On 23 June 2025, the Minister for Agriculture, Environment and Rural Affairs, Andrew Muir MLA, formally introduced his renewed ‘Dilapidations Bill’ before the Northern Ireland Assembly. According to Muir, the ‘Dilapidations Bill’ is set to tackle the rising issue of dilapidated buildings and neglected sites across Northern Ireland in order to ‘ensure local people can live and work in attractive neighbourhoods and benefit the associated investment in the area that can come as a result’.

The topic had previously been considered by the Department of Agriculture, Environment and Rural Affairs (“DAERA”) on several occasions, with a public consultation having been held as far back as 2016. More recently, the topic had been broached in 2021, following reports of masonry falling from abandoned commercial premises in Belfast City Centre, alongside the rapid increase in the number of historic buildings on the ‘Heritage at Risk in Northern Ireland Register’. However, for various reasons, the legislation has not progressed to date.  

When proposing the introduction of the Dilapidations Bill before the Assembly, Muir emphasised his commitment to the introduction of new offences and powers for district councils to serve notices, enforce penalties, and recover costs incurred in the repair of dilapidated or neglected buildings and sites from those responsible, including owners and occupiers. Consequently, the Dilapidations Bill is set to raise concerns for owners and occupiers of commercial sites and properties within Northern Ireland.

What is the current legal framework in regards to dilapidations?

Currently, the majority of legislation relating to neglected and dilapidated buildings in Northern Ireland dates back as far as the 19^th century and specifically relates to ‘statutory nuisances’ which pose a threat to public health by causing disease or medical conditions. Notably, the current legislative framework excludes risks of physical injury and cannot be exercised in respect of listed buildings.

Under Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (the “Clean Neighbourhoods Act”), district councils have a duty to inspect sites or premises where a statutory nuisance is suspected to exist, or where statutory nuisance is likely to occur and may serve notices requiring the abatement and/or remedy of such nuisance within a specified timeframe on any of the following:

• The individuals responsible for causing the nuisance;
• Where the nuisance arises specifically from a defect in structural character of the premises, the owner of the premises; or,
• Where the responsible persons cannot be found, or the nuisance has not yet occurred, the owner or the occupier of the premises.

Failure to comply with an abatement notice concerning business premises will result in the relevant person being liable on summary conviction for a fine of up to £20,000.

Furthermore, pursuant to Article 65 of the Pollution Control and Local Government (Northern Ireland) Order 1978, where compliance with the process outlined above would cause unreasonable delay, district councils are empowered to serve an abatement notice on the relevant person stating that the council intends to remedy the defect and shall be entitled recover the expenses reasonably incurred in doing so, unless the relevant person responds within 7 days of service of such notice confirming that they intend to remedy the defect themselves.

Due to the limited circumstances in which these enforcement powers may be exercised, these provisions are rarely used successfully and, in any event, fail to address the growing concerns regarding the risk of physical injury posed to the public and the negative impact that dilapidated premises have on investment and tourism across Northern Ireland.

What is the Dilapidations Bill set to change?

Whilst it will likely be subject to further scrutiny and amendment as it passes through the Assembly, the Dilapidations Bill (as introduced) largely mirrors the feedback given in the 2016 public consultation. On this basis, it is anticipated that certain provisions shall be introduced to bring Northern Ireland’s legislative position in respect of dilapidations closer in line with that which exists in England and Wales under the Building Act 1984.

In general, the Dilapidations Bill is set to introduce the following provisions within Northern Ireland:

• The extension of district councils’ powers to compel the remedy of, or recover reasonable damages incurred in remedying premises posing statutory public health nuisances, to also cover buildings which risk physical injury;
• The extension of district councils’ powers to recoup the costs of remedying defective premises from persons holding a ‘financial interest’ in the property, such as financial institutions holding legal charges such as mortgages over them (particularly where the relevant property has been ‘repossessed’);
• Powers whereby district councils may, in urgent circumstances, act to rectify defective premises without the need to apply for a court order and recover the costs of doing so;
• A range of ancillary powers to be conferred on district councils, including powers of entry, as DAERA sees fit.
• Broad powers for local authorities to deal with buildings, sites or land adversely affecting the amenity of the adjoining neighbourhood, including the power to require the responsible person to tidy, demolish and even rebuild the relevant property; and
• Further, more robust protections in respect of listed buildings, including the requirements for district councils to consult planning professionals before addressing dilapidations.

Conclusion

Whilst the precise extent of the proposed Dilapidations Bill is not yet certain, business that own building and sites in Northern Ireland should be mindful that the proposed legislation is likely to bring about heightened scrutiny of the condition, safety and appearance of such property, even the land is vacant. Moreover, it is anticipated that the Dilapidations Bill shall confer powers on district councils to compel, monitor and inspect the rectification of dilapidated property, as well as permitting them to carry out the works themselves and recoup the costs from the owners/occupiers after the fact.

On this basis, businesses with commercial premises in Northern Ireland should consider the condition of their commercial property portfolios ahead of the introduction of the Dilapidations Bill, in order to avoid fines or costs being imposed in due course.

If you have any questions in relation to a construction or engineering project, please do not hesitate to get in touch with Cahal Carvill, Darren Fitzsimons or your usual Arthur Cox contact.