The threat of jail time for those responsible for building code violations is too harsh a measure, according to a leading municipal councillor.
Muharraq Council chairman Ghazi Al Murbati voiced his concerns about a draft of the new building violations code during an online live session on the authority’s Instagram account.
High among his concerns is that the plan currently suggests that anyone carrying out construction without strictly adhering to the conditions of a permit issued could be jailed, in addition to being fined.
This is the first time that a jail sentence could be considered for the offence and Mr Al Murbati believes the draft proposals read more like a penal code for extreme violations of the laws of the land, rather than measures to address building violations.
“We do not support the punishment of jail at all and call for its removal from the draft,” said Mr Al Murbati.
“It suggests that violators could be punished by being jailed for a period of no less than a month, which means it could be two months, four months, a year, depending on the court, in addition to a fine of no less than BD1,000.
“So, for example, if I were to build something with a permit and went through all the proper channels but made an addition during construction, the permit would be violated. Should I be punished for adding an extra room with jail time?
“You’re talking about families, Bahrainis who only want to expand their homes.
“We are for making sure that they do so with the proper permits knowing any violations could result in a heavy fine ... but not jail.”
However, Mr Al Murbati approved of plans to impose imprisonment on anyone found guilty of providing or selling building materials that were not up to standard.
“In this matter, I do agree with the draft because this issue was not addressed in previous codes,” he added. “Those selling shoddy materials should be punished with imprisonment and a fine of no less than BD50,000.”
The GDN reported last month that Mr Al Murbati spoke against plans to impose fines on residents who do not remove garbage from their property, with a BD10 per day penalty after a certain deadline had passed.
Arbitrary
However, talking about the changes to the building code violations on the council’s Instagram account, Mr Al Murbati said the problem with the proposal was that the fines, if unpaid, would keep accumulating and would be passed on to whoever inherits or later buys the property.
This would be arbitrary and unfair, he believes, and a one-time fine would offer a better solution.
ghazi@gdn.com.bh
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