What will happen if the Provincial Self-Government Organizations (EOA), reacting to the pressure to evacuate dangerous buildings, implement the legislation to have peace of mind and at the same time not find themselves accused of causing deaths? The answer is that a social problem will be created at a huge cost for owners, tenants and the state itself.
If in Larnaca only one dangerous apartment building houses 500 people and if we take into account that there are dozens of similar buildings throughout Cyprus, the question is, "where will the residents be relocated, even if they had the financial means to do so"? The answer is that there are not enough buildings to house several hundred people, especially if this has to be done immediately or within a few days after the buildings are declared dangerous.
In this case, what does the state do? Will it rent hotels (if it finds) or other buildings (if there are any) and house the temporarily homeless, many of whom are in danger of being "made permanent" in their temporary accommodation facilities? Or does the state decide that finding housing is a matter for the residents themselves and "let them cut their throats"? Or will it turn a blind eye and in consultation with the EOAs (who are responsible for dangerous constructions) will give time to restore the safety of those buildings that are able to be maintained and strengthened, which refers to tolerating illegality until further notice?
Of course, the situation with the dangerous buildings was not a bolt from the blue, nor did it arise in recent weeks or months. Individual balconies had been collapsing for years, walls were receding, cracks were growing in buildings, and signs of the absence of any action were evident.
ETEK has been warning for at least twelve years that the non-maintenance of buildings for a number of years will have significant consequences and suggested that the periodic inspection of buildings would contribute to the reduction of risks. Some thought that ETEK wanted to accommodate its members, in the sense that they (the members) would undertake the inspections of the buildings. However, in retrospect it turns out that inaction in the implementation of a preventive policy costs human lives and if no measures are taken, no one knows what else we will experience.
In addition to ETEK, whose positions we host below, through the views of the president of the Chamber, Mr. Konstantinos Konstantis, it is worth mentioning that the Union of Municipalities (even at a later stage) had also raised the issue. In fact, in November 2022, the president of the Union of Municipalities, Mr. Andreas Vyras, had sent a letter to the then general director of the Ministry of the Interior in which he indicated that, with the relevant articles in the legislation on Roads and Buildings related to the management of dangerous buildings, "the serious problem of the danger of buildings cannot be effectively addressed", For this reason, the Union of Municipalities proposed, among other things, the following:
-Abolition of the relevant articles (15A and 15E) in order to effectively deal with the whole problem.
-Establishment of an independent Building Risk Control Body... so that the Body becomes a legal entity under public law.
-The Agency to maintain a Fund which will be financed by the state and which will be used exclusively for the removal of the risk of buildings and for its operating costs.
-The Agency should have the ability to recruit on a permanent or temporary basis the necessary staff who will be necessary for the implementation of its objectives and maintain its own office.
-The Agency will deal ex officio or after information or complaint by any legal or natural person of all issues related to the danger of buildings in relation to their static adequacy and will be the competent authority for taking all necessary legal measures with relevant provisions for unilateral applications for a short trial.
-The Agency will be the competent authority that will address the owners of the dangerous buildings and will request within a set deadline, depending on the degree of danger of each building, the restoration-removal of the risk.
– To have the power in any case of non-compliance to intervene itself (the Agency), through its representatives, in the removal of the risk either by repairing or by total or partial demolition.
In the event that there is an imminent risk of causing irreparable damage, in relation to the safety of persons or material damage, the Agency will be entitled to proceed immediately, without any warning to anyone, to fence the dangerous building so that it is not possible for any person to access it except those authorized by the Agency to remove the risk.
-To make provisions for short performances (for the unsuitability of each building) including newspaper postings, sending notifications to the last known address of the owners or managers of the buildings, including notices to be delivered by hand, by registered mail, by fax and by e-mail.
-The Agency should have the authority to take all necessary measures, including judicial measures, for the collection from the owners of all expenses paid to remove the risk and all other collected expenses to be deposited in the Agency's treasury.
Finally, the letter stated: "In case you agree with the above, we could consider drafting a relevant Bill, within the framework of the Constitution in consultation with our Legal Advisor. Of course, although more than three years passed, the matter did not move forward.
ETEK's proposals
On the issue of dangerous buildings and its various aspects, we asked for the position of ETEK, whose president, Mr. Konstantinos Konstantis, submitted the following:
How we deal with the problem of dangerous buildings
It is a fact that we have a problem of dangerous buildings in our country and that, unfortunately, the time to deal with the problem has disappeared. Besides, the recent events, and I am referring to the partial collapse of a building in Germasogeia that resulted in the loss of two of our fellow human beings, do not admit of any doubt.
Pathogenesis of existing building stock
In Cyprus we have a largely aging building stock. Several buildings have been erected during periods when unsuitable materials such as unsuitable gravel were used (see the period immediately after the Turkish invasion and the loss of the Pentadaktylos quarries), or even in periods before the establishment of the mandatory supervision of construction works by a Supervising Engineer. All this contributes to the problem of dangerous buildings.
Lack of Building Maintenance Culture and Owners' Responsibilities
However, the root cause of the problem of dangerous buildings seems to be the fact that we have a complete lack of a culture of building maintenance in our country. Several of the dangerous structures are still used by the owners or even rented.
It is for this reason that it should be established that the owners of the buildings have a responsibility to keep their building in a condition that does not pose a danger to users and passers-by.
On the other hand, the state and the competent authorities must make use of all the available tools provided by the existing legislation – which admittedly needs to be revised, to take measures in case of non-response by the owners. At the same time, the Parliament must proceed with the passage of pending bills that will contribute to dealing with the problem.
ETEK proposals to deal with the problem
ETEK has submitted a package of proposals to deal with the problem of dangerous buildings.
Institutionalization of the regular inspection of buildings
In particular, for several years now, specifically since 2014, the Chamber has submitted a specific proposal for the institutionalization of the regular inspection of buildings, while the discussion on the issue had begun several years ago. The implementation of such a regulation focuses precisely on the root of the problem of dangerous buildings, since it provides that buildings will be inspected at regular intervals, so that any obvious worrying damage can be detected and treated in a timely manner, before the building or part of it becomes dangerous to public safety. A relevant bill, on the basis of the proposal of ETEK, has been submitted by the competent Ministry to the Parliament and was put under discussion in the Parliamentary Committee on Interior. With the resumption of the work of the Parliament, the new Parliament must proceed immediately to the adoption of the bill, with a view to the protection of human life.
Strengthening the legislative tools available to the competent authorities for the management of dangerous buildings
ETEK has also submitted proposals to strengthen the legislative tools available to the competent authorities for the management of dangerous buildings, following extensive scientific work on the issue. A relevant bill has been submitted by the competent Ministry to the Parliament and has been discussed in several sessions of the Parliamentary Committee on the Interior. Among other things, it provides for the prohibition of renting a dangerous building, the interruption of the water and electricity supply and the recording of liens in the title deed of the building, in cases where the owner does not take measures within the specified period to remove the risk. In other words, it gives important tools to the competent authorities for the evacuation of buildings but also for taking measures to remove the risk in cases of non-response within the specified time by the owners. It is therefore crucial that it is voted as soon as possible by the new Parliament, so that it can be implemented.
Creation of an Electronic Platform for Dangerous Buildings
ETEK has also submitted a proposal for the creation of a common electronic platform for the recording of dangerous buildings throughout Cyprus, a proposal adopted by the Ministry of Interior and the EOA. The creation of such a platform will ensure both that citizens are informed about the existence of dangerous buildings. At the same time, it will contribute to the effective monitoring of dangerous buildings by the competent authorities and to the decision-making on the necessary actions to remove the risk, in the immediate future. ETEK's proposal is for this function to be included in the IPPODAMOS system. However, because it is not possible to immediately integrate this function into IPPODAMOS, due to the upgrade that is currently taking place in the system, a relevant infrastructure has already been developed – as an intermediate solution – on the online platform of the Department of Town Planning and Housing and is expected by the EOAs to send the lists of dangerous buildings for registration on this platform.
