Derelict Building

themoone · 07-10-2025 05:56AM #1

We have a structure at the end of our garden, which a while back was used as a commercial property. We have since been able to acquire it and currently use for storage and informed the relevant authorities as such.

Recently we received a letter from the county council informing us that they received a complaint and carried out an inspection and assessed that the building is at risk of becoming derelict and require us to take steps to prevent this and bring the land back into use with a clear time frame.

It has come as a surprise as we were not informed of an inspection and the interior of the structure can not be accessed from the road. Furthermore, the structure is not in disrepair albeit some graffiti that comes back as soon as it is removed. Furthermore we have ESB bills to prove that it is being used although with low usage as it is only used for storage. Any ideas how to address this would be gratefully appreciated.

We have a good idea of the source of the complaint and that the person has been constantly trying to press us into selling the structure along with a huge chunk of the garden at a fraction of the market price and has been harassing us for quite a while.

What.Now · 07-10-2025 06:04AM

I'm no expert but would you need planning permission to change it from commercial to storage and therefore if not being used as commercial could then be deemed not in use leaving it open to getting the tag derelict?

Hannibal_Smith · 07-10-2025 07:02AM

The building isn't classified as derelict yet. If the building is in a bit of a state and could be considered on its way to derelict, follow the steps in the notice to clean it up. If you disagree that it's derelict, respond to the notice setting out why, addressing every issue they've made. They can then revoke the notice if they agree with you. An internal inspection of the building isn't needed. It's how it looks from the outside.

sydthebeat · 07-10-2025 07:13AM

Any ideas how to address this would be gratefully appreciated.

You have already answered this in your post.

we received a letter from the county council informing us that they received a complaint and carried out an inspection and assessed that the building is at risk of becoming derelict and require us to take steps to prevent this

Did the council not list the steps you need to do to prevent this?

If they haven't, ask them.

themoone · 07-10-2025 07:18AM

@Hannibal_Smith Thank you for your response. I hope you dont mind me asking a few things, does the notice have to provide reasons and steps?. There were none in the notice just that there was a complaint, they agree and siting the law and that whatever is the reason (not disclosed) must be addressed along with a time-frame!! and to take steps to reuse the building which is already in use.

themoone · 07-10-2025 07:19AM

@sydthebeat the council only listed the law not the issue and neither the steps. Was not aware they should do so. but thanks for the response.

Dial Hard · 07-10-2025 07:21AM

https://www.boards.ie/discussion/comment/123884757#Comment_123884757

Genuine question, would you not just ring the council and speak to whichever person/department the letter is from and clarify it directly with them??? Surely that would be quicker and easier than asking strangers on the internet who can only speculate.

Hannibal_Smith · 07-10-2025 07:25AM

https://www.boards.ie/discussion/comment/123884757#Comment_123884757

Yes they are supposed to set out steps for you to take to take it out of the condition that it's in. It's supposed to be clear.

You should have 14 days to respond to the notice. Respond to it in writing. By all means give them a call to discuss it, but the Derelict Sites Act says any representations from an owner should be given in writing. So even if you ring them, be sure to follow it with a letter.

ETA - are they specifically saying derelict, or are they saying it's vacant?

themoone · 07-10-2025 07:29AM

@Hannibal_Smith Thank you so much for your response. No issue sited, no steps, no 14 day just saying we have to provide them with time frame. We had intended to respond in writing asking them to clarify but wanted to get a better idea of the does and donts.

Hannibal_Smith · 07-10-2025 07:37AM

https://www.boards.ie/discussion/comment/123884781#Comment_123884781

From your own engineer? No harm I suppose. Though maybe first, before going to that expense, as part of your response ask to see the Council's report so you can see what the issue is. The main thing is to get your representations in to them in writing within fourteen days from the date of the notice.

themoone · 07-10-2025 07:41AM

Thank you so much again. Will do

Buffman · 07-10-2025 08:28AM

'is at risk of becoming derelict' is the important bit OP. You say you informed the 'relevant authorities' of your current use of the property. Presumably this includes the CoCo now writing to you?

Keep your reply straight to the point, something like:

"With regard to your correspondence of 'date' in relation to 'address', we dispute any assertion that the building/site in question is at risk of becoming derelict as it is currently in use by us as informed to 'insert relevant authorities' on 'date'.

If there are any further concerns from 'CoCo' in relation to this matter, or if you require any further information from me, can you please forward same along with any documentation/reports in your possession in relation to this matter onto me."

themoone · 07-10-2025 09:10AM

@Buffman,

Thank you for your response.

You say you informed the 'relevant authorities' of your current use of the property. Presumably this includes the CoCo now writing to you?

Yes, and other relevant bodies like ESB.

The letter says the following "Please confirm in writing to this office your plans for the property to bring it out of dereliction and back into use, along with a timeline of completion". Which is very confusing as the responses I have received say that if there are issues the cc must contact you and set out the issue/issues and means of remedying. But this says "your plans for the property" and that they have decided it is derelict.

We have contacted them in writing as advised to ask for clarification and for them to advise of the issues and means of rectifying this matter.

Will fish out the communication to the cc and the person that came out and the officer that carried out an inspection to deregulate (if that is the correct word) it from commercial.

sydthebeat · 07-10-2025 09:23AM

So the council have already decided it's derelict and not "at risk of becoming derelict" as you stated in your OP.

Read up on dereliction orders, especially if you own local authority has a policy document in this. If you do nothing you could end up paying a monthly fine to the council. Usually a paint job, boarded to windows (painted) and the building made safe will suffice

Buffman · 07-10-2025 11:56AM

Have they added the property to the derelict sites register?

Does anything in the legal definition of derelict site apply to you?

https://www.irishstatutebook.ie/eli/1990/act/14/section/3/enacted/en/index.html

3.—In this section “derelict site” means any land (in this section referred to as “the land in question”) which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of—
(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or
(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or
(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.

If not then I'd ignore any of the stuff about 'Please confirm in writing to this office your plans for the property to bring it out of dereliction and back into use' as you have to refute the allegations of derelicting and any response from you that replies to those requests is essentially you admitting it's derelict.

themoone · 07-10-2025 12:22PM

@Buffman Have they added the property to the derelict sites register?

Not that I can find.

Does anything in the legal definition of derelict site apply to you?

The only possible thing is either the colour of the building is not to someones taste or graffiti that comes back as soon as it is removed. No roof problems, broken windows … etc. building not that old. Also internally, the property has proper shelving for storage of tools and gardening equipment and accessed regularly. So not sure why they claim is unused.

But I do know the neighbour has tried to buy it several times at a huge discount and to irritate us parks his car outside although he has room on his property.

Seems he made a complaint and the cc have blown it out of proportion but from what I have read on Citizen Information. CC sends a letter advising that the property has been designated as derelict and sites the law. Then follow-up with another letter providing information and suggesting remedial action with a timeline. I would have imagined that they would provide information and suggest remedial action first.

Sorry I am so confused.

Buffman · 07-10-2025 12:44PM

Ye, sounds like you need to fight the dereliction designation so.

We have contacted them in writing as advised to ask for clarification and for them to advise of the issues and means of rectifying this matter.

I guess you're going to wait to see what they come back with? If it's not possitve news then might be time to go legal and involve a solicitor.

Report all vandalism to Garda so you have a paper trial from that side of things.

If someone is parking on your private property or blocking your access/drive you can also action that.

Derelict Building

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