By Escarlin Pozo
El Inmobiliario
SANTO DOMINGO. - Lawyer Manuel Fermín stated that there is no regulatory vacuum regarding the supervision of private construction projects in the country, but rather a dispersion of regulations and responsibilities among different entities.
These statements were made following the position expressed by the President of the Republic, Luis Abinader, who asserted that there is a “gap in the mandatory supervision of private works”.
In an interview on the program “El Día”, the expert cited current laws and decrees that do empower the State to intervene in private buildings that represent a public danger.
“I believe that claiming there are gaps in the legal framework is incorrect. With all due respect to the president, I don't think that's the solution to a situation like this, because clearly, despite all these provisions, which certainly appear scattered, they do exist,” he pointed out.
At the national level, the central government addressed Law 687-82, which regulates the construction of buildings and which, in its Article 18, paragraph b, allows the closure of dangerous works, even if they are completed.
“The prerogative was established in charge of the Ministry, the then Ministry of Public Works, but today, by provision of the law that created the Ministry of Housing and Buildings and by a provision of this law, Law 160-21, Article 100, which transfers those powers to the Ministry of Buildings, total closure is allowed when the work, in addition to not conforming to the originally approved plans, constitutes a danger due to structural problems,” he specified.
Fermín explained that the National Office of Seismic Evaluation and Vulnerability of Infrastructure and Buildings (Onesvie), created by decree 715-01, empowers them to inspect public and private buildings with structural vulnerability.
At the local level, he specified that law 675-44, in its article 31, allows municipalities to declare a building as a public danger, order its demolition or declare it unusable.
“The prerogative was left to the mayors to declare what is a public danger of a building, that in the face of public danger, that building could be ordered to be demolished, and there is even a provision in article 31 of the law that refers to the possibility of declaring a private building unusable,” he explained.
The lawyer also emphasized that the Government has an essential function to protect life, which is enshrined in the Constitution of the Dominican Republic.
Given this situation, which arises after the Jet Set tragedy, where 231 people died due to the collapse of the roof, Fermín stated that there is a need for "comprehensive legislation" that unifies and coordinates all existing provisions on buildings, both in the public and private sectors.
