Who will be fined for not removing snow from the roof?
The obligation to maintain the building in good technical condition and ensure its safe use lies with the owner or manager of the property. The legal basis is Article 61 of the Construction Act of July 7, 1994, which states that these persons must ensure the safe use of the facility.
This includes, among other things: It is necessary to regularly remove snow from the roof. Regulations do not specify the exact amount of rainfall that requires snow removal, but if accumulated snow poses a threat to building structures or human safety, immediate action must be taken.
Not a snow-covered roof. Who will check it?
Roof snow removal is supervised by authorities responsible for the technical condition and public safety of buildings, such as the Construction Supervision Department, the police, the City Security Department, and in relation to occupational safety and health regulations, the State Labor Inspection Department.
These agencies have the right to carry out both planned and emergency inspections. The latter may be due to reports from residents or neighbors, or due to snow damage occurring.
Officials and inspectors will check whether the building is being used according to regulations, and if any anomalies are found, they will demand that the threat be removed immediately. If violations are found, fines and lawsuits can be filed. According to construction law, the owner or manager of a building is obliged to provide access to technical documentation and make the premises available for inspection. Refusal to cooperate with administrative authorities will result in additional penalties.
What are the penalties for not removing snow from my roof?
Failure to remove snow from your roof can result in a variety of legal liability. Follow Art. According to Article 93 of the Law on Construction of July 7, 1994, a person who fails to fulfill his obligation to maintain a building in good technical condition shall be subject to fines in the form of a fine if the police or local authorities intervene. You can The amount for a security guard can reach up to 1,000 PLN.
However, if the property owner refuses to accept the fine, the case will be taken to court and the fine can be increased to PLN 5,000. More severe sanctions, such as restriction of freedom or deprivation of liberty for up to one year, are provided for in Article 2. Section 91a of the Act is concerned with situations where failure to clear snow poses a real threat to life, health, or significant property loss.
Building owners may also be subject to civil liability if snow or ice on their roof causes property damage or health hazards to third parties. Victims have the right to seek reimbursement for medical expenses, repair of damaged property, or compensation for damages sustained. The liability of an owner or manager is not limited to administrative penalties only, and civil claims can significantly exceed the amount of fines provided by law.
The most serious legal consequences relate to situations where the owner's negligence led to a construction disaster, such as a roof structure collapsing under the weight of snow. In this case, pursuant to Article 163 of the Criminal Code, the person responsible may be sentenced to imprisonment for 1 to 10 years. If it was unintentional, the penalty is less, but you could still be sentenced to 3 months to 5 years in prison.
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