Debate contribution: Dilapidation Bill: Final Stage

Debate contribution by Miss Michelle McIlveen on 8 September 2026.

MLA: Miss Michelle McIlveen
Party at the time: Democratic Unionist Party
Date: 8 September 2026
Type: Debate contribution
Business: Executive Committee Business
Heading: Dilapidation Bill: Final Stage
Assembly identifier: Official Report component 5673966

Text

I am pleased to speak at the Bill's Final Stage, given that it has been a long journey to get here. I remember raising the issue with the then Environment Minister Alex Attwood way back in February 2012. One thing that we learn in politics in Northern Ireland is that patience is not only a virtue but an absolute necessity. I express my gratitude to Alex Attwood for taking the matter seriously and starting the Bill rolling. They say that success has many fathers, but, in these times of people posting videos to claim credit for other people's work, it is important to highlight where the origins of the Bill lie. At its heart, this is a fairly straightforward proposition. We all know what impact a neglected or dilapidated building can have on a community. As we have heard today, it can blight a town centre or village street and discourage investment, undermine neighbouring properties and businesses, and reduce the attractiveness of an area to residents, visitors and businesses. I know that at first-hand: next door to my office in Comber lie the ruins of a building that was hastily knocked down to avoid its being listed and was then left to rot. The council has tried its best to cover it with hoardings but is powerless to act without the landlord's permission. In all our constituencies, there are crumbling walls or neglected buildings that our constituents want or need someone to step in to address, but, at present, that is just not happening. For too long, councils have had to work with a collection of powers that are in many cases rooted in Victorian legislation and fragmented and difficult to use. The Bill will consolidate and modernise those powers and give councils a clearer, Northern Ireland-wide framework. The Bill will allow councils to intervene at a much earlier stage where a building or land is in a condition that is "detrimental to the amenity" of an area. We should not have to wait until a building has become dangerous or a site has deteriorated to the point at which it becomes a major problem for the community. The maintenance notice provisions will give councils the ability to require appropriate remedial action in cases of much lower-level dilapidation and neglect. That could mean dealing with a property in a poor condition that is having an obvious negative impact on the surrounding area before the problem becomes substantially worse. That must be welcomed. Where the problem is more serious, councils will have the power to issue a dilapidation notice. As we know, that will include a mechanism that allows much more substantial remediation action including, where appropriate, demolition. The Bill also provides councils with powers to act where an owner or other person with an interest in the land does not comply with a notice. A council will be able to undertake the necessary remedial work and recover the costs. Therein, perhaps, lies a problem and a challenge for the council. A council and the wider community should not be left powerless simply because an owner refuses to address a problem that is impacting on people around a property. Given the concerns raised by councils about the potential cost implications, it is important that the legislation contains appropriate mechanisms for cost recovery. Costs can, subject to the provisions of the legislation, of course, become a charge on the land, and the Bill provides further mechanisms to enable councils to recover that expenditure. At the same time, it is important to recognise that those are discretionary powers. There is no obligation on councils to pursue every case. The legislation will provide important weapons in a council's armoury, should it wish to use them, as it seeks to tackle the blight of dilapidation. I want to see those powers being used, and I do not want to see discretion being used as an excuse for inaction. The Committee recognised that councils need clarity on the operation of the powers, including the terminology, the thresholds and how the various provisions should be applied. It is important that the guidance is developed in meaningful consultation with local government. It is also worth highlighting the fact that, given the impact on private property rights, there are safeguards in the Bill, including rights of appeal and a framework for enforcement. We should recognise the wider economic and community benefits that can flow from the legislation. Derelict buildings can become barriers to regeneration, affecting neighbouring businesses, discouraging investment and creating a sense of decline in an area. Legislation such as this is not, of course, a silver bullet, but it can be an important tool in making a difference to an area. That is why I welcome the Bill's emphasis on giving councils the ability to intervene much earlier. There are still practical issues to be addressed. The Committee raised concerns about the resources available to councils and the potential financial exposure associated with enforcement. The Department and councils will need to work much more closely together to ensure that the powers are genuinely deliverable in practice and that the Bill does what it says on the tin. It is about giving local government the practical tools to protect the amenity of our communities and to protect and support regeneration. Neglected buildings and land should not simply deteriorate whilst everyone else waits for someone else to act. That is the principle behind the Bill. The legislation is about empowering councils with the discretion to act where action is needed and where it can make a meaningful difference. That was the simple ask back in 2012. I put on record my thanks to the departmental officials, the Bill Office and, very importantly, the AERA Committee staff for their work on the legislation. We support the Final Stage of the Dilapidation Bill.

972 words. Text as published by the Northern Ireland Assembly.

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