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’.
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