The Derelict Sites Act 1990 (the Act) 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. The enforcement and implementation of the provisions of the Act is a matter for individual local authorities.
Local authorities may also use their powers under the Derelict Sites Act 1990 to compulsorily acquire a derelict site for the purpose of rendering it non-derelict and to prevent it continuing as derelict site. This procedure may require consent to be sought by the local authority from An Bord Pleanála for the acquisition of the site.
The Law Reform Commission (LRC) published its report on the Compulsory Acquisition of Land in 2023 including dealing with the valuation process. Given the complexity of this area and the need to review legislative provisions in conjunction with the LRC report, Government agreed that it would be prudent to undertake a comprehensive review of legislative provisions in this area rather than focusing only on the provisions set out in planning legislation. As identified in the Programme for Government (2025), it is intended that compulsory acquisition legislative provisions will be reviewed.
In relation specifically to the Derelict Sites Act, my Department has conducted a review inviting local authorities to make submissions on potential improvements to the legislative provisions and the way they are applied. A focused working group which included nominated staff members from a number of local authorities was subsequently established and discussions on the review are continuing to date.
To assist in bringing vacant or derelict buildings into use, the Planning and Development (Amendment) (No.2) Regulations 2018 , S.I. No. 30/2018 provides for an exemption from the need to obtain planning permission for the change of use of certain vacant commercial buildings, including vacant above ground floor premises, to residential use such as ‘above shop’ living. Related works are subject to condition that they do not significantly affect the appearance of the building or streetscape, do not conflict with an objective in a development plan or local area plan, or with a condition of a permission, and provide a maximum of nine residential units that comply with all floor space requirements and daylight provision to habitable rooms.
The Regulation was revised (as required under Action 22 of the Town Centre First Policy) in 2022 and is now extended up to the end of 2025. It relates to buildings that have a previous use as commercial floorspace including shops and pubs. Returns to my department from the local authorities in relation to the exemption for 2018-2023 indicate that 1,165 development notifications were received from developers for such refurbishments of vacant commercial properties relating to a total of 2,716 potential new homes being provided.
Existing derelict homes may also avail of the extensive works that may be carried out to an existing dwelling under Part 1, Schedule 2 of the Planning and Development Regulations, 2001 (as amended) without a requirement for planning permission. Such works include an extension of the property to the rear, the conversion of existing garage or shed, the creation of a porch, external maintenance and improvement works to the building.
To address the issue of long term vacancy and dereliction, in 2023 a third round of Urban Regeneration & Development Fund (URDF) funding was announced which provided a €150 million revolving fund for local authorities to acquire long term vacant or derelict properties in URDF eligible towns and cities.
Acquired properties are then offered by local authorities for private sale at market value to those who in return will commit to bringing the property back into residential use. Proceeds from the sale of these properties will be used to replenish the fund, allowing a local authority to establish a rolling programme to tackle long-term vacancy and dereliction without a requirement for borrowing and the associated financial risk.
The fund is available to cover the purchase price of properties acquired, along with up to €30,000 for each purchase to cover associated costs, such as acquisition costs, sales costs and any minor works required to make the property more suitable for sale e.g. improving access, tidying up, opening up to facilitate inspections etc.
Purchasers of these properties from the local authority will be able to defray the costs of returning them to use by accessing, subject to eligibility, the Croí Cónaithe Vacant Homes Refurbishment Grant, SEAI energy efficiency grants or the Repair and Leasing Scheme.
At the end of 2024, a total 1,127 residential and commercial properties have been approved under URDF Call 3 by my department for inclusion on the approved programmes for all 31 local authorities.
The various legislative provisions and schemes outlined above support the Government’s Town Centre First Policy, Vacant Homes Action Plan and the National Planning Framework objectives, seeking to provide increased numbers of homes in towns and urban areas where people can live close to local services, amenities and employment.