Criminal Offences in Ethiopian Building Laws


Proclamation no. 624-2009 Ethiopian Building Proclamation


CULPABLE INFRINGEMENTS OF BUILDING

47. Application of the Criminal Code

1/ Offences committed by government officials and other civil servants who are entrusted with the power of issuing construction work permits for construction works, or offences committed by registered professionals, contractors or by building owners in contravention of the provisions of this Proclamation shall be punishable in accordance with the provisions stipulated under this part.

2/ Notwithstanding the provisions of sub article
(1) of this Article, the provisions of the General Part of the Criminal Code relating to the commission of a crime and the sentencing thereof shall be applicable for crimes specified herein.

48. Improper Granting of Work Permit

1/ A building officer, or any other person who is vested with the power of granting permit for construction works intentionally:
a) grants construction work permit to a person who has no legal possession on the land on which the building is to be constructed; or
b) grants construction work permit to a person whose documents supporting the application are illegal or falsified; or
c)grants an occupancy permit to a person whose building design or the construction thereof is not in compliance with the relevant plan of the urban center in which such a building is to be constructed;
is punishable with rigorous imprisonment from five years to ten years and a fine not less than birr ten thousand and not exceeding fifty thousand birr.
2/ Where the crime specified in sub article (1) of this Article is committed negligently the penalty shall be imprisonment from one year to five years and a fine not less than one thousand birr and not exceeding birr five thousand.

49. Breach of Duty to Supervise

1/ Any building officer or other public servant or any other person under contractual agreement, who is entrusted with supervising a building under construction in accordance with this Proclamation, intentionally refrains from stopping or causing the stoppage of the construction of a building the illegality of which he knows or should have known shall be punishable with rigorous imprisonment from five years up to ten years and with a fine not less than birr ten thousand and not exceeding fifty thousand birr.
2/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine not less than one thousand birr and not exceeding birr five thousand.

50. Undue delay of Matters

A building officer or any other public servant vested with the power of the building officer, or who is in charge, at any level, of issuing any document under his authority, with intent to obtain an advantage, directly or indirectly, from any person interested in a matter brought to his attention by reason of his responsibility, or to benefit or injure any other party interested in such matter, fails, without good cause to decide on matters related to any construction work to which specific period is set by Regulation to be issued for the implementation of this Proclamation, or abuses the interested party contrary to law, or accepted office practices, is punishable with simple imprisonment extending from six months to three years and a fine from birr five hundred up to three thousand birr

51. Concealment of Facts and Making False Statements

1/ Any public servant who is entrusted with the filing, keeping, or verifying or delivering of documents related to the possession and use of land, as well as documents related to the construction of buildings thereon, with intent to injure the rights or interests of another, or to procure for himself or to another undue advantage:
a) procures a false statement which is not certified in a document, or contrary to the fact which is evidenced by such document; or
b) omits to declare or refrains from procuring a substantial fact contained in a document which is capable of altering the decision to be rendered;
is punishable from five years to ten years and with a fine from birr ten thousand to twenty thousand.
2/ Where such declaration or omission is committed by a public servant whose professional knowledge or his responsibility permits him to understand the consequences of the same, the penalty shall be from five years to fifteen years imprisonment and a fine from ten thousand to fifty thousand birr.
3/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine from birr one thousand up to birr five thousand.

52. Unauthorized Practice

Any registered contractor or sub-contractor who is found to have built a building the type of which should not have been performed by the qualified level issued to him by the relevant body or a person, without having any qualified license, is found to engage in construction the kind of which should have be performed by qualification, is punishable with rigorous imprisonment from five years up to ten years and with a fine from five thousand to ten thousand birr.

53. Use of Improper Materials or Defective Workmanship

1/ Any registered contractor or sub-contractor who is issued with a work permit by the relevant authority
a) performs a construction work with a low quality or below standard material in contravention of the standard set or the accepted practice for such type of construction; or
b) performs a construction work which causes damage as a result of his failure to rectify the errors on the design or other contract documents which were easily detectable by a professional of his kind;
is punishable with rigorous imprisonment from five years up to ten years and a fine from fifty thousand to hundred thousand birr.
2/ Any owner of a building who
a) causes the drawing up of the design or the construction work of such construction by a person who is neither qualified nor authorized to perform such works; or.
b) makes use of low quality materials which are not acceptable for the type of construction in question; or.
c) puts his building into a service to which an occupancy permit is not obtained or to a service other than to which a permit is obtained from the relevant body, or
d)constructs or causes the construction of his building in any other manner which endangers public safety;
is punishable with imprisonment from five years to ten years and a fine from birr twenty thousand to fifty thousand.
3/ Where the crimes specified in sub article (1) and (2) of this Article are committed negligently, the penalties shall be imprisonment from one year to five years and a fine from birr one thousand up to birr five thousand.

54. Breach the Duty of Proper Consultancy

1/ Any registered professional who is involved in a construction work as a design or construction consultant:
a) prepares the design or other relevant documents of a construction without having due regard to the general safety regulations set forth for such specific work; or
b)advises or permits a contractor or a supplier to procure or use a cheaper or, unwarranted quality or different material which is not acceptable by normal standards for the specific work, or relieves him of using a specific material essential thereto; or
c)approves a construction work capable of endangering public safely or the life, health or person of others or the safety of the property of another; is punishable with rigorous imprisonment from five to fifteen years or a fine from birr thirty thousand up to fifty thousand.
2/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine from birr one thousand up to five thousand.

55. Forgery of Government or Public Documents

1/ Any public servant with intent to obtain for himself or to procure to other undue advantage or with intent to cause damage in any manner destroys, endangers falsifies, deletes, or falsifies by modifying, deleting, or altering in whole or in part the terms or figures of government documents, instruments related to public interest or similar instruments or documents under his possession while he is carrying out his official responsibilities, is punishable with rigorous imprisonment from five years to ten years and a fine from birr twenty thousand to fifty thousand.
2/ Where the crime is committed by a public servant officially entrusted with filing, keeping documents specified in sub article
(1) of this Article, or controlling the same, the punishment shall be rigorous imprisonment from five years to twenty five years and a fine from birr twenty thousand up to birr fifty thousand.
3/ Where the crime specified in sub article (1) of this Article is committed negligently, the penalty shall be imprisonment from one year to five years and a fine from birr one thousand up to birr five thousand.

56. Suspension of Professional Certificates or Work Permits

The certificate or the work permit of a registered professional or contractor who is found guilty under this part of the law shall be suspended for a period from five years up to the maximum period stipulated under the contravened provision.

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