The Ombudsman has recommended that the capped fine amount for irregular development be increased from €50,000 to €100,000 “to better reflect current conditions and strengthen deterrence.”
He also said that the regulations be amended to “allow for the confiscation of mobile irregular structures, aligning enforcement with existing provisions under the Traffic Regulation Ordinance concerning the removal of encumbering objects.”
In a statement, the Office said these recommendations follow a complaint received alleging the “improper capping of the daily fine applied to a substantial irregular development.”
In response, the Commissioner for Environment and Planning launched an investigation into the adequacy of the existing regulations governing daily penalties and administrative fines.
The Office said that the investigation revealed that the current fines were established in 2012 and that the capped amount of €50,000 “neither reflects present-day realities nor serves as an effective deterrent against large-scale or persistent irregular developments.”
It was also found that the regulations “inadequately address mobile irregular structures – such as kiosks, canopies, tables, and chairs – since their mobile nature allows for easy removal and reinstatement, limiting enforcement to mere warnings with limited practical effect,” said the Ombudsman.
The recommendations by the Ombudsman were not implemented, the Office said. Consequently, the case was referred to the Prime Minister and the House of Representatives in accordance with the provisions of the Ombudsman Act.
Photo: Office of the Ombudsman