The Ombudsman asked the ministries of family and the infrastructure and construction to present data on the scale of the problem and to consider whether in this case it is not necessary to take legislative action or organizational, to protect against homelessness.
Concern ROP aroused action Polish Association of allotment (PZD) , which resulted in people living in adjoining arbors built illegally or persons resident in the allotments, would be deprived of the right to the plot. – Such persons, including families with children, people with disabilities and older will be evicted without the right to social housing – said the spokesman. In his opinion, it may be that soon, many people will require housing assistance from the municipalities, including in particular measures to protect against homelessness .
RPO provides for the Polish Association of Allotment, that only in the district of Poznan PZD plots lives of almost 4 thousand. people, and permanent registration in the allotments is more than 1.7 thousand.
The Commissioner stresses that the arrangement of the PZD years of neglect in enforcing laws against illegal construction of buildings on the plots is justified. It is believed, however, that the adopted legal solutions unduly interfere with the rights of property allotment.
According to the ROP would be sufficient commitment associations garden to reporting to the supervisory authorities of construction of cases of illegal construction works in allotments. In case of infringement, the supervisory authorities would be obliged to bring investment into compliance with the law.
“It is such consequences are sufficient to achieve the status of compliance with applicable laws. The use against allotment of additional sanctions in the form of termination of the contract, entitling use of the plot, as well as loss of property plantings, equipment and facilities made unlawfully, seems too strict “ – says the spokesman.
In December 2013,., the Act which strengthens the functions of the plot as a place that meets the needs of leisure, not used to reside or conducting its business. The Act introduced a definition of gazebos allotment and excluded from the arbor customized, non-compliant construction. Also imposed on associations garden obligation to notify the infringement to the competent public authority. Statements of this situation could be the rise to the termination of the contract, entitling use of the plot .
According to RPO sanction is severe, because the results, as a result, not only the deprivation of a person’s rights to use the plot but also to all equipment and facilities, which are his own.
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