Measures for illegal constructions are tightened - Violation cases/ From fines, to criminal punishment and confiscation of buildings
The New Criminal Code provides for stricter measures regarding land misuse and illegal construction.
Specifically, Article 585 states that "Land occupation constitutes a criminal offense and is punishable by a fine or imprisonment of up to 2 years. The same offense, committed in priority areas for tourism development, protected areas or areas of national importance for cultural heritage, is punishable by a fine or imprisonment of two to 4 years."
While Article 587 sanctions measures for illegal constructions even when they are on land owned by an individual.
According to this article, "Construction carried out without a permit or under the terms of a revoked permit on land owned by one constitutes a criminal offense and is punishable by a fine or imprisonment for up to six months. If this act is carried out to meet housing needs, it is punishable by a fine.
Likewise, committed on public or state land or on someone else's land, it is punishable by imprisonment for up to 3 years.
Whereas, if it is carried out in priority areas for tourism development, protected areas or areas of national cultural heritage importance, it is punishable by a fine or imprisonment of 2-5 years.
According to this article, even additional construction beyond the permit granted by the competent authority or unauthorized construction that is erected above structures on the ground is considered illegal construction.
Unauthorized constructions carried out on public land or in priority areas for tourism development are subject to confiscation.
Meanwhile, in the draft new criminal code, the criminal offense "Favouring unauthorized construction" has criminalized the performance of actions to favour planning instruments, urbanization projects, division into plots, re-division into plots, construction or performance of works or granting licenses in violation of the legislation in the field of territorial regulation, or concealment of violations of this legislation during inspections or failure to carry out mandatory inspections, by a person performing a state duty or public service. An offense punishable by 6 months to 3 years in prison.
Article 589 also penalizes the provision of assistance for illegal construction. Specifically, anyone who offers and performs services of entrepreneurship, supervision, or implementation of works in a construction that is known to be illegal is punished with a fine or imprisonment of up to three years.
Also, referring to the draft, the design, supervision, implementation or approval of construction works in violation of the law, planning documents, professional standards in force or in violation of the development or construction permit is punishable by imprisonment from 2 to 5 years.
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