Dáil Éireann Debate, Tuesday - 16 June 2015
776. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the necessary steps to be undertaken by a local authority in declaring and registering a site or property as a dangerous structure; and if he will make a statement on the matter. [23375/15]
View answerThe legislative provisions relating to dangerous structures are set out in the Local Government (Sanitary Services) Act 1964. The Act sets out the powers available to local authorities in relation to dangerous structures. The definition of a “dangerous structure” for the purposes of the Act means "(a) any building, wall or other structure of any kind, or (b) any part of, or anything attached to, a building, wall or other structure of any kind, that, in the opinion of the sanitary authority in whose sanitary district it is situate, is or is likely to be dangerous to any person or property”.
The powers available to local authorities in relation to dangerous structures under the Act are quite broad-ranging and include (i) giving notice to an owner or an occupier of a dangerous structure to carry out such works (including the demolition of the structure or the clearing and levelling of the site) specified in the notice to prevent it from being a dangerous structure, to remove any debris and to erect a wall or barrier between any open area created by the works and any road, street or public place, and to terminate or modify any use of the structure or part of the structure, (ii) carrying out the necessary works itself, (iii) seeking an order from the District Court directing the owner or occupier to carry out the necessary specified works where such works have not been carried out by the owner or occupier, or an authorisation from the District Court to carry out the works itself, and (iv) requiring the occupier of, or any person in, a dangerous structure or its curtilage to vacate the structure.
Any person who contravenes specific provisions of the Act may be prosecuted by the local authority in whose functional area the offence is committed.
