Parliament Act No. 13 Of 26 May 2010 On The Construction

Original Language Title: Inatsisartutlov nr. 13 af 26. maj 2010 om byggeri

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Parliament Act no. 13 of 26 May 2010 on the construction

Modified repeals, hovedlov replaces information

Change
Landsting Regulation no. 11 of 5 December 2008 on planning and land use

Hovedlov to
Home Rule Executive Order no. 13 of 18 August 2006 on building authority


Chapter 1

The purpose and scope


§ 1. This law aims:
1) to ensure that buildings designed and constructed so as to provide satisfactory safety in fire, safety and health standpoint,
2) ensure the building and the buildings belonging undeveloped land gets a satisfactory quality, taking into account the intended use and properly maintained,
3) promoting handicap accessible layout of buildings,
4) promote architectural quality in construction,
5) promote measures to deter unnecessary use of resources in settlements, as well
6) to promote the use of environmentally friendly materials in construction.

§ 2. This Act shall apply to:
1) the construction of new buildings and additions to buildings,
2) remodeling and other changes in the settlement, which is significant in relation to the provisions of the Act or in under the law drafted provisions
3) changes in use of buildings that are significant in relation to the provisions of the Act or pursuant to the Act issued regulations, as well
4) demolition of buildings.
Subsection. 2. The settlement means buildings and other fixed structures and sites where its application to fixed structures and systems are justified on the grounds that the law seeks to protect.
Subsection. 3. The law covers existing buildings, regardless of the time of the settlement's construction, when the individual provisions expressly provide for this.

§ 3. In building regulations, see. § 5 can be determined that this law and pursuant to the Act issued regulations or partially not need to include certain types of buildings. It is for example on bridges, tunnels, roads, and water supply systems, etc..


Chapter 2

Requirements for construction, decoration and maintenance of buildings and for building belonging undeveloped land


§ 4. A settlement can only be used when there is:
1) diversion or disposal system for sanitary wastewater, which is in accordance with environmental protection legislation
2) drinking water supply, which is in accordance with water legislation and
3) responsible option for firefighting in accordance with emergency response and fire protection laws.
Subsection. 2. Are the terms of paragraphs. 1 not met before settlement begins, the municipal council may require assurance that the work is carried out before the buildings into use.

§ 5. The Government shall issue a building code, which lays down rules under this Act.

§ 6. In building regulations may provide for the construction and layout of buildings with regard to:
1) the performance of safety, fire and health considerations
2) performing technical installations, including provisions ensuring possibility of subsequent installation of sanitary and technical facilities, as well as permanent installations of technical aids for the disabled,
3) an appropriate level design of residential buildings, taking into account the intended use,
4) the arrangement of buildings and fixed structures and plants in such a way that the buildings can be used by disabled persons
5) the use of target standards, which promote the use of standardized building components, installation parts and fittings
6) measures to discourage the unnecessary energy consumption in both existing and in new complex,
7) calculation of building heights and areas and determining the contour lines of the buildings and the terrain on this,
8) measures to discourage the unnecessary consumption of raw materials, both in existing and in new buildings, including provisions on the application of certain materials or structures and the recycling of materials, as well
9) measures that may contribute to a rational operation, maintenance and renewal of buildings and installations.
Subsection. 2. Building Regulations may relate to rules about workspaces provide for the execution and design of health and welfare measures for the workers, for example. living and dining rooms, wardrobes, dressing rooms, toilets, washing and bathing and sleeping places and fixtures.
Subsection. 3. Building Regulations may of health and safety considerations be made for the operation and maintenance of technical installations. The rules apply to both new and existing plants.


§ 7. Building Regulations can be made for the size, construction and fitting out of the buildings belonging undeveloped land to ensuring satisfactory recreation areas for children and adults, access and access conditions, life opportunities for the fire service and parking.
Subsection. 2. Undeveloped land is zoned and approved in accordance with the rules drawn up in accordance with paragraph. 1 shall not be used contrary to the purpose for which they are zoned for. When in a building listed before its adoption, are free sites that are suitable to fulfill the paragraph. 1 stated purpose, the municipal council may object to being built on or used in a way that would be contrary to these purposes.
Subsection. 3. Rules laid down under paragraph. 1 shall not apply in cases where a local plan or municipal constitution provides for the conditions under subsection. 1.

§ 8. Building Regulations may be established concerning the relationship between the development's height and its distance from the road and neighboring buildings to ensure satisfactory building distances and light conditions.
Subsection. 2. Rules laid down under paragraph. 1 shall not apply in cases where a local plan or municipal statute been provided for in paragraph. 1 hereof.

§ 9. The following settlements must, to the extent they are not covered by provisions of the building code entered by the demands of the local council in each case ask for the reasons indicated by the act to perform:
1) buildings and larger premises for shops, offices, industry, workshop and warehouse.
2) Churches, theaters, hotels, nursing homes, hospitals, detention centers, buildings for education, exhibition or entertainment purposes as well as in the entire buildings or larger premises where many people gather.

§ 10. Houses, the for building belonging undeveloped land and thereon devices must be kept in good condition so as not to endanger the development's residents or others or otherwise has significant shortcomings. Complex be kept in a location in the light of modest condition.
Subsection. 2. Paragraph. 1 applies, regardless of when the buildings are listed.

§ 11. The Government may establish rules that in new construction and in existing buildings to install meters for individual metering of consumption items for electricity, water and heating, and carried allocated the necessary technical installations.
Subsection. 2. The Greenland Government may lay down regulations to individual meters to be used as the basis for measuring consumption, and in what cases the exception to the requirement for individual metering.
Subsection. 3. The Government may lay down rules that, when measuring the heat consumption for residential or commercial units with exposed location must be corrected for the increased heat loss and rules for dealing with such cases.

§ 12. The Greenland Government may in the building code, see. § 5, provide for accessibility provisions to be applied to alterations and other changes in existing settlements, even if the planned conversion or change does not include issues of significant importance for the settlement availability. The Government can lay down on economic relationships between construction costs for the implementation of the planned project and construction costs of implementing accessibility improvements for the provisions to ensure that there is a discrepancy between the cost.
Subsection. 2. The following paragraphs. 1 established rules may include the following categories of existing buildings:
1) Public buildings.
2) Commercial Building project for administration and service.


Chapter 3

Administrative provisions


§ 13. Workers covered by § 2, shall not be commenced without a building permit from the local council. The local authority may require the applicant to provide the information necessary for the assessment of the application. A building permit can be divided into deltilladelser whose construction by the municipal council's discretion may commence until all conditions in building the case is finally settled. A permit lapses if it is covered by the license work has not begun within one year from the authorization date. Must it be assumed that a project that includes several buildings, can not be completed within 2 years after its commencement, the authorization may be limited to part of the project.
Subsection. 2. Building Regulations can be introduced to the local council not to grant a license under paragraph. 1 before granted authorization required under other legislation to the mark.


§ 14. Workers covered by § 2 may not be used without the municipal council's authorization. In building regulations can be recorded for the provisional entry into service of a construction work before it is finally completed.

§ 15. The building regulations allow for the introduction of restrictions on requirements for authorizations as referred to in § 13 paragraph. 1 and § 14, including those wholly or partially exempts certain types of buildings from the requirements.

§ 16. It is incumbent on the current owner of a building to rectify the conditions that are in violation of this Act or pursuant to this Act lays down. Consists relationship in an illegal use of the building, the obligation is also user.
Subsection. 2. The owner or operator who fails to comply with one of the local council announced an order to rectify an illegal relationship, by judgment imposed within a set time limit under duress of consecutive penalties to correct the matter. The fines accrue to the Treasury.
Subsection. 3. When a judgment by order notified to rectify illegal actions is not honored on time, and the recovery of fines and penalties can not be assumed to mean that the injunction is granted, the municipal council may make it necessary to relationship correcting the owner's or user's expense.

§ 17 event that, because of deficiencies in the settlement danger to residents or other local council may require that the buildings and surrounding land to the extent necessary shut off and vacated. If an order to shut-off and evacuation is not immediately granted, it may by judgment be implemented by the local council at the owner's expense.


Chapter 4

Municipal approval


§ 18. The municipal council shall ensure in the procedure that the law and the rules laid down by this Act are complied with.
Subsection. 2. The municipal council shall ensure that orders under the Act or these rules are observed, and conditions specified in permits or waivers observed.
Subsection. 3. Will the local council aware of an offense, it shall seek the relationship legalized.
Subsection. 4. An injunction stopping construction work commenced without the necessary authorization, can not be appealed in accordance with § 23, unless it is claimed that the work does not require prior authorization.


Access without a court order


§ 19. The municipal council may without a court order requiring access to a building to examine whether there has been violation of the law or pursuant to this Act lays provisions and required conditions.
Subsection. 2. The municipality's supervisory staff must present identification on request.

§ 20. The police shall provide municipal assistance to obtain under the law provided access to a property and to implement a shut-off and evacuation according to § 19

§ 21. building regulations may provide for the municipal administration of the Act and the provisions issued pursuant thereto.
Subsection. 2. The Government may provide local councils' cooperation with other authorities on the administration of the provisions governing the settlement.


Chapter 5

Exemption access


§ 22 may be granted exemption from the provisions of the Act and in accordance with statutory provisions if it is deemed compatible with the considerations that underlie those provisions.
Subsection. 2. Exemptions from the under § 8, the rules imposed by neighbors' interests can only be granted after at three weeks after the local council has informed neighbors of the referred building on which the exemption is sought and that any comments can be sent to the local council within 3 weeks.
Subsection. 3. A waiver will lapse if within two years permit for the construction work, which the waiver relates. Coming a construction which has been granted a waiver not to perform lapse waiver along with permission for building work starting, see § 13, paragraph 1.
Subsection. 4. Exemptions granted by the local council. The Government may provide municipal exercise of waiver authority.




Chapter 6

Complaints


§ 23. Local council decisions relating to matters covered by this Act. However, § 18 paragraph. 4 may, as regards legal issues, appealed to the Government of Greenland.
Paragraph 2.. Local council decisions can not otherwise be appealed to another administrative authority. Greenland Government's decisions under subsection. 1 can not be appealed to any other administrative authority.

Subsection. 3. Local council decisions may be appealed by anyone with significant individual interest in the outcome.

§ 24. Unless otherwise specified, the appeal period 4 weeks from the day the decision is communicated to the addressee.
Subsection. 2. Complaints about one of the municipal council orders does not exempt to comply with this. However, the appellate authority decide that an appeal should have suspensive effect.

§ 25. Proceedings for the trial of decisions taken by the administration in accordance with this Act or pursuant to this Act lays down must be brought within 6 months from the day the decision was communicated to him.


Chapter 7

Fixed-term and conditional authorizations


§ 26. A municipal council authorization under this Act may be granted temporary or for an indefinite period in a case in which its specific nature of, the way location or other special event, a time limit required.




Chapter 8

Fees


§ 27. The Government shall lay down rules concerning fees for local councils' processing of applications under the Act.
Subsection. 2. The Government may lay down rules concerning fees for the measures undertaken pursuant to § 5, paragraph. 3 and § 11

§ 28. The fees specified in § 27, and the amount that the municipal council under the Act has been provided in advance, can be recovered by distraint on the property.
Subsection. 2. Accrued fees and charges in accordance with paragraph. 1, can also be recovered by deduction from salaries in accordance with Rule Act on recovery and prevention of arrears in the public sector.


Chapter 9
Penalties



§ 29 fines may be imposed on persons who:
1) commences construction work, take a construction in use or otherwise take measures without obtaining permission as required by law or pursuant to this Act lays down or implement a construction or other measures which require prior authorization, otherwise than is permitted by the competent authority,
2) disregards the conditions laid down in a license under the Act or pursuant to this Act lays provisions
3) fails to comply with an order or prohibition issued under the Act or pursuant to the Act issued regulations or
4) fails to carry out maintenance work, which is necessary to avoid the emergence of a risk of settlement's residents or other .
Subsection. 2. In regulations issued pursuant to this Act may provide that the violation of the provisions of the regulations incur a fine.
Subsection. 3. Is a construction work on illegal way, incumbent fine responsibility on, which has conducted the work, or the one who has done it in the circumstances both of them. Anyone who has had work done, be held liable solely when he can not abandon anyone, against whom a fine responsibility may be invoked, or when he has contributed to the offense knowingly or with certain presumption of the illegality. This responsibility may be as the case may be waived for the first section. persons mentioned.
Subsection. 4. Where the Act or regulations issued pursuant to the Act provides for the imposition of fines, the fine imposed on a legal person under the provisions of the Criminal Code for Greenland.
Subsection. 5. Fines imposed under this Act or the regulations under this Act shall accrue to the Treasury.


Chapter 10
Entry into force

§ 30. The Greenland Parliament Act comes into force on 1 July 2010.
Subsection. 2. At the same time §§ 33, 34 and 35 of the county Regulation no. 11 of 5 December 2008 on planning and land use.
Subsection. 3. Terms and conditions issued pursuant to the paragraph. 2, the county Regulation shall remain in force until replaced or repealed by regulations established under this Act.

§ 31. Defence area Pituffik are exempt from this law.





Greenland, May 26, 2010




Kleist
/
Jens B. Frederiksen

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