
A landmark decision by a judge that enabled the Ministry of Housing to demolish a building (Albania Rodriguez) in El Café de Herrera sector of Santo Domingo West municipality may end up encouraging more people to complain. The structure was found to be in violation of building codes and that it posed a significant risk to the lives of nearby residents. What is extraordinary of this case is not the ruling, but the action of the Ministry to demolish the structure.
An estimated 70% of the constructions in low cost barrios are informal constructions that are built without adhering to the red tape required for legal constructions.
In recent years, several of these constructions have resulted in fatal tragedies, collapsing on the people inside or impacting neighboring constructions.
Recent cases in San Cristobal, Santiago and La Romana could have influenced the decision-making of the judges that ruled and issued the ruling that ordered the immediate demolition of the building.
In the recent Café de Herrera case, when neighbors raised their concerns, the Ministry of Housing (Mived) launched an investigation. Technical evaluations conducted by specialized agencies confirmed that the building presented an imminent risk of collapse, jeopardizing the safety of those living nearby.
To address the situation, MIVED filed an injunction in the local court system to protect the constitutional right to life and safety of the residents. Following a review of the evidence, including technical reports from the National Office of Seismic Evaluation and Vulnerability of Infrastructure and Buildings (ONESVIE) and the Dominican College of Engineers, Architects and Surveyors (CODIA), the court issued a ruling (Sentencia No. 551-2024-SSEN-00540) ordering the immediate demolition of the building and then acted to demolish the building.
“For the well-being and safety of all, we carried out the demolition of this building,” stated Carlos Bonilla, Minister of Housing and Buildings. “Illegal constructions are a danger to citizens, and we will not tolerate them.”
The Mived arranged for the temporary relocation of residents in the surrounding area, ensuring their safe transfer during the demolition process and oversaw every stage of the demolition process working with specialized organizations.
The action sets a precedent for residents who may find their property impacted by neighboring constructions.
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El Dia
12 February 2025