Filenews 29 March 2025 - by Vasos Vassiliou
Dangerous constructions are undesirable by both the Municipalities and the Provincial Local Government Organizations (EOAs), although for the time being they remain in the EOAs, with the Parliament and the Local Authorities looking for the golden ratio of their management.
The reluctance to take responsibility for dangerous buildings lies in the fact that they only cause damage, in the sense that many owners do not pay the cost of supporting them and when the responsibility lay with the Municipalities, they literally chased the owners by begging for the money they spent on the buildings in question.
The issue has been raised from time to time in the Parliament and now it is coming back to the forefront with a bill by MP Marinos Mousouttas, which is expected to concern those involved due to its strict provisions.
Among other things, the proposal provides, under certain conditions:
-Interruption of the water supply to the dangerous building.
-Submission of an order for the disconnection of the electricity supply to the Distribution System Operator, which must comply for reasons of public interest.
-The owner of a dangerous building is prohibited from renting it.
In the event that a building becomes dangerous and the owner does not take care of removing the risk, the competent Authority can "enter it with a sledgehammer" and cut and sew in terms of taking measures to remove the risk.
The owner risks being fined up to €40,000 or imprisoned for up to two years.
In addition to the above penalties, the competent authority may impose an administrative fine of up to €40,000.
Therefore, the competent authority may call on the residents of a building in the process of collapse to abandon it and evacuate it.
The proposed law states that in the event that the competent Authority, after a visual inspection, finds that any building, or part thereof, is in such a condition that it becomes potentially dangerous and that it is necessary to take preventive measures to eliminate the risk, it may issue a relevant decision in this regard, in compliance with the following provisions:
-The competent Authority informs the owner of the decision taken, as well as of the reasons supporting this decision and calls him, within the deadline specified in the notification.
-It may appoint a designer for the preparation of a relevant report and/or study for the repair of the building and for its submission to the competent Authority.
-It may repair, remove, protect or fence the building and generally take all the preventive measures specified in the notification, which, in the opinion of the competent Authority, are deemed sufficient for the repair of the building.
-The owner/owner of this building may, within 30 days from the notification of the notification, transmit their views in writing to the competent Authority.
In accordance with the proposed law, in the event that the competent Authority, after a visual inspection, finds that any building, or part thereof, is in such a condition that it becomes a dangerous building and that it is necessary to take measures to remove such a risk, the competent Authority may:
To inform the owner of the decision taken, as well as of the reasons supporting this decision, and to invite him/her to, within a period specified in the notification, appoint a designer for the preparation and immediate submission to the competent Authority of a relevant report and/or study clearly stating the measures and/or conditions to be taken or immediately fulfilled by the owner; for the removal of the danger and the repair of the building. The measures may include the total or partial demolition of the building.
If, after informing the owner, he does not comply with the requirements contained in the notice received, the competent Authority may: ·
-To inform the owner of the intention to impose an administrative fine in accordance with the provisions of the relevant article (15E).
-To arrange for such works to be carried out as deemed appropriate for repair, removal, total or partial demolition, protection or fencing or for the implementation of the measures specified in the notice and their costs.
The competent Authority, by means of a relevant decision, proceeds to the certification of the expenses, which is recorded in the books of the District Cadastral Office on the affected property, so that the owner cannot sell the building unless he settles his debts.
