Filenews 14 December 2023
The grace period for all those who do not maintain their buildings has ended, after the bill concerning the mandatory periodic inspection of buildings entered the final straight.
As we are informed by the Ministry of the Interior, the legislative technical processing has already been completed and the much-discussed bill is submitted to the parliamentary committee of the Interior at the beginning of the year.
Recently, the final consultations took place on some provisions of the bill that needed some clarification, and the time has come to start its discussion before the Parliament.
The discussion is expected with interest, taking into account that among the provisions was included the freezing or confiscation of amounts in bank accounts as well as the freezing of other movable property etc. against all those who do not maintain their buildings, which inevitably makes them gradually dangerous, not only for the owners themselves but also for the tenants or neighbours and passers-by.
The provisions of the bill include the evacuation of buildings that will be deemed dangerous.
Meanwhile, ETEK, on the occasion of the incident of balcony collapse in an apartment building in Limassol, stresses that it is imperative to take immediate measures to protect the public from dangerous buildings.
ETEK's concerns are expected to disappear after the adoption of legislation promoted by the Ministry of Interior, with which it consulted at the stage of its preparation.
In a relevant document concerning the final consultation of stakeholders (before the bill was submitted to Parliament), it was stated that the purpose of the law is "to strengthen the tools available to the competent building authorities for the management of dangerous buildings as well as to institutionalize the periodic inspection of buildings".
In order to strengthen the bill, the following were included in it, which apply, if and when the Legal Service agrees with them:
(a) The measures that the competent Authority may take are further strengthened, both for dangerous buildings and for buildings in need of repair (e.g. demolition, taking temporary measures, fencing, etc.).
(b) Enabling the competent Authority to issue a Court Order by submitting a unilateral application (ex parte) for the removal of persons, in cases of refusal to evacuate the dangerous building.
(c) Ability to take measures also in cases where danger occurs on pieces of land on which a building is located, so that any phenomena such as rock collapse can be addressed.
(d) Extension of the measure imposing a fine in cases of evacuation of dangerous buildings in need of repair, etc.
(e) Introduction of provision for the registration of a lien in the cadastral Register, in respect of a dangerous building, for which the competent Authority carries out works to take measures under Article 15B of the Law, and the costs are not paid by the owner within the specified deadline.
(f) Introduction of legislative tools, similar to those introduced in the Tax Collection Law, for forced collection through judicial measures (freezing and seizure of amounts in bank accounts, freezing of other movable property, etc.) in cases of failure to pay.
In March 2023, the Ministry of Interior had made reference to the promotion of important parameters to remove the risk of buildings, through the promoted bill.
At that time, the Ministry had assured that after the relevant legislative review and the approval of the Council of Ministers, the bill would be submitted in the form of urgency to the House of Representatives for examination and adoption into law. The Ministry made special reference to the establishment of the Periodic Inspection of buildings.
Since then, buildings continue to present problems, becoming dangerous, with many owners indifferent, due to the absence of strict legislation, which obliges municipalities to pay their support costs.
ETEK, which repeatedly raised the issue of periodic inspection of buildings, said in a statement that we are at ground zero to take measures to avoid incidents such as balcony collapse and so on, as well as to protect human life.
The Chamber observes that first of all we must recognize that we have a building stock that is largely old and at the same time unmaintained, and adds: The complete lack of a culture of maintenance of buildings observed in our country can only intensify the existing problems in these buildings. At the same time, and as we can see from the increasing incidents of collapse of parts of buildings, the lack of maintenance can have tragic consequences for the users of a building and the passers-by.
The ETEK continues: "Given this, we should immediately proceed with the institutionalization of the regular inspection of buildings. Such an arrangement will ensure that buildings are inspected at regular intervals and therefore that any obvious damage and damage is dealt with in a timely manner."
Municipalities support with their shortfall
As "F" had written relatively recently, the Nicosia Municipality had recently intervened in order to remove the danger in 50 buildings. The total amount spent on these actions amounted to €500,000 a few months ago and has since increased. In recent years, Nicosia Municipality has imposed fines of €446,000 on owners of 67 buildings.
Besides, the Limassol Municipality, until a few months ago, had spent €600,000 on supporting dangerous buildings and to date the amount is estimated at €1 million.
The Nicosia Municipality indicates that as long as legislation is not adopted that effectively regulates dangerous buildings as well as the periodic inspection of buildings, the only weapon available to local authorities is the existing legislation, whose provisions do not promote the preventive maintenance of real estate, but are mainly limited to removing the risk when a building is considered dangerous. That is, the legislation does not force owners to restore or even maintain their buildings, but simply to remove the risk. As a result, many listed buildings are covered with humble materials (instead of roofs) or supported with makeshift columns, creating the worst image in the areas where they are located.
The Nicosia Municipality indicates that it has repeatedly submitted suggestions, stressing the need to take immediate measures and initiatives to address the situation. In particular, it proposes:
> Regular inspection of buildings by members of ETEK for the issuance of a certificate of suitability.
> Granting to the Local Government the authority to issue extrajudicial notices, for inadequate maintenance, for danger and for problematic / unhealthy living conditions.
> Removal of rent in listed buildings.
> Rental documents must be accompanied by a Certificate of Suitability of the premises for rent.
> Establishment of Operating Regulations of Management Committees of jointly owned buildings with effective management and maintenance terms.
Finally, the Municipality reiterates that it considers it extremely important to adopt as soon as possible the above changes to the existing legal framework, so as to immediately increase the functionality and efficiency of local authorities, always with a view to the safety of citizens, the better service of their needs and the improvement of the quality of life of all.
Until the relevant legislation is approved and the above is implemented, ETEK invites building owners (who bear the responsibility to maintain their buildings in a condition that is not dangerous for public safety) to proceed with the inspection of their buildings by qualified designers and to proceed with repair and maintenance works where necessary. At the same time, he points out that any interventions in buildings should be done under the study and supervision of designers.
