No fine for every metre of illegal construction after all: MPs change their minds
The Legislative Chamber has removed from amendments to the Urban Planning Code a fine of five base calculation amounts, or 2.2 million soums, for every square metre built in violation of the rules. MPs explained that liability for such violations has already been tightened by another law.
The changes were explained by MP Odil Mamadaliyev when presenting the bill in its second reading.
According to him, the document originally had two main parts. The first strengthens the powers of the National Committee for Sustainable Urbanisation and Housing Market Development, and the second introduced monetary sanctions for breaching urban planning requirements. The second part was dropped during revision.
Why they decided against a new fine:
- a separate law tightening liability in construction was passed on 28 September: building an apartment block without a permit carries a fine of up to 450 base calculation amounts, and a repeat offence carries criminal liability;
- laws are in force on the liability of officials for illegal interference in construction and for moving residents into buildings that have not been commissioned;
- a fine based on floor area would apply equally to very different violations, risking disproportionate punishment and overlap with existing administrative and criminal law;
- from 2027, the "warning for a first mistake" principle is due to take effect, and a new monetary fine would not fit with it.
The adopted version contains no per-square-metre fine, while other penalties for construction violations remain in place.
Today the same chamber also passed a law protecting buyers of flats in new buildings.
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