The latest version of the Urban Architecture Legal Regime Bill proposes allowing officers from the Land, Public Works and Transport Bureau (DSSOPT) to enter a property for inspection without court order even if not resident’s consent is obtained.
The Second Standing Committee of the Legislative Assembly is still studying the details of the draft legislation. After a recent meeting, the committee announced the proposal.
However, the committee stressed, this practice will only be allowed in one of three limited circumstances.
In principle, the committee said, consent must be obtained from the resident of a property before DSSOPT officers may enter for an inspection. The bill leaves three exceptions to this requirement.
The first exception is when the residence is an illegal structure, such as a rooftop bungalow. The second exception is when the building is in immediate danger of collapse. The final exception is when a situation hazardous to public health or personal safety is suspected.
On the other hand, the committee said that the government had added special stipulations to limit the power of the authority.
It is proposed that when DSSOPT officers enter and conduct inspection at a residence, they must abide with the “principle of appropriateness,” finish the inspection within a reasonable amount of time, and must focus only on the concerned areas, or areas with finished or ongoing work, within the residence.
The committee explained that, for example, DSSOPT officers will not enter the bedroom if the concerned area is the living room.
The bill also proposes to waive permits for civil engineering projects conducted at and by public administration bureaus. AL
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