Under Sections 2 and 3 of the Local Government (Sanitary Services) Act 1964, the Council is entitled to serve Notice on property owners, where in the opinion of the Council a property is dangerous, requesting them to carry out remedial action to make the property safe. Failure to comply with the Notice can result in the matter being referred to the Courts.
Definition of a Dangerous Structure or Place
What is a dangerous structure?
The Local Government (Sanitary Services) Act, 1964 defines a dangerous structure as:
- Any building, wall or other structure of any kind or
- Any part of, or anything attached to a building, wall or other structures of any kind that, in the opinion of the sanitary authority in whose sanitary district it is situate, is or is likely to be dangerous to any person or property.
The Act imposes duties on the Local Authority to:
- Maintain a Dangerous Structures Register.
- Make the Register available for public inspection.
- Serve a Notice on the owner/occupier specifying works to be carried out within a specified timescale
Regulations Regarding Dangerous Structures
There are specific regulations about dangerous structures. The local authority can direct that work (including the demolition of the structure and the clearing of the site) be carried out immediately if it considers it necessary. It may also require that all use of the dangerous structure be stopped. In certain cases, the local authority can direct the occupier of a dangerous structure to leave and remove all his or her property. This is done in the interests of the occupier's safety.
The owner is required by law to make sure your property does not contain any dangerous structures. If it does, he/she must take steps to remedy the situation. Otherwise, he/she is liable for prosecution by your local authority.
The Council is empowered to deal with structures or places which are a danger or likely to be a danger to the public.
In cases of emergency the Council is empowered to render such properties safe.
A notice may be served on the owner requiring works to be carried out to prevent the structure or place from being dangerous. The Council may also carry out such works itself, and recover the costs from the owner.
Comprehensive powers of enforcement can be exercised by this Section under the Local Government Acts. When Tipperary County Council becomes aware of any structure (or place) that is or is likely to become dangerous an Inspector from the Environment Section carries out an investigation, the ownership is established and the owner is written to. Appropriate action is then taken to eliminate the danger.
To report a dangerous Structure or Place:
If you have a query relating to a Dangerous Structure or place please contact the Environment Section.
By phone: 0761 065000
By email: firstname.lastname@example.org
By Post: Tipperary County Council, Civic Offices, Nenagh or Civic Offices, Emmet Street, Clonmel.
In Person: At our offices in Nenagh and Clonmel