THE CURRENT LEGISLATION ALLOWS EOAs TO SEAL DANGEROUS BUILDINGS - ''PRIVATE INTERESTS ARE PUT ABOVE THE SAFETY AND LIVES OF CITIZENS'' COMPLAINS DAMIANOU - Filenews 16/4 by Vassos Vassiliou
The EOAs can not only close a dangerous building but even demolish it, as indicated by the chairman of the parliamentary committee on the Interior, Aristos Damianou, who adds that there is also the possibility of evicting or even sealing such buildings.
Mr. Damianou also dropped a bombshell stating that "private interests are placed above the safety and life of citizens". Specifically, on the occasion of the collapse of the apartment building in Germasogeia on Holy Saturday, which resulted in the death of two people, he also stated the following: "Private interests should not be put above the safety and lives of citizens. It is the interests that led to inaction in relation to the updating of many legislation in the past."
But what does the existing legislation provide for and what powers do the District Local Government Organizations have?
Article 15 of the "Roads and Buildings Law" records the following: "The competent Authority may by decree close any building which, in the opinion of the Authority, is unsuitable for human habitation due to unsanitary conditions, poor ventilation or overcrowding or is dangerous habitation due to its structural defects or fire protection defects, but may prohibit the future use of the building for such habitation until appropriate measures are taken, rebuilt, converted or repaired in such a manner as the Authority would specify".
Moreover, Article 15A states that: "In the event that the competent Authority is convinced that any building, inhabited or not, (...) is in such a condition that it presents any deterioration or damage that may make it dangerous in a short period of time for the persons residing in it or in the neighbouring building or for passers-by or for neighbouring buildings and that it is necessary to take preventive measures to remove such a risk, this competent authority may issue a decision to that effect, subject to the following provisions:
(a) The competent Authority, by means of a written notice served on the owner, informs the owner of the decision taken, as well as of the reasons supporting this decision, and summons him, within the time limit specified in the notice.
(i) To 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, and/or
(ii) to repair, remove, protect or fence the building and in general to take all the preventive measures specified in the notice, which in the opinion of the competent Authority are considered sufficient for the repair of the building.
Article 15B provides that in the event that the competent Authority is convinced that any building, whether inhabited or not (...) is in such a condition that it becomes dangerous for the persons residing in it or in a neighbouring building or for passers-by or for neighbouring buildings and that it is imperative to take measures to remove such a risk, this competent authority may:
(a) To enter the building and/or the area surrounding it ex officio and to take all necessary measures to remove the imminent risk of causing bodily harm, in the presence of a police officer, in case he has reasonable cause to believe that he will be prevented from exercising his powers or performing his duties.
(b) By means of a written notice, which is served on the owner and/or the persons residing therein, to inform them of the decision taken, as well as of the reasons supporting this decision and to invite them to abandon and vacate the building within a period specified in the notice.
The chairman of the parliamentary committee on the Interior, commenting on reports of a forced amendment of the legislation, clarified that the Commission does not consider that new legislative regulations are needed immediately, noting that the existing provisions "are draconian".
For his part, the Minister of the Interior, Konstantinos Ioannou, speaking after a meeting of the ETEK delegation, called on the EOA to publicize and update the approximately 1,300 dangerous buildings, applying the current legislation. Mr. Ioannou also stated that last March the Ministry of the Interior defined a single procedure for the management of dangerous buildings and in fact this has been notified to the EOA.
The president of ETEK, Konstantinos Konstanti, assured that the Chamber will support the effort of the EOAs by creating an electronic platform on which the hundreds of buildings that have been classified as dangerous can be posted, after being updated. At the same time, he called on the EOA to go on site and place signs on dangerous buildings so that "there is transparency and notification, publicity of all cases".
