Status Report

The situation of danger is identified by the intervention of the competent municipal or intermunicipal services.

For this purpose, the mayor may cause all visits that seem useful to him to assess risk. Where the premises are for total or partial use as a dwelling, visits may be made only between 6 hours and 21 hours. If the occupier opposes the visit or the person entitled to authorize access could not be contacted, it is necessary to obtain the authorization of the liberty and detention judge of the court of justice of the location of the building to carry out the visits.

Municipal or inter-municipal services shall establish a status report.

The report shall be made available to the person who is to carry out the measures to remedy the situation of danger, i.e. the proprietor or the holder of rights in rem in immovable property. The latter may submit its observations within a period which may not be less than 1 month.

If the current address is not known or because the person cannot be identified, the information about him is displayed at the town hall and on the facade of the building.

When the disorders concern only the common areas of a condominium, information on the availability of the report shall be made available to the joint owners' union taken in the person of condominium trustee. The trustee shall immediately forward this information to the co-owners.

The liquidator may submit his observations within a period which may not be less than 2 months.

Report of an emergency expert

The mayor may ask the administrative tribunal the appointment of an expert to examine buildings (including adjacent buildings), to make a statement of their condition and to propose measures to end the danger.

This request comes before the mayor takes a decision safety order for the property.

The expert shall give his opinion within 24 hours from its designation.

If the expert's report concludes that there is an imminent danger, the mayor must act by implementing an emergency procedure. In this case, the Mayor shall order, by order, the owner or holder of rights in rem in immovable property, and without prior adversarial procedure, the measures necessary to put an end to that danger within a period which it shall lay down.

Where no other measure can be taken to avert the danger, the mayor may cause the demolition complete property. It must have been authorized to do so by judgment of the President of the Judicial Tribunal ruling in interlocutory.

If the necessary measures have not been carried out within the deadline, the mayor shall do so to execute automatically.

However, if the measures have brought the danger to a lasting end, the mayor takes note of their completion and date of completion, and takes a order for release.

Contradictory procedure

A procedure contradictory is put in place with the person who will have to carry out the measures to remedy the situation of danger.

The mayor shall at the same time inform the occupants of the implementation of this procedure. This information shall be provided by one of the following means:

• Mail
• Discount against signature
• Display on the facade of the building.

Where the immovable is co-owned, the adversarial procedure shall be carried out with the syndicate of co-owners represented by the liquidator, who shall immediately inform the co-owners and occupants.

Safety Order

One safety order shall be taken by the mayor at the end of the inter partes proceedings.

Depending on the circumstances, the Mayor may prescribe the following measures:

• Repair or any other measure to remedy the situation (including, where necessary, measures to maintain the soundness of adjacent buildings)
• Demolition of all or part of the building. Demolition can only be decided if there is no technical means to remedy the situation of danger or when the measures necessary to restore the property to standard would be more costly than its reconstruction
• Termination of the provision of the premises or installation for housing purposes
• Prohibition to live, use, or enter the premises, temporarily or permanently. The final prohibition can only be decided if there is no technical means to remedy the situation of danger or when the measures necessary to restore the property to standard would be more costly than its reconstruction.

The order also mentions the following information:

• Time limit within which the measurements must be carried out (this time limit may not be less than 1 month from the notification of the safety order)
• Consequences of non-execution of the measures (payment of a penalty payment per day of delay, ex officio execution of the works at the expense of the person who must execute the measures...).

The safety order shall be notified to the person required to carry out the prescribed measures.

If the person's address is not known or cannot be identified, the notification is displayed at the town hall and on the façade of the building.

Where the prescribed measures concern only the common parts of a condominium, the notice shall be given to the condominium owner's trade union, represented by the trustee.

The trustee must immediately inform the co-owners and occupants.

At the request of the mayor, the order is published in the real estate file or land book on which the property depends.

Payment of a periodic penalty payment

The amount of the penalty payment shall be fixed by order of the Mayor. Its amount may not not to exceed €1,000 per day of delay.

In fixing the amount of the penalty payment, the mayor shall take into account the extent of the measures prescribed and the consequences of their non-execution.

The penalty payment is due from the date of notification of the order pronouncing it and until the full execution of the prescribed measures.

Recovery of sums is initiated at the end of each quarter.

Where the decree concerns only the common parts of a condominium, it is the condominium owners who are liable for payment of the periodic penalty payment.

Where the order relates to a building in divisionHowever, the joint and several payment of the periodic penalty payment must be made by the joint and several holders.

The person required to carry out the measures must inform the mayor that they have been carried out in order to put an end to the imposition of the penalty payment.

Ex officio implementation of measures

The mayor may cause the prescribed measures to be carried out automatically at the expense of the person who was required to carry them out. The mayor must give reasons for his decision in order to intervene in his place.

The mayor may also decide to demolish the property if he has been authorized by judgment of the President of the Judicial Court ruling in interlocutory.

If the building is in co-ownership and if the failure to comply with the measures prescribed by the order is due to the failure of certain co-owners, the mayor may replace them for the amounts due on the date voted by the general meeting of the co-owners. It is then said that the mayor is subrogate in the rights and actions of the syndicate of co-owners.

The failure of the co-owners shall be characterized if, after being served with formal notice by the liquidator, they have not responded or have responded only partially to calls for funds intended to finance the prescribed measures within the period of 15 days from the call for such funds.

The trustee must inform the mayor, indicating the company steps to have the measures prescribed by the order carried out and providing him with a certificate of failure of the co-owners.

The mayor has one month to decide to replace the defaulting co-owners.

If the mayor decides to replace the defaulting co-owners, his decision is notified to the union of the co-owners, in the person of the trustee, and to the defaulting co-owners, to whom the sums paid on their behalf are also notified. Where all the co-owners fail to comply, the mayor may not resort to the substitution procedure but may have the prescribed measures carried out of his own motion.

Leases and rents

Where the order includes a permanent prohibition on the use and residence of the premises, leases and contracts of occupation shall continue to have effect.

However, the rent or any amount paid ceases to be due. The cessation of payment shall start from 1^er day of the month following the sending of the notification of the safety order (or its display to the town hall and on the facade of the building) and until 1^er the day of the month following the date on which the notification or posting of the order for release is sent.

Accommodation or relocation

The measures to be followed differ depending on whether the safety order contains a prohibition temporary or definitive to live in the premises.