Kilkenny County Council
Derelict Sites
The Town Regeneration Office of Kilkenny County Council is responsible for investigating reports of derelict properties in the county and and undertaking action in accordance with the Derelict Sites Act 1990.
What is a Derelict Site?
The Derelict Site Act, 1990 defines a derelict site as any land 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 questions because of the following:
- The existence on the land in question of structures which are in a ruinous, derelict or dangerous condition.
- The neglected, unsightly or objectionable condition of the land or any structures on the land in question.
- 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.
Derelict Sites Register
It is a requirement of the Derelict Sites Act that each Local Authority establishes and maintains a Derelict Sites Register of land within its functional area which is considered derelict.
The full version of Kilkenny County Council's Derelict Sites Register is available at the Planning public counter. A version of the Derelict Sites Register is also available online here: Derelict Sites Register
Derelict Sites Levy
Properties included on the Derelict Sites Register are subject to a derelict sites levy until the property/site is removed from the Derelict Site Register. The levy charged is 7% of the market value of the land.
The owner has the option to appeal the valuation to the Valuations Tribunal within 28 days of receiving a Notice in accordance with Section 22 of the Derelict Site Act, 1990.
If the levy is not paid within 2 months of receiving the notice, and an agreement has not been reached with the local authority, interest will be charged at a rate of 1.25% a month or part of a month.
Offences relating to Derelict Sites
Landowners and occupiers should be aware that under the Derelict Sites Act 1990, it is an offence to:
- Remove, damage or deface any statutory notice posted by the local authority on, or regarding, a derelict site
- Fail to carry out the measures required to prevent a property from being classed as derelict within an agreed timeframe
- Fail to notify the local authority of the transfer of land or interest in land from one person to another. Both parties must notify the local authority in writing within four weeks of the transfer
- Fail to notify the local authority of the transfer of land or interest in land by will or an intestacy. The new owner must notify the local authority in writing within six months and the representative of the person under whose will or upon whose intestacy the transfer occurred must notify the local authority in writing within two months.
- Fail to provide the Local Authority with Information requested under a Section 29(1) Notice.
- Prevent an authorised person from entering or carrying out authorised business on any land for any purpose connected with the Derelict Sites Act 1990.
Compulsory Acquisition of Derelict Properties
Kilkenny County Council is working to tackle vacant and derelict properties across the county. Under the Derelict Sites Act, 1990, a Compulsory Purchase Acquisition (CPA) is a legal tool which may be used by the Local Authority to compulsorily acquire land or property with the aim of returning the property to use.
Additional Information
For more information or to report a derelict property, email derelictsites@kilkennycoco.ie
