Filenews 18 January 2025
Everything indicates that those who rent dangerous buildings without regard for the safety of tenants, residents or passers-by will find it dark, given that the much-discussed bill concerning dangerous buildings and their periodic inspection, has already been processed by law and is soon submitted to Parliament for discussion and approval.
As "F" is informed, a provision was removed from the original bill which gave the competent authorities the right to get their hands on the bank accounts of owners who refused to pay the cost of supporting their buildings, which until now was indirectly borne by the rest of the citizens, through taxes imposed by the relevant Local Authorities. However, the original provision under which the property was bound and could not be sold without paying the relevant debts seems to remain.
Of course, the bill will go through the torment of Parliament, so some provisions may be differentiated. It should be noted, however, that neither the new Municipalities nor the District Authorities want to load the dangerous buildings, since it is commonly accepted that only damage was caused by their management, since many owners were not interested in supporting them at their own expense. Who will take "the trouble" will be decided by Parliament.
Another aspect that leads to the improvement of the current situation and which concerns the safety of citizens, concerns the periodic inspection of buildings, which is institutionalized together with the issue of dangerous buildings in the context of the bill under discussion, under the title "The Regulation of Roads and Buildings (Amendment) Law of 2023)".
The periodic inspection of buildings had been proposed by ETEK and the successive collapses of balconies or other failures, it considers that justify it.
Among others, the following provisions are included in the bill, some of which may be differentiated during its discussion.
If the competent Authority is convinced that any building or part of it, residential or not, is in such a condition that it becomes dangerous and that it is necessary to take measures to remove the risk, it may issue a relevant decision and serve a relevant notice to the owner, by which:
It informs the residents of the building about the decision taken (to take measures), as well as the reasons that support this decision and to invite them to, within a deadline specified in the notice, to leave and vacate the building.
If a person residing in it refuses to leave and vacate the building, the competent authority applies unilaterally (ex parte) for the issuance of a Court order for the removal of persons and the evacuation of the building.
The competent Authority, in case the debt exceeds €5000 and the measures it promotes do not work, may (upon registration of a lien) promote the application of the relevant articles of the Civil Procedure Law for the sale of immovable property for enforcement without the consent of the owner who owes the costs borne by the competent Authority.
A person who receives the notice but does not take the necessary steps to carry out the necessary works within the specified deadline, commits an offence and in case of first conviction is liable to imprisonment for a period not exceeding one year and/or to repayment of the expenses incurred by the competent Authority or to a fine not exceeding €20,000.
In case of a second or subsequent conviction, he is liable to imprisonment for a period not exceeding two years or to a fine not exceeding €40,000.
Periodic preventive check-up
As stated in the bill, for the purpose of preventing and dealing with the phenomenon of building hazards, maintenance and periodic inspection of buildings and/or units is mandatory. Every building owner must maintain it in such a way that it does not become a potentially dangerous building or a dangerous building.
The Minister of the Interior, after consulting the competent authorities and the Technical Chamber of Cyprus, determines by his regulatory decree published in the Official Gazette of the Republic:
(a) The categories of buildings and the frequency of periodic inspections per category.
(b) The periods of periodic inspections, including the first periodic inspection, which will range from 2 to 20 years depending on the classification of the building, taking into account the category of importance defined in the Eurocodes and specified in the Roads and Buildings Regulations, as well as the date of construction of the building in accordance with the date of adoption of the codes for the conduct of static and/or antiseismic study.
Obligations of owners
The owners shall ensure that the periodic inspection of their building is carried out, in accordance with the provisions of the Decree issued pursuant to subsection (2) and for this purpose they appoint a designer, who is a member of the Register of Designers and Supervising Engineers and who is authorized by ETEK to carry out the periodic inspection for the corresponding building category.
What buildings are considered dangerous?
According to the bill, "dangerous building" means a building or part of a building that presents and shows signs of wear and/or damage and/or alterations and/or additions that make visible the danger to its safe use, to persons living in it or to the neighbouring building or to passers-by or to neighbouring buildings.
The hazard may be related to age, or non-maintenance or damage (due to a catastrophic event) or due to poor foundation or poor quality or composition of materials or poor workmanship and/or poor construction or even due to structural defects or corrosion or fire protection deficits.
Property permissions
The owner or owners of the building are obliged to comply with the notification of the competent authority and may request that the inspection be repeated, within a deadline determined by the competent Authority taking into account the time limit set for the removal of the hazard (of the building or unit), until the inspection shows that the building or unit does not show deterioration or damage or addition or intervention that makes it Dangerous
The owner/holder of this building, within a period not exceeding three months from the adoption of the aforementioned measures, must submit to the competent Authority a certificate from the designer/supervisor that the measures have been taken and that the deterioration and/or damage of the building has been removed and/or restored.
