Dangerous buildings and structures

Dangerous places and structures are areas which are or could be dangerous. Your local authority is responsible for managing dangerous places and structures in your area.

What is a dangerous place?

A dangerous place is somewhere that your local authority believes is, or is likely to be, dangerous for people.

This includes any:

• Excavation
• Quarry
• Pit
• Well
• Reservoir
• Pond
• Stream
• Dam
• Bank
• Dump
• Shaft
• Land

What is a dangerous structure?

A dangerous structure is a structure which your local authority believes is, or is likely to be, dangerous for people or property. This includes any building, wall or other structure. It also covers part of, or anything attached to, a building, wall or other structure.

Your local authority is responsible for dealing with dangerous structures and places in your area. Your local authority can ask the person who owns a dangerous place or structure to make changes to the site to make it safe.

In emergency cases, your local authority will go onto the site and make it safe.

Your local authority can also:

• Prosecute the owner of a dangerous place or structure who does not obey notices about the site
• Purchase land compulsorily
• Complete work on a dangerous site and charge the owner for the cost

This is outlined in the Local Government (Sanitary Services) Act 1964.

If you own a property that has become dangerous, or contains dangerous structures, you must take steps to make it safe.

If a local authority considers a structure dangerous, it can:

• Order you to carry out work immediately to make the structure safe. This can mean demolishing the structure or clearing and fencing off the area. It is an offence not to comply with this order and you may be fined if you don’t comply with it.
• Carry out work itself to make the structure safe. However, it must let you know in advance that they plan to do this.
• Stop anyone from using a dangerous structure. It can direct the occupier to leave and to remove all their belongings. They can also look for a court order to do this, if necessary.

What happens if my local authority forces me to leave a dangerous structure?

If you are living in a building and the local authority decides it is a dangerous structure, they will ask you to leave.

They may provide you with accommodation or financial support, if you are forced to leave because the building has become dangerous. However, this depends on if:

• The local authority believes you are likely to suffer hardship because you have to leave
• You were carrying out a trade or business in the building

How will I know that my place or structure is dangerous?

If you own or live in a dangerous place or structure, you will receive a statutory notice from your local authority. The statutory notice will:

• Inform you that your property has been identified as dangerous
• Tell you what you need you to do to make it safe, or what your local authority plan to do to make it safe

In some circumstances, your local authority may decide to compulsory purchase your dangerous place or structure.

You have the right to respond to any notice that the local authority sends you. You can also object to the compulsory purchase of your site.

Compulsory purchase of a dangerous place or structure

Your local authority can buy dangerous land in its area. This includes land that is no longer dangerous because the local authority has completed work on it. They can do this either by:

• Agreement with the owner
• Compulsory purchase

Your local authority must advertise the details of any proposed compulsory purchase in the local newspaper and send a notice to the owner or occupier of the land, giving information about how and where you can object to the purchase.

For dangerous places, a notice must be posted either on or near the land, giving details of the local authority's intentions.

If somebody objects, 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, the local authority can then buy the land, using a vesting order.

Is there compensation if my land is bought by compulsory order?

You can apply for compensation, if you have any right to, or interest in, land that has been bought by compulsory purchase by a local authority. This must be done within 12 months.

The local authority will then pay you an amount equal to the value of the land. The value of the land will be negotiated under the Acquisition of Land (Assessment of Compensation) Act 1919.

If there is any money due to the local authority for the property, the local authority can subtract this from the compensation. For example, the local authority may be owed the derelict sites levy or a court order for payment.

You will not get any compensation if the amount you owe on the property is more than the compensation that has been agreed.

If your local authority issues you with a statutory notice and you don’t comply with it, you can be fined.

You can also be fined for committing an offence under the Local Government (Sanitary Services) Act 1964, as outlined below.

Offences

It is an offence to:

• Obstruct a local authority when they are carrying out their duty
• Obstruct anyone attempting to comply with the Act
• Fail to do the work the local authority has asked you to do within the timeframe to prevent a structure or place from being classed as dangerous
• Fail to comply with an order of the District Court
• Fail to give information or knowingly give the wrong information to the local authority about who owns a dangerous structure
• Obstruct an authorised officer of the local authority while they are exercising a power outlined in the Act

If you are guilty of any of these offences, you can be fined up to €2,500.

Derelict sites levy

If your derelict site is added to the Derelict Sites Register, you will have to pay a derelict site levy. This levy is 7% of the market value of the land.

You can report dangerous places or structures in your area to your local authority. You can do this by phone or email.

Check your local authority’s website for more information.