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Derelict Sites

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Derelict Sites Law

The Derelicts Sites Act 1990 is a very powerful piece of legislation that gives Local Authorities wide powers to deal with any kind of property that they formally deem to be a derelict site.

Once common misconception is that the property must have a derelict building on it to be formally deemed derelict. This is not the case. Open land without a building can also be deemed to be a derelict site.  Limerick City and County Council currently have an active policy of identifying properties in Limerick City and County that they deem to be derelict sites and taking various legal actions against owners and occupiers.

If you are the owner or occupier of a property that has come to the attention of Limerick City and County Council, or indeed any other local authority,  under this legislation it is important that you see a solicitor who is familiar with it to fully protect your rights.

We in Martin Tynan O'Donovan Solicitors have a particular expertise in this area and we are already instructed by numerous clients whose properties are at various stages of the process from the initial Service of Notices right up to claims for compensation in cases where the local authority have proceeded to compulsorily acquired the site.

We will liaise if necessary with experienced valuers, engineers and architects to formulate your best response to the local authority’s notices.

If you receive any document by way of a Derelict Sites Act  notice by registered post, by hand or even if you find one attached to your property, it is important that you take legal advice at the earliest possible opportunity. You could lose your property without compensation.

If you have any plans or proposals in contemplation or preparation to redevelop the site, they can be brought forward at this time and they may have the effect of setting aside the County Council's take-up of the site under The Derelict Sites Act. If you have any Title difficulties such as Lost Title Documents or Unadministered Estates etc., it is extremely important that you take a solicitor’s advice immediately to help you if the City and County Council have begun the Derelict Sites Act process.

Further legal issues may arise if the property is a Protected Structure, or if it represents habitat for legally protected wild mammals such as bats, which is quite a common occurrence in older buildings.

Get in touch with us today to see how we can help you.

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