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Just been served a Derelict Sites notice on my home.

  • 21-07-2024 12:49pm
    #1
    Perks
    Registered Users Posts: 66 ✭✭


    At the end of the week out of the blue with no prior communication the Council pasted an A3 and A4 laminated notice to the front wall of my house with the intention to enter my site into the Derelict register within one month.

    It stressed me out and I am still stressed. I removed it at once on seeing it. This morning after cooling down somewhat I learn that I may have committed an offence by removing it.

    On finding the notice I swiftly set time aside and worded an email attaching files from previous electronic comms with my solicitor for the benifit of the Property Management Department. As no email address is publicly available for the department as I am awaiting customer services to furnish no first communication has been sent by me.

    Screen Shot 2024-07-21 at 12.14.02.png

    The notice did not say it is an offence to remove. Should it?

    Why can't a letter be posted as first comms by the Council instead of plastering this news on the front of my house?

    I want a smooth and good relationship with my Council but I do not want this notice on the front of house for a month.

    Advice please.

    I aim to engage with the Council tomorrow morning.



Comments

  • #2
    Deeec
    Registered Users, Registered Users 2 Posts: 5,335 ✭✭✭Deeec


    Do you live in this house or is it vacant?



  • #3
    Perks
    Registered Users Posts: 66 ✭✭Perks


    I sleep and cook in it from time to time. I frequent the property nearly every day as I am carrying out opening up works and structural repairs.



  • #4
    Deeec
    Registered Users, Registered Users 2 Posts: 5,335 ✭✭✭Deeec


    https://www.boards.ie/discussion/comment/122406985#Comment_122406985

    Well you probably need to clarify the situation with the council . They may have a problem with you sleeping there if it is structurally unsound. Did you need planning permission for any works you have carried out.



  • #5
    Tell me how
    Registered Users, Registered Users 2 Posts: 22,074 ✭✭✭✭Tell me how


    Do you trust your solicitor to handle this in its entirety for you and to pay them for doing so?

    If the answer is yes, I'd message them and ask them to get on it and to let you know what you should do with the sign.

    Or, if you're concerned about potential costs or whatever of asking them to do this, as for a phone consult to direct you and then act accordingly.



  • #6
    Clo-Clo
    Registered Users, Registered Users 2 Posts: 5,684 ✭✭✭Clo-Clo


    https://www.boards.ie/discussion/2058360727/just-been-served-a-derelict-sites-notice-on-my-home

    It says it is an offence to remove it and you removed it

    Put it back up or you won#t have a smooth and good relationship.

    They won't just come out and slap it up without previous attempts to contact the owner

    Are you listed as the owner of the property?

    You say it is your house but you are only using it from time to time, the council might have tried to visit to see if anyone in plenty of times and missed you. Is the garden kept? or is it overgrown etc?



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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    https://www.boards.ie/discussion/comment/122406985#Comment_122406985

    Have you submitted a commencement notice? I'm not sure if one is strictly necessary, but it might be if doing structural work.

    It would have also put the council on notice that you are acting on the issues that the building has.



  • #8
    Perks
    Registered Users Posts: 66 ✭✭Perks


    https://www.boards.ie/discussion/comment/122406991#Comment_122406991

    That's a big "if" as nobody has said it is strucurally unsound. All repairs caried out without a need for planning permission.



  • #9
    Perks
    Registered Users Posts: 66 ✭✭Perks


    https://www.boards.ie/discussion/comment/122407047#Comment_122407047

    No previous attempts by Council were made. I check the post daily.

    They did just come out and slap it up to use your expression.

    To answer your question the front garden is kept in that I maintain rubbish. The garden acts as a wind tunnel for rubbish which I collect constantly, I keep a bin inside my front door just for street rubbish. I do let the weeds do their thing, clear path from gate to front door though.



  • #10
    csirl
    Registered Users, Registered Users 2 Posts: 561 ✭✭✭csirl


    Rather than paying solicitors etc., would the best course of action be to complain to the council about why they put a sign on a premises that is in daily use etc.

    Also, put a Freedom of Information request in for all info relating to the premises so you can dfind out how/why it happened.



  • #11
    Clo-Clo
    Registered Users, Registered Users 2 Posts: 5,684 ✭✭✭Clo-Clo


    https://www.boards.ie/discussion/comment/122407215#Comment_122407215

    Contact the council

    Are you listed as the owner?

    I expect someone has put in a complaint by the sounds of it but still the council would contact the owner



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  • #12
    Perks
    Registered Users Posts: 66 ✭✭Perks


    https://www.boards.ie/discussion/comment/122407173#Comment_122407173

    I did not consider doing so.

    In the site notice the Council lists the building as unoccuppied and addresses the previous owner so far from on notice will be introducing myself tomorrow.



  • #13
    FluffPiece
    Registered Users, Registered Users 2 Posts: 382 ✭✭FluffPiece


    Is the property registered to you or the previous owner on land direct?



  • #14
    FluffPiece
    Registered Users, Registered Users 2 Posts: 382 ✭✭FluffPiece


    Also, is it a Section 8.3 Notice or Section 8.7 Notice?



  • #15
    Perks
    Registered Users Posts: 66 ✭✭Perks


    https://www.boards.ie/discussion/comment/122407457#Comment_122407457

    You could be well correct but it may not be my site someone complained about.

    The previous owner divided up the site and the Council have not highlighted the issue so the complaint could be with regard to his newely mapped site which is abundant with overgrowth. It could well be that. It could also be the fact that a section of a demolished(signed off by the Council) house that is still attached to the side of my house and looks unslightly.

    Tomorrow hopefully will tell me what the issue is, it's the should I stick the notice back up prior to meeting with the Council tomorrow or wait and see?



  • #16
    Perks
    Registered Users Posts: 66 ✭✭Perks


    https://www.boards.ie/discussion/comment/122407688#Comment_122407688

    8.2 and it's registered to them, it's pending on LandDirect. I've been waiting nearly a year for the creation of my new folio and it's registration.

    Screen Shot 2024-07-21 at 15.57.30.png



  • #17
    Clo-Clo
    Registered Users, Registered Users 2 Posts: 5,684 ✭✭✭Clo-Clo


    https://www.boards.ie/discussion/comment/122407709#Comment_122407709

    The notice says don't take it down, so I wouldn't take it down to be honest. Take a photo and bring with you



  • #18
    Gooser14
    Registered Users, Registered Users 2 Posts: 1,638 ✭✭✭Gooser14


    https://www.boards.ie/discussion/2058360727/just-been-served-a-derelict-sites-notice-on-my-home

    Are you paying the Local Property Tax on the house?



  • #19
    Perks
    Registered Users Posts: 66 ✭✭Perks


    https://www.boards.ie/discussion/comment/122408495#Comment_122408495

    ALL my affairs are in order unless it's a love affair and then I like to mix it up.

    Thanks to all who entertained my stress today it helped.

    I will put the notice back up Monday morning pre 9am and make contact with the Council re reason soon after.

    I'm not expecting the sign was monitored over the weekend anyway. I didn't know better, the sign did not say do not remove.



  • #20
    Havenowt
    Registered Users Posts: 124 ✭✭Havenowt


    would it be beneficial to have it signed off as derelict? Could you apply for the grant to renovate the house back to livable condition?



  • #21
    Perks
    Registered Users Posts: 66 ✭✭Perks


    @haveno No it would not.

    My reason for posting in Legal Discussion thread is with re site notice ONLY.

    As of this morning I fessed up taking down the sign pleading ignorance to the Council and provided proof that sign is back up.



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  • #22
    FluffPiece
    Registered Users, Registered Users 2 Posts: 382 ✭✭FluffPiece


    https://www.boards.ie/discussion/comment/122407735#Comment_122407735

    Apologies, I meant to ask was it 8.2 or 8.7.

    So with an 8.2, it's just putting the owner on notice that they intend on declaring it derelict. This won't progress once you establish contact with them to clear the air or outline intentions to make the land/property non-derelict. I used to work on derelict sites for a local authority, and once an owner established contact, every effort was made to avoid the property going on the register.

    If it ends up on the register, it will start to incur levies per annum so it's in your interest to get the ball rolling and talk to the team in your LA.



  • #23
    Perks
    Registered Users Posts: 66 ✭✭Perks


    @FluffPiece No worries thanks for the clarity and response.

    That's exactly what I did on the Monday and by lunchtime the Council had agreed the notice could be removed.

    It was in error and the team now know I am very approachable.



  • #24
    FluffPiece
    Registered Users, Registered Users 2 Posts: 382 ✭✭FluffPiece


    Good result. Best of luck with everything else.



  • #25
    Markcheese
    Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭Markcheese


    Did you find out if the notice was for the derelict site next door ? I suppose if the folios havent yet been sorted and yours is the building on the site map then that's where they put the notice ..

    I think I'd be impressed that the council put up the derelict site notice , and would be encouraging them to put one on the vacant site next door , or at the least pass on his details to the council. Better than having a derelict site next to you for years and years

    Glad you got a positive result

    Slava ukraini 🇺🇦



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