By Andy Balfour and Local Democracy Reporter,Andy Balfour, Local Democracy Reporter

Copyright northernirelandworld

Members of September’s Environmental Services Committee were asked to approve council’s draft consultation response to the Dilapidation Bill. The bill would provide councils with a “modern, consistent and fit-for-purpose Northern Ireland-wide enforcement regime to deal with the negative impact of dilapidated and dangerous buildings, which reflects the powers already available to enforcement bodies in the rest of the UK”, an officers’ report stated. “The bill’s other key proposal is to significantly enhance the cost recovery powers available to councils,” the report added. “Making the option of them carrying out the relevant works themselves much more viable.” In their response, members of Causeway Coast & Glens Council Environmental Services Committee welcomed plans to issue fixed penalty notices for owners of dilapidated buildings who fail to comply with a maintenance notice. However, the council argued that the maximum £500 level may be “significantly lower than the actual cost of making good property” and therefore may not provide “sufficient deterrent or incentive to achieve compliance”. The response said: “There is a risk that, irrespective of the notice being paid, the underlying issue could remain unresolved, potentially still necessitating costly and time-consuming court proceedings. “In the event of non-compliance with a maintenance notice, clause 3(1) allows for a council to undertake the works itself. “Council is concerned that this may create an expectation for it to intervene in every instance where an owner fails to act, and potentially assume responsibility for ongoing maintenance thereafter,” it was noted. “The obligation rests with council to pursue cost recovery through the courts; this approach carries inherent financial risks as council may not be able to recover the full costs, or recovery may be significantly delayed. “Council would therefore support a requirement that the court direct the owner to comply with the notice, thereby removing the need for council to consider the cost and expense of undertaking works.” DUP Alderman Mark Fielding welcomed any action that would “expedite improvements” for dilapidated buildings, but agreed that a £500 notice may not be enough to act as a deterrent. He added: “It depends who you’re dealing with; to some developers that £500 is nothing really for them, but if it’s a public body or a community association they maybe more inclined to fix something up. “It has been more punitive, £500 isn’t sufficient, and I agree with officers saying that it’s too low. I also agree [about] the requirement that the court direct the owner to comply with the notice, thereby removing the need for council to consider the cost.” UUP Councillor Richard Holmes said a £500 fixed penalty notice would be “nothing to a developer”. He said: “That £500 would be a long, long way off and I think we’ll probably be sitting here just in and out of court over years to come, arguing over very small amounts of fines.”