Text file: 9444.txt
author: Drzavljanka X
downvotes: 14
end consideration date: 2018-10-08
id: '9444'
number comments: 11
number views: 3348
proposal type: Competent authority response
response: "Response from the Ministry of the Environment and Spatial Planning\nHousing\
  \ regulations in Slovenian legislation are defined in Article 27 of the Housing\
  \ Act and Article 9 of the Regulations on the Management of Multi-apartment Buildings.\n\
  The legislation provides that the owners of a storey holding more than half of the\
  \ co-ownership shares may adopt a house code. In it, they lay down the basic rules\
  \ for neighbourly coexistence in a multi-apartment building. The owners shall lay\
  \ down the rights and obligations of the users of the various parts of the building\
  \ in the house rules in order to ensure the conditions for the smooth use of those\
  \ parts, to safeguard security and order and to ensure peace and cleanliness in\
  \ the building. The Rules on the Management of Multi-apartment Buildings also provide\
  \ indicative content for the house rules. For example, the owners shall specify\
  \ in the house rules:\n the peace of the house (restrictions on the use of household\
  \ machines and appliances after a certain hour), the use of common areas (for example,\
  \ how to access and secure facilities serving the whole building and how to use\
  \ common corridors, cellars), gross breaches of the house rules, which may be grounds\
  \ for an exclusion action, the way in which breaches of the house rules are to be\
  \ detected and remedied, the conditions under which pets may be allowed to stay\
  \ in the dwelling (for example, muzzling and leashing) and other rules of conduct\
  \ which the owners consider should be regulated in the house rules. \nSince neighbourly\
  \ relations are between the owners and the occupants of a particular multi-apartment\
  \ building, the owners must also lay down in the house rules the manner in which\
  \ infringements are to be detected and the manner in which infringements are to\
  \ be remedied.\nIn accordance with the provisions of the Code of Civil Procedure,\
  \ a gross breach of the fundamental rules of neighbourly coexistence may give rise\
  \ to an action for exclusion. If the cohabitation with the offender is unsustainable,\
  \ the owners of the storey holding more than half of the co-ownership shares in\
  \ the common parts may decide that the offender shall first be reprimanded. If he/she\
  \ continues to commit breaches, the owners may decide to bring an action for the\
  \ exclusion and sale of his/her individual share.\nThe unit owners may also bring\
  \ an action for nuisance under the provisions of the Civil Code, as the owners of\
  \ the property must exercise their right to property in such a way that they do\
  \ not disturb each other and do not cause damage to each other's property. The common\
  \ parts of a multi-apartment building must also be used by the ground floor owners\
  \ in accordance with their nature and purpose, in such a way as not to cause disturbance\
  \ to the other ground floor owners.\nFinally, we would also like to clarify that\
  \ the Housing Act gives the Housing Inspectorate of the Inspectorate of the Environment\
  \ and Spatial Planning of the Republic of Slovenia a number of powers in relation\
  \ to the infringements specifically mentioned by the petitioner. For example, the\
  \ Housing Inspectorate can take action in the event that a storey owner installs\
  \ devices on the common parts of the building without the necessary consent of the\
  \ other storey owners, such as the installation of an air conditioner and a satellite\
  \ dish on the fa\xE7ade of the building. In this case, the inspection body will\
  \ either impose a time limit for obtaining the consents or order the owner to remove\
  \ the devices and repair the damage caused if the consent is not obtained within\
  \ the time limit.\n "
response date: 2018-11-05
response due date: null
sent date: 2018-09-17
title: Imposition of penalties for non-compliance with the Rules of Procedure
upvotes: 15
url: https://predlagam.vladi.si/predlog/9444
