Endagerment of a Protected Structure

Endangerment of a Protected Structure

Owners or occupiers of protected structures are legally required to make sure that the structure does not become endangered through neglect, decay, damage or harm. Generally, if a structure is kept in habitable condition and regular maintenance is carried out (cleaning out gutters, repairing missing slates, repainting external timberwork, etc.), it should not become endangered.

If a protected structure is endangered, the planning authority can serve a notice on the owner or occupier, requiring them to carry out any work that it considers necessary to protect the structure. The work must be done within eight weeks of the date of the notice. The planning authority can also service a notice to require the ‘restoration of character’ of the protected structure. This could include removing, changing or replacing any parts of the structure specified in the notice.

Owners or occupiers can make written representations to the planning authority about the terms of the notice. They may request more time or financial help to comply with the notice. In many cases, they may be eligible for a conservation grant. The planning authority will take these representations into account when making their final decision. Owners and occupiers can appeal against the notice to the District Court within two weeks of their last response from the planning authority, if they are still not satisfied.

If a notice to prevent a structure from becoming endangered has been ignored, the planning authority can take enforcement action. In the case of endangerment or restoration of character notices, the planning authority can carry out the work itself and recover the costs of the work from the owner or the occupier. In exceptional cases, the planning authority may buy the protected structure from the owner, either by compulsory purchase or by agreement. This would only be done if the planning authority considered it the only way to save a protected structure.

Under the Planning and Development Act 2000, there are penalties for owners or occupiers of protected structures who endanger the structure or who fail to carry out work that has been ordered by the planning authority.