Property law: Construction Law amendments

Maintenance obligations

As a general rule under the Construction Law, the owner (or manager) of a building is responsible for its maintenance, and in particular its technical and functional efficiency. Failure to meet various obligations imposed by the Construction Law in relation to building maintenance may result in criminal and civil liability. However, Parliament has now amended the Construction Law to strengthen its clarity with regard to maintenance obligations. The intention was clearly to allow construction authorities to react efficiently to cases where buildings are neglected.

A new Article 61 states explicitly that the owner (manager) of a building is obliged to take into account such natural forces as thunder, seismic activity, strong wind, etc., that can endanger human life or health, or threaten the safety of people's property or the natural environment. More importantly, however, the new wording of Article 62 par. 1 obliges the owners (managers) of buildings to perform additional periodical reviews.

An additional technical review must be carried out at least twice a year on all buildings with a total built-up area in excess of 2,000 sqm and those with roof areas exceeding 1,000 sqm. An extra review must also be carried out whenever a natural disaster occurs. The exceptions to the obligation to inspect the technical condition of buildings have not changed.

When danger threatens

Consequently, if the building authorities find out that the state of a building may threaten people's life or health, the safety of their property or the environment, they must order the owner (manager) to restore the building to a proper condition, and can also withdraw the right to occupy the building. This latter sanction can be imposed by the on-site inspector, who can announce it to the interested party verbally. Once served by the inspector, it is immediately enforceable. Another instance where such a verbal decision is enforceable immediately is in case of a catastrophe, where the owner (manager) is asked to secure and clear the site.

The legislator has also decided to raise the level of criminal liability for failure to meet the maintenance obligations specified in Article 61. Instead of arrest, restriction of liberty or a minor fine, such a breach of law is now punishable with an increased fine, restriction of liberty or imprisonment of up to one year. In other words, it is no longer a misdemeanor.

Other interesting changes have been introduced in relation to the legalization of selected buildings built without valid building permits. If a building's construction was finalized after December 31, 1994 but before July 11, 1998 and if by July 11, 2003 no proceedings have been commenced in relation to it, then until January 1, 2008 the owners can apply for an occupancy permit without having to pay a legalization fee. However, legalization might not be possible if the building breaches local zoning regulations.

Jakub Kutzmann is an associate with Linklaters law firm. e-mail: jakub.kutzmann@linklaters.com