What obligations fall on owners of Protected Structures?

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.

Under the provisions of 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. It should be noted that the lack of general maintenance and a poor cosmetic appearance do not constitute ‘endangerment’ of a Protected Structure.  The Planning and Development Act 2000 defines endangerment as ‘exposed to harm, decay, or damage, whether immediately or over a period of time, through neglect or through direct or indirect means’.    

What options has the building owner where the application is refused or granted subject to conditions?

There is provision for an appeal to An Bord Pleanála in such cases. The appeal must be lodged within 1 month of the date of the decision on the application –see Part VI of the Building Control Regulations.

appeal, an Bord Pleanala,
What parts of a protected structure must be preserved?

Protected Structure designation aims to preserve all parts of the structure, including its interior, all land around it, and any other structures on that land (including boundaries). The designation also applies to all fixtures and fittings forming part of the interior of a protected structure or of any structure on the land around it.  External boundary walls, for example rubble stone, wrought and cast-iron railings are also included in the designation.

conservation,
What parts of a Protected Structure must be preserved?

Protected Structure designation aims to preserve all parts of the structure, including its interior, all land around it, and any other structures on that land (including boundaries). The designation also applies to all fixtures and fittings forming part of the interior of a Protected Structure or of any structure on the land around it.  External boundary walls, for example rubble stone, wrought and cast-iron railings are also included in the designation.

What projects are eligible for an Environment Grant?

Under grant, applications are invited for any of the following projects;  

  1. purchase of plants or trees for public areas,  

  1. purchase of estate name stones,  

  1. hosting of local environmental talks, workshops or local environmental / climate action campaigns (e.g. anti-litter or waste prevention campaigns),  

  1. purchase of minor non-mechanised equipment to assist with a planting project (e.g. spade, trowel, gloves),  

  1. A combination of the above. 

What projects are eligible?

Projects should seek to demonstrate the delivery of national climate action at local level by including at least one, preferably more, of the following:

  • Reducing greenhouse gas emissions
  • Improving energy efficiency
  • Increasing climate resilience (help adapt to the consequences of climate change)
  • Assisting communities transition to low carbon and sustainable economy

Projects should address at least one, but preferably more than one of the following themes:

  • Community Energy
  • Travel
  • Food and waste
  • Shopping and recycling
  • Local climate and environmental action
What proof of ownership do landlords need to supply?

In order for a HAP payment to be paid into a landlords bank account. HAP need to ensure the landlord receiving the payment is in fact the owner of the property being rented.

There are a number of ways to prove ownership of a property. Listed below are the documents we are allowed to accept as proof of ownership any one of the following.

  • Title deed or similar legal instrument proving ownership of the property                  
  • Current registration letter from the RTB showing the landlords name and the property address. If the house is sub-divided into self-contained flats, each individual flat will need to be registered with the RTB
  • Insurance policy/schedule for the property. (Must be current and in date. We can not accept renewal notices)
  • Mortgage Statement dated within the last 12 months indicating landlord as the owner of the property and indicating the property being rented is in fact the same property on the mortgage statement.
  • Local Property Tax (LPT) statement showing payment, If the house is sub-divided into self-contained flats, LPT must be paid for each individual flat.

Landlords need only provide one of the documents listed above as proof of ownership.

From our experience we have found landlords tend to find the RTB letter or insurance schedule as the easiest to attain

What provision is being made for people with disabilities?

Motorists who display a ‘Parking Card for People with Disabilities’ (EU Blue Card), issued by the Irish Wheelchair Association or legitimate national authority, may park in controlled areas without payment.

disabilities parking
What rent will the Council pay me to lease my property?
The rent equal to 80% of the current market rent.
 
What should a tenant do if they miss a rent payment to HAP?

If for whatever reason, when HAP apply to your bank account for payment and you have insufficient funds in your account to meet the payment.

Don't panic! HAP will retry in three days to collect the monies from your account. (Do not use your payment card in the Post Office to pay until after HAP try a second time to collect the money from your account)

(Should you use your payments card before the second attempt for payment from your bank account, you may double pay for that week.

To avoid disappointment, please ensure you have sufficient funds in your account to meet your payment. 

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