Council cannot enter derelict private buildings to inspect them, TD told

The Chief Executive of Cork County Council has said the council has no right to enter derelict buildings to inspect for the presence of deceased persons.

At a recent a Joint Policing Committee meeting, Sinn Féin TD Deputy Thomas Gould asked if the Council had done internal inspections, in conjunction with Gardai, “of all properties on their Derelict Sites Register given the tragic incident uncovered in Mallow?” 

The skeletal remains of Timothy O’Sullivan were found by Council staff in a house in Mallow in January, more than 20 years after he had died. The house was derelict and boarded up and the local authority had secured compulsory order proceedings.

Mr Gould said his worry now is that this might have happened to someone else. 

“Are inspections being done on derelict sites? 

"Is there a building enforcement team which looks after those sites," he asked.

Cork County Council Chief Executive, Tim Lucey said that properties included in the Derelict Sites Register are inspected externally without the necessity for entry. 

The derelict sites legislation does not provide an obligation, nor a legal basis for the Council to enter into private properties for the purpose of the Council exercising its powers under the Act, he said.

“In short, we have neither the right, nor the duty, to inspect those properties internally. A lot of them are private properties and as such we are not at liberty to enter them. 

"Even on the CPO notice, it’s only on the very last day of a CPO notice that we are legally allowed to enter any of those properties. Therefore, they are not being inspected,” said Mr Lucey.