What builders, administrators, and neighbors should do to keep a building safe.
SANTO DOMINGO– Safety in residential buildings becomes a central issue when an accident occurs. Dominican legislation establishes clear obligations for builders, management companies, and owners, but the question remains: who assumes responsibility?
Israel López Rodríguez, a specialist in real estate law, explains that the answer is not simple. “When an incident occurs, responsibility can be exclusive or shared, depending on the technical and administrative facts,” he stated.
Builder
The professional points out that the builder is the initial guarantor of the building's safety. "They must ensure that all gas, fire detection, and evacuation systems comply with regulations from the design stage to handover.".
Among their primary obligations is the proper installation of gas systems, in accordance with Decree 178-10. This includes certified materials, leak testing, and authorized personnel. Failure to comply may result in civil, administrative, and even criminal liability.
Fire detection and control systems are also essential. “Detectors, alarms, fire extinguishers, and automatic sprinklers, where applicable, must be installed and operational from the moment the building is handed over,” López Rodríguez stated.
Furthermore, the builder must guarantee functional and clearly marked means of evacuation, according to Decree 361-15. The lack of safe routes compromises passive safety and the legal responsibility of the builder.
Condominium Management
Once the property is handed over, the management becomes the second line of security. They must maintain and monitor all common areas, ensuring that security equipment is functioning properly.
It is also responsible for regularly inspecting gas installations and hiring authorized technicians for their maintenance. Ignoring leak reports or delaying repairs can turn a warning into a tragedy.
Evacuation protocols are key. “Although a formal manual is not required, the law imposes a duty of care. Improvised evacuations can be considered negligence,” López explained.
Following an incident, the administration must activate insurance policies, convene the owners' assembly, and request specialized technical studies, such as structural assessments, gas evaluations, and electrical reviews.
Technical and insurance studies
Expert assessments help identify the causes of the incident and design repair measures. Condominium insurance policies typically cover fire and explosion damage, common areas, and third-party liability. However, any serious negligence can affect coverage.
Owners
In some cases, the owners may be liable, especially if there was improper handling of gas installations or lack of maintenance within their unit.
Shared responsibility
Legal experience shows that responsibility can be shared between the builder, the management, and the owner. “The technical assessment will be crucial in determining who is responsible and to what extent,” López Rodríguez stated.
“This incident is not only regrettable, but also a wake-up call for the entire real estate sector: building well is not enough, and managing correctly is not enough either if there are no clear protocols and constant maintenance,” concluded López Rodríguez.
