Derelict Sites Act, 1961

Power of local authority to accept offer by owner to carry out works in relation to derelict site.

2.—(1) Where a local authority are of opinion that any land situate in their functional area is a derelict site, they may, if they so think fit, give the owner who occupies or is entitled to occupy the land or from whom the land is held by a person who is not the owner thereof notice in the prescribed form inviting the owner to make an offer, within such period (not being less than one month) as may be specified therein, with respect to the carrying out of works to prevent the land from continuing to be a derelict site or with respect to the future use of the land.

(2) The local authority may, in lieu of adopting any other procedure under this Act in relation to the land, if they think fit to do so, accept an offer from the owner aforesaid that he will, within a specified period, carry out such works or make such use of the land as will, in the opinion of the local authority, prevent the land from continuing to be a derelict site.

(3) If any works which have been specified in an offer which has been accepted by the local authority under this section have not been carried out and the land continues to be, in the opinion of the local authority, a derelict site, the local authority may—

(i) by their servants or agents enter on the land and carry out the works and may claim, by demand in the prescribed form given to the owner aforesaid, the expenses incurred by them under this subsection,

(ii) give a notice under section 3 of this Act in relation to the land, or

(iii) acquire the land under this Act.

(4) A notice under subsection (1) of this section given by a local authority in relation to any land shall include a statement that the local authority are empowered, in order to prevent the land from continuing to be a derelict site, either, as they think fit, to require the owner thereof to carry out appropriate works on the land at his expense or to acquire the land.

(5) Where a demand claiming expenses incurred by a local authority under this section in relation to any land is given in accordance with subsection (3) of this section to the owner aforesaid of the land, the amount of the expenses together with interest, at the rate of five per cent. per annum, from the date when the demand is given until payment, shall, without prejudice to any other method of recovery, be recoverable by the local authority from the owner aforesaid of the land as a simple contract debt in any court of competent jurisdiction.