Removal or repair, reinforcement of unusable or safety-threatening constructions
Removal or repair, reinforcement of unusable or safety-threatening constructions
Essence of the procedure
The owners of constructions are obliged to maintain them in a technical condition that meets the basic requirements of the law. Not to carry out and not to permit the carrying out of changes in them that lead or may lead to a deterioration of the design levels of compliance with the requirements for the entire construction or for its individual characteristics.
The procedure consists in establishing the condition of a given construction by a committee of specialists appointed by the mayor of the municipality, which decides to remove it, or to repair, strengthen and sanitize it within a certain period. The decision is approved by the mayor of the municipality and based on it, an order is issued for removal, or for repair, strengthening and sanitization.
The procedure refers to constructions, or parts of them, which for various reasons have become dangerous for the health and life of the inhabitants, are unfit for use, are in danger of self-collapse or are harmful in terms of sanitation and hygiene.
The reasons, in turn, can be: natural wear and tear, human intervention (negligence), force majeure circumstances (for example - earthquake, fire, flood) and other external factors.
"Construction" means above-ground, semi-underground, underground and underwater buildings, buildings, extensions, superstructures, fences, networks and facilities of the technical infrastructure, public works and sports facilities, as well as their major repairs, reconstructions and alterations with and without a change of purpose. The application of the procedure does not take into account the legality of the relevant construction.
Participants
- The owner of the construction - addressee of the order.
- The mayor of the municipality - the authority competent to issue the order.
- A committee of specialists appointed by the mayor to establish the state of construction. The same makes a decision to remove or to repair, strengthen and sanitize the construction
Move
Prerequisites
Determination by the committee of specialists that the construction is dangerous for the health and life of the residents, is unfit for use, is in danger of self-collapse or is harmful in terms of sanitation and hygiene and cannot be repaired or strengthened.
Also, the mayor of the municipality issues an order to remove elements and equipment of receiving and transmitting stations that are installed in violation of the ZUT.
Actions
In the event of accidents or other circumstances threatening a building with damage or destruction, the owner of the object is obliged to take immediate actions to prevent them or to remove the damage caused, restore the object and notify the municipality.
In the event that the building is not maintained in good condition, as well as in the event of accidents or other circumstances that endanger it, the mayor of the municipality issues an order obliging the owner to carry out the necessary repair and restoration activities for repair or strengthening within a certain period. The mayor of the municipality can oblige by order the owners of welded or tolerable constructions to remove, convert or repair fences, garages, secondary, agricultural and other objects according to ZUT, temporary buildings, septic tanks, sewage facilities that are inappropriate in terms of location, arrangement, type and materials , plantations, as well as to carry out the necessary works in the interest of security, traffic safety, health care, hygiene, aesthetics, cleanliness and tranquility of citizens. The owners bear property liability for damages caused and lost profits from their culpable actions or inactions, as a result of which a construction accident occurred, resulting in material damage or damage to third parties and property.
The procedure can be started ex officio - on the initiative of the administrative department, or on a complaint (signal) of a person, as there is no requirement in the ZUT that this person has a legal interest in submitting it.
There is also no requirement for a specific content of the complaint (report), which may be in free text. It is desirable that the complaints (reports) contain data on the location of the construction and its possible owner. A report can also be submitted by another administrative body (eg the bodies of the Ministry of Internal Affairs, etc.). Complaints and reports can be submitted on site in the municipality (district) or by post.
Conducting an inspection and its consequences
The state of the objects and the necessary repair and restoration activities are established by protocol by a commission appointed by the mayor of the municipality. ZUT does not provide for a mandatory or minimum composition of the commission. According to the specifics of the construction, various specialists are included in the composition of the commission. The Commission ex officio collects all the necessary data on the type and state of the construction and listens to the interested parties. The commission makes a decision to remove the construction or to repair, strengthen and sanitize it within a certain period.
Issuance of an order
The decision of the commission is approved by the mayor of the municipality, who issues a corresponding order.
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Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg