The Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site. Local authority powers include requiring owners or occupiers to take appropriate measures on derelict sites; acquiring derelict sites by agreement, or compulsorily; and applying a derelict sites levy on derelict sites.
It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.
My Department launched a new CPO Activation Programme in April 2023. It provides for a planned, systematic and proactive approach to bringing vacant and derelict properties into use. Targets have been set for each local authority for the number of identified vacant and derelict properties to enter the Programme and for properties to enter the compulsory acquisition process. The Programme includes guidance and supports for local authorities to actively use their legislative powers to acquire vacant and derelict properties, where engagement with owners has been unsuccessful.
The main steps of the Programme include:
• identification of vacant and derelict properties,
• identification of and engagement with owners,
• communication regarding the various schemes and measures which are now in place to support bringing the property back into use, and
• where owners of vacant and derelict properties cannot be identified or where they are unwilling to engage, use of available legislative powers to compulsory purchase such properties.
Local authorities can compulsorily acquire a property using either the compulsory purchase powers contained within the Housing Act, 1966 and complementary Planning and Local Government legislation, or by carrying out compulsory acquisitions under the Derelict Sites Act, 1990. The guidance issued by my Department as part of the CPO Activation Programme supports local authorities in using their legislative powers.
Overall, there is a target of 4,000 properties entering the Activation Programme in 2023. These are based on levels of vacancy in the local authority area. Of these, a target of 400 has been set for properties to enter the compulsory acquisition process, where engagement with the owner has not resulted in the vacant or derelict property being brought back into use, to be subsequently used for social housing or made available for sale on the open market.