by will or on an intestacy. The new owner must notify the local authority in writing within six months and the representative of the person under whose will or upon whose intestacy the transfer occurred must notify the local authority in writing within two months.
- Prevent an authorised person from entering or carrying out authorised business on any land for any purpose connected with the Derelict Sites Act 1990. An owner or occupier can make written representations or responses to any statutory notices they receive from the local authority.
If you are unclear on any matter relating to derelict sites, you are advised to contact us directly.
If you wish to speak to somebody about a derelict site in your area please use the contact details provided.
We thank you in advance for your support as we try to address dereliction, vacancy and re-use in your area.
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Page last reviewed: 23/06/20Back to top
Clare County Council
Áras Contae an Chláir