Under the 1999 Planning Act, all buildings throughout the State that were listed by local authorities because of their special architectural, historical, artistic, cultural, scientific, social or technical interest automatically became "protected structures" on January 1st.
The new regime imposes a legal obligation on the owner and occupiers of a protected structure to ensure that it is preserved. This applies not only to the building itself, but also to all land round it and to its interior, including fixtures and fittings, according to the regulations.
No works that would affect the character of the structure or any element of it that contributes to its special interest may be carried out without prior approval.
Depending on the nature of the structure, planning permission could be required for interior decorating.
A guide prepared by Dublin Corporation explains that the owner or occupier of a protected structure may request a local authority to issue a declaration indicating the types of work that could be carried out without affecting its character. This could take three months.
Owners or occupiers may also be required by a local authority to carry out remedial works if it considers that a protected structure "is or may become endangered" or requires to be restored. It may also acquire such a structure by compulsory purchase, if necessary.
A fine of up to £1 million and £10,000 for each day of a continuing offence and/or a term of imprisonment of up to five years can be imposed on an owner or occupier for endangering a protected structure or failing to carry out the works ordered by a local authority.
Grants are available, based on a scheme of priorities, usually amounting to 50 per cent of the approved cost of necessary works, up to a maximum of £10,000. In "exceptional circumstances", the grant may be extended to cover 75 per cent of the cost, to a maximum of £20,000.
Any owner or occupier of a listed building is entitled to object to its inclusion in the Record of Protected Structures.
As this record forms part of a local authority's development plan, it is a reserved function of the elected members to uphold or reject such objections.
The regulations also cover the designation of architectural conservation areas, which may include an unlisted terrace of houses or any other group of buildings that give a special character to an area or contribute to the appreciation of protected structures.