Internet site advertising house and castle for sale??

Sligo22

Just came across an online add while researching a later medieval hall house; the advert was basically worded as a farm house the and the castle (hall house) for sale!!
Just wondered what the legislation is regarding built heritage and later medieval buildings? As pre 1700 and an archaeological monument; are they regarded as property of the state also, or does the landowner actually own the building? or would the landowner just be seen as guardian of the monument as with earlier archaeological monuments?
Was just interested to know really!!

Riamfada

Have you a link?

DeepSleeper

Unless it is a National Monument in the Ownership or Guardianship of the State (unlikely - there are less than 1000 of those), then the structure is in private ownership and belongs to the landowner.

That said however, it is almost certainly protected by the National Monuments Act 1930 (as amended 1954, 1987, 1994 and 2004) and so does has a basic level of protection - Like all other monuments listed on the RMP (Record of Monuments and Places) it cannot be interfered with and anybody who proposes to undertake works on/around the monument must notify the authorities well in advance...

You can find county-by-county lists of monuments in State care here...
http://www.archaeology.ie/en/NationalMonuments/SearchByCounty/

If your building isn't listed there as being in State ownership or guardianship, assume it is still protected at a basic level even if in private ownership - that's the status of the vast majority of monuments in Ireland.

Sligo22

http://www.myhome.ie/residential/brochure/shrule-house-and-castle-shrule-co-mayo/1323094

thats the link i dont know how old the advert is though!!

Thanks Just wondered really, was'nt sure how the legislation applied to buildings!!
and its not my building...Pff...i wish...a little out of my undergrad student budget :P

joss2

If the ruin in question is a threat to childrens safety, being close to a house, is there any circumstance in shock it can be made safe or even knocked? What are the consequences of knocking?

DeepSleeper

A monument can be made safe through conservation - this needs to be done with the permission of the National Monuments Service - they will have the final say in what work is done, how it is done and how it is recorded.

Knocking it would lead to prosecution under the National Monuments Act 1930 (as amended in 1954, 1987, 1994 and 2004) - expect a £50000 fine (i.e. the euro equivalent) and/or 5 years in jail.... and don't think about knocking it on the quiet and then saying 'the wind knocked it' - there will be a record of the structure on file (photos, drawings, notes etc) going back over the years and so that won't wash...

Talk to the National Monuments Service if you are concerned about a monument/historic building - without their advice one would be skating on very thin ice...

http://www.environ.ie/en/AboutUs/FormerHeritageFunctions/Archaeology-NationalMonumentsService/

Riamfada

I know of a lovely tower house for sale in kilkenny for 350k. Was 750.

joss2

Ours is a particularly dangerous ruin, two walls exist to approx 30 feet, ivy holding it all together, all corner stones have been stolen over the years before we purchased, all flat faced stones up to 8-10 feet have also been removed, whatever window and arch stones exist on the remaining ruin were also removed before our time, large masonry is falling frequently with changes in weather, winter and summer.

there appears to be precedent for demolition of ruins to be permitted in some circumstance, how could I research this further?

With thanks.

DeepSleeper

Sorry joss, but the idea of legal demolition is so rare as to be almost unheard of. Many years ago a castle in Cork was taken down in advance of the flooding of the Lee Valley for a hydroelectric scheme, but that was only done after an extensive excavation and survey - the report on the site (Castle Inch) was published in the Journal of the Cork Historical and Archaeological Society by E.M Fahy in 1957.

That was so long ago however, that it wouldn't really be considered an appropriate precedent and is offset by the dozens of churches and castles which have been conserved successfully in recent years. The authorities would always argue that a building can be conserved to the benefit of all concerned - the only real issue is who will pay for it! If funds are not available (from local authority, Heritage Council etc), then they would probably suggest you fence off half your garden to keep the children safe...

Check with your local authority - many now have Heritage Officers / Conservation Officers / County Archaeologists and these people should be able to point you towards sources of funding.

http://www.heritagecouncil.ie/county-heritage-services/contacts/heritage-officers/

Some counties also have Field Monument Advisors and it would be good to talk to these people (if there is one in your area).

http://www.heritagecouncil.ie/archaeology/heritage-council-initiatives/field-monument-advisor-scheme/