New bill to tackle Cork dereliction 

A new bill to tackle dereliction brought forward by a Cork TD has revealed the full scale of legal and technical challenges in trying to resolve Cork’s dilapidated properties, The Echo has learned.

SF TD for Cork North Central, Thomas Gould, launched the Derelict Sites (Amendment) Bill 2022 in the Dáil on Wednesday. However, Mr Gould’s constituency colleague, FG TD Colm Burke, said there are complex legal and constitutional matters to consider, while FF TD Padraig O’Sullivan says the Government has already introduced measures to tackle this issue.

The Bill would see local authorities who fail to collect 75% of the Derelict Sites Levies owed to them, responsible for publishing a report that will outline why these levies aren’t being collected and how they will be collected.

Mr Gould said: “The Derelict Sites Act was introduced in 1990. A key tool in this Act is the Derelict Sites Levy. It’s not an optional tax. It is supposed to be a fine paid by land hoarders for leaving homes to rot. There are properties that have been on the Derelict Sites Registers since they were established. We are talking about properties that have sat on registers, sat empty and rotting, for at least 32 years.

“We have seen huge progress in Cork City’s collection of the levy. We’re still not there but working with people like Jude Sherry and Frank O’Connor, we are starting to make a difference.

“But the reality is that there is still €12m in untapped revenue in this State. If local authorities collected the full levy, this additional money could be transformative. We are in the middle of a housing crisis. There has never been a good time to let houses rot. But leaving them to rot in the middle of a Housing Crisis is morally wrong and needs to be punished,” said Mr Gould.

Mr Burke is a Solicitor with knowledge of property law and more than 25 years’ experience in Conveyancing. He told The Echo that many derelict sites are attached to other sites making them difficult to develop on their own. He has come across numerous properties which no bank will give a loan on due to defective titles, meaning ownership is unclear. The site cannot be re-developed until the title is resolved, a process that can take over 12 years.

People who have had title difficulties can go to the City Council, which can issue a dereliction notice for that property. “They then perfect the title and sell it back to us. That mechanism can be used to perfect the title,” he said. Mr Burke said he knew of one family occupying a property in Cork city for over 100 hundred years which has no title on it. “You can’t fast track it.” 

In cases where a company is struck off, the land can revert to State ownership. “No bank will give you a loan on a defective title unless you have at least 75 years to run on the lease. If you have less than that, you have to go away and buy out the free-hold interest.” 

“You have to show to the County Registrar that you have served all of these parties.” Buying out the free-hold interest can present even more legal and financial challenges, said Mr Burke. Another option is for the County or City Council to compulsorily purchase (CPO) the site, but there are constitutional articles protecting landowners’ rights.

Mr O’Sullivan said the Croí Cónaithe (Towns) Fund Scheme was launched in July and will allow first – time buyers to purchase a derelict or vacant property and turn it into a home without the need for planning permission, “an initiative which was strongly criticised and opposed by Sinn Féin”.

“The Minister for Housing and the Department are also in the process of drafting new measures on a local authority led programme to help local authorities buy or compulsorily purchase vacant homes which can be sold on the open market and will ensure homes do not lie vacant. It is anticipated that all local authorities will acquire at least 2,500 vacant units and present these to the market by 2026.

“I understand that these measures are being finalised and will be published over the coming weeks,” added Mr O’Sullivan.