The rules regarding the inspection of construction works have recently been tightened. The new law conditions the intervention of inspection teams and increases the protection of owners' rights.
Most renovation work remains subject to licensing due to its urban impact. Work such as changing the architectural style of a building, painting the façade a different color from the original, or even altering the roof beyond mere repairs, for example, still requires authorization from the local council.
The law provides for the possibility of any construction, reconstruction, expansion, alteration, or conservation work being inspected, regardless of whether it is subject to licensing. Inspections are still not dependent on prior notification, but entering anyone's home without their consent is always dependent on a court order.
In the case of works requiring a municipal license, a visit from inspectors is almost certain. This inspection is primarily intended to ensure that the works comply with the respective licenses, to verify that the law is being complied with, and to detect any potential hazards to public health and safety. A building that is being painted a different color from the original, a roof that is being completely altered or enlarged, or other work that requires a municipal license will most likely be inspected.
The rules regarding the inspection of construction sites have recently been changed, although not all of them apply to condominiums.
It is now expressly provided that municipal inspectors and employees of private companies authorized to carry out inspections may be accompanied by security forces and civil protection personnel whenever there are concrete and justified doubts or the safety of people, property, and animals may be at risk. For example, if there is fear of aggression on the part of the owner due to threats, or serious suspicions that the construction work does not comply with minimum safety requirements, which could lead to scaffolding collapsing.
According to the new wording of the law, the rules have been tightened with regard to inspectors entering anyone's home. During the operation, inspectors should only remain on site for the time strictly necessary to gather information. The activities of the inspection teams are now also limited to the site of the intervention. If they are inspecting an annex, for example, they must limit themselves to that area.
Previously, the law made no mention of evidence gathering. Now it expressly states that evidence collected during an inspection operation must only relate to the scope of the activity being inspected. This means that if inspectors want to check whether the facade of a building has been modified in accordance with the license, they can take as many photographs of the facade as they deem necessary, but they cannot take photographs of elements that have not been modified.
By restricting the actions of inspection teams and imposing limits on their activities, this law protects the rights of property owners.
Source: condominiodeco
Legislação e Finanças