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Strict Measures Against Violators Of Building Rules - Municipality
Head of the Building Violations Committee, Advisor Amsha Al-Waalan, pointed out that Kuwait Municipality made an amendment to the previous municipality Law 5/2005 that underlines regulations to handle the phenomenon of building violations through punitive measures against anyone caught violating building regulations, reports Al-Anba daily. This is particularly due to violations for private residences requires special permission from the Public Prosecution, as the constitution guarantees the sanctity of housing,
Al-Waalan said in a statement that under the current municipality Law, the municipality is not allowed to cut off electricity to the violating property except issue a final warning with enforceable judgment, and this matter may take several years in the courts until the final ruling is issued.
Under the provisions of the current municipality law, the municipality cannot remove or address building violations, except to make a report of the violations that ultimately reaches the judiciary, she said.
This is in addition to decisions to stop the violations issued by Director General of the Municipality or whoever is authorized by law. It does not have immediate executive power and the Ministry of Interior cannot implement it in the absence of a binding legislative text.
She pointed out, “In light of the current situation of the law, the executive body has taken another direction until the desired amendment to municipality law is done with the establishment of a specialized committee of legal and technical engineers to follow up on the building violations and take necessary measures to reduce the phenomenon, in accordance with laws, rules and regulations currently in force.”
She noted the Building Violations Follow-up Committee, based on the mandate issued by Director General of the Municipality Engineer Ahmed Al-Manfouhi scrutinized all reports on the building violations until they reached the Public Prosecution and the judiciary, and check up on measures taken on abuses in all types of housing.
Highlighting that the formed committee has started looking into these registered violations, she noted that those are related to fourth floor violations in private residences. She affirmed that all necessary measures will be taken in this regard, but the case takes several years with the judiciary, so the municipality can remove it according to its laws. She pointed out that the online link between the Municipality and the Criminal Prosecution Office periodically provides the municipality with the final ruling to block the transactions of violators.
Noting that these measures saw results, she commented that the last period has seen cases of forcible removal of some building violations followed by the handing down of final judgments, which amount to 10 removals in various types of housing. The committee has coordinated with the General Department Sentences Enforcement to implement removals, particularly for famous buildings very soon.
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