Status Report

The director-general of the regional health agency (ARS) or the director of the communal health and hygiene service (SCHS) ascertained that the situation was unsanitary.

For this purpose, the prefect may arrange to have all visits that seem useful to him to assess the risks of unsanitary conditions. 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.

The Director of the LRA or CMHC shall establish a status report.

The status report is given to the prefect and made available to the person who will have to carry out the measures to remedy the unsanitary situation, i.e. 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 15 days.

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.

Emergency situation

In case of imminent danger, manifests or is established by the report of the LRA or the SCHS, the prefect orders, 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 prefect may have the demolition complete property. It must therefore have been authorized by a judgment of the President of the Court of Justice ruling in interim proceedings.

If the necessary measures have not been carried out within the time limit, the prefect shall do so to execute automatically.

However, if the measures have brought the danger to a lasting end, the prefect 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 unsanitary situation.

At the same time, the prefect informs 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.

Unsanitary treatment stop

An unsanitary treatment order shall be taken by the prefect at the end of the inter partes proceedings.

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

• Repair or any other measure to remedy the situation (including, if necessary, measures on the health of adjoining buildings)
• Demolition of all or part of the building. Demolition can only be decided if there is no technical means of remedying the unsanitary condition or when the measures necessary to restore the property to the standards would be more costly than rebuilding it
• 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 unsanitary condition or when the measures necessary to restore the property to the standards 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 unsanitary treatment 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 order for unsanitary treatment 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 property is co-owned, notification shall be made to the syndicate of co-owners, represented by the trustee. The trustee must immediately inform the co-owners and occupants.

At the request of the prefect, the decree 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 Prefect. Its amount may not not to exceed €1,000 per day of delay.

In fixing the amount of the periodic penalty payment, the prefect shall take account of the extent of the measures prescribed and the consequences of failure to take them.

The periodic 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 prefect that they have been carried out in order to put an end to the application of the penalty payment.

Ex officio implementation of measures

The Prefect may, of his own motion, have the prescribed measures carried out at the expense of the person who was required to carry them out. The prefect must give reasons for his decision in order to intervene on his behalf.

The prefect may also decide to have the property demolished if he has been authorized by a judgment of the president of the court ruling in interlocutory.

If the building is in co-ownership and if the failure to carry out the prescribed measures is due to the failure of certain co-owners, the prefect may substitute for them the sums due on the date voted by the general meeting of the co-owners. It is then said that the prefect is subrogate in the rights and actions of the syndicate of co-owners.

The failure of the co-owners is characterized if, after being served with formal notice by the trustee, they have not answered or only replied partially to calls for funds intended to finance the prescribed measures within 15 days of the call for such funds.

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

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

If the prefect decides to replace the defaulting co-owners, his decision shall be notified to the syndicate of co-owners, in the person of the liquidator, and to the defaulting co-owners, to whom the sums paid on their behalf shall also be notified. Where all the co-owners have failed to fulfill their obligations, the prefect 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, rent or any other 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 order of treatment of the unsanitary condition (or its display at the town hall and on the facade of the building) and up to 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 unsanitary treatment order contains a prohibition temporary or definitive to live in the premises.