Owner of derelict building that collapsed in Cork could face prosecution 

Building on Upper Cork Street, Mitchelstown, partially collapsed onto the street and close to a zebra crossing back in July 2021

The partial building collapse in Mitchelstown Picture: Cork County Council

Cork County Council is seeking to take the owner of a derelict building that collapsed in North Cork last year to court.

Part of the upper floor of the building at Upper Cork Street, Mitchelstown collapsed onto the street and close to a zebra crossing in July 2021. Experts say it was fortunate nobody was injured when the building gave way.

A meeting of the Fermoy Municipal District Council, which oversees Mitchelstown, was informed by its municipal district officer Pauline Moriarty about the bid to prosecute the owner.

Bid to prosecute

She said that statutory notices were served under the Local Government (Sanitary Services) Act 1964 requiring the safe remediation of the dangerous structures.

However, those notices were not complied with within the time allowed and so the county solicitor was instructed to institute legal proceedings for non-compliance with those notices.

“The county solicitor engaged counsel to advise on the necessary proceedings and draft them and counsel has advised that the appropriate proceedings are an application to the District Court by Notice of Statutory Application seeking relief under the Section 3 of 1964 Act and has drafted such proceedings,” Ms Moriarty told councillors.

She said once proceedings are issued and served they will be allocated a hearing date before the District Court, which has power to direct compliance with the statutory notices served.

“The legal proceedings will necessarily take some time as the persons served with notices are entitled to due process and a fair opportunity to prepare their defences to the council’s case. The council is very conscious of the urgency of the situation and shall press for an expeditious trial of the action.

“In the meantime, all necessary public safety measures have been put in place on Upper Cork Street,” Ms Moriarty added.