A PROPOSAL to immediately waive legal action against hundreds of government home owners for minor building violations has been rejected.
Works, Municipalities Affairs and Urban Planning Minister Essam Khalaf told the Muharraq Municipal Council in writing that their proposed move approved last month would just encourage more violations and prove potentially dangerous.
The issue is set to be re-debated during the council’s session tomorrow and should it insists and the minister rejects the move for a second time, then it would be referred to the Cabinet for a ruling.
“Building violations, whether in government homes or any other private property, are dealt with through equivalent measures, depending on their severity or potential hazard involved,” said Mr Khalaf.
“The 1977 Building Law, which was amended in 2014, aims to protect people’s lives ensuring that buildings are safe and is being implemented accordingly.
Warnings
“Construction work has to be licensed following the presentation of required documentation or inspection and we give repeated warnings to correct any issues.
“Approving this move would just encourage violations and thwart efforts ensuring buildings are within proper standards.”
The Muharraq Municipal Council voted unanimously last month on a decision that construction rules violations be settled out of court.
The municipality posted warning notices on 1,145 homes this year following inspections, referred 225 homeowners to court for severe violations related to trespassing or structural damages, and received 180 fines or forced removal verdicts.
Under existing regulations, owners of government housing units are fined or have action taken against them for any vertical expansion made to garages or homes or alterations done to the front yard.
Expansions are often carried out by Bahraini families to meet the needs of a bigger family or children growing up.
Government homes remain the Housing Ministry’s property until payment instalments are completed within a 30-year period.
Council technical committee chairman Abdulaziz Al Ka’abi said existing building violations needed to be reviewed and resolved.
“Taking legal action against hundreds of people isn’t the right approach considering that no one is willing to break the law unless they are desperate,” he claimed. “This shouldn’t imply that I’m encouraging people to break the law.
“Most of the violators have taken the wrong route because their requests to have proper expansions have been rejected by the municipal and housing officials due to engineering technicalities.
“Some owners need to expand their existing home after 20 years of waiting for a new government home and, with an increase in family members, their options are limited.”
Parliament services committee chairman Ahmed Al Ansari, a former Southern Municipal Council chairman, said families would continue to opt to violate because they know that their cases would go to court and would then take at least five years for a verdict.
He added that court route doesn’t benefit municipalities or homeowners as the lengthy legal battle can sometimes drag on for so long.
“It could be a small violation on the ground floor but during the on-going court battle you could witness further facilities or storeys added to the home – the end result could be a BD1,000 fine with the judge having an option to force removal of the violation, which is rare if children are staying in them.
“In my opinion many cases could be reviewed and settled out of court to save time and money, as well as seeing justice served for all parties involved.”
Mr Khalaf told MPs in December last year that a special government committee to assess and resolve hundreds of building violations in government homes has been set up.
He said it comprised specialists from his ministry and others from the Housing Ministry.
mohammed@gdn.com.bh