Bahrain: Court Orders Property Owner To Demolish Unauthorised Rooms
The High Administrative Court has ordered a property owner in Muharraq to demolish three rooms that were built without the necessary permits from the municipalities. The court emphasised that if the owner refuses to remove the violation, the Muharraq Municipality has the right to carry out the demolition at the owner’s expense.
Furthermore, the court stressed that the municipality is allowed to issue, within a maximum of 15 days from the date of announcing the decision to suspend the construction or the violation, a registered letter notifying the owner of the violation. The owner is then obligated to execute the decision within the specified timeframe.
If the owner refuses to comply or the specified timeframe expires without completion, the municipality is authorised to enforce the demolition administratively and by force, with the violator bearing all expenses.
It’s worth noting that the Municipal Council of Al Muharraq filed the lawsuit against the property owner, explaining that the judicial control officer had observed the defendant committing violations in the building he owns.
These violations include unauthorised construction work in his house, where he built three rooms in violation of the regulatory provisions for urban development in various areas of the kingdom and its amendments.
Additionally, the defendant enclosed the balconies on all floors of the apartments without obtaining the necessary permits, thus violating the regulatory provisions regarding the difference in the building ratio due to the previous exclusion of balcony space from the building ratio, in violation of the Building Law.
The plaintiff added that the defendant was notified in writing at the site to contact the judicial control officer to address the need to remove the violations. A report was then prepared for this violation, ordering the removal of the unauthorised construction. The plaintiff further stated that she had made repeated peaceful attempts to persuade the defendant to remove the aforementioned violations, but the defendant remained unresponsive.
