Arbitrary buildings (non-statutory) fines: how do I protect myself legally? (PART I)


In this article we look at the provisions of the Arbitrary Act (pre/post 2011), which have NOT been made into law.

The autopsy report and the fines of arbitrary buildings 

The autopsy report establishes the arbitrary construction/change of use. In the autopsy report, the location of the arbitrary with coordinates in the EGSA '87 reference system, a brief description with a scribble, its dimensions and the urban planning regulations that have been violated are mentioned. The same report includes calculation of maintenance and construction fines.

Unauthorized constructions carried out after 28.7.2011 are compulsorily demolished and fines are imposed for erecting and maintaining unauthorized structures, as well as criminal sanctions in accordance with the provisions of this article, subject to the distinction of article 81 (urban planning violations).

The arbitrary constructions that have been carried out before the above date, but have not been subject, for any reason, to the provisions of laws on the suspension of sanctions, are also demolished and fines are imposed for the construction and maintenance of unauthorized structures, as well as criminal penalties.

Certification and payment of fine in general

The fines are confirmed by a decision of the Head of the YDOM within an exclusive period of fifteen (15) days, from the expiry of the deadline for submitting a final appeal or from the decision on the final appeal, and are sent to the competent financial department.

The fines for erecting the unauthorized buildings are paid by the debtor in thirty (30) equal monthly installments and the maintenance fines in twelve (12) monthly installments, of which the first within the following month from the certification of the fine to the competent financial service.

Appeal against autopsy report

The autopsy report of an arbitrary person is challenged by filing an appeal within an exclusive period of 30 days from its notification. This is submitted to the competent Local Observatory, which forwards it, within 30 days, to the Committee for the Examination of Arbitrary Appeals of the Regional Unit. The latter examines it within a period of 20 days and makes a decision, accepting or rejecting it.

However, if no appeal is filed, the autopsy report becomes final. It may also include a request to be subject to the relevant copyright laws. An affidavit of acceptance of the autopsy report may also be submitted.

Judicial protection upon rejection of the appeal against the autopsy report

After the possible rejection of the appeal against the autopsy report, a judicial procedure and in particular an application to annul the rejection decision is submitted to the Administrative Court of Appeal.