Summary.
The bill establishes a simplified permit regime for temporary commercial structures in the Republic of Panama and proposes its use in economic development projects. It would apply to individuals or legal entities that install these structures anywhere in the country. To qualify, an installation must be intended to last no more than 10 years, consist of a temporary modular structure with no more than 200 m of construction, and be located on privately owned, leased, or loaned land with the owner’s express authorization. It must not be installed in protected areas or affect nearby protected areas; the activity must not be classified as having a high environmental impact, and a final dismantling plan must be in place.
An installation intended for food sales, personal services that do not involve healthcare, or other commercial activity in compatible zones would require a written permit from the Municipal Engineering Directorate (Dirección de Ingeniería Municipal) of the relevant district. The application must describe the work, identify the lot and its property registration, provide the details and signatures of the landowner, the structure’s owner, and the person responsible for the work, and state its value. It must also include the operating notice of the company responsible, prior authorization from the Community Board (Junta Comunal) of the relevant corregimiento, a detailed plan, and technical certification covering the equipment and its safety and structural systems. Qualified professionals must sign the plan in accordance with the rules of the Ministry of Housing and Land Management (Ministerio de Vivienda y Ordenamiento Territorial), state entities, and the relevant district’s Municipal Engineering Directorate.
During the authorized period, the permit holder must keep the structure safe, sanitary, functional, and aesthetically maintained. When the authorized period expires, the holder must remove and dismantle it within 30 calendar days or request a single renewal for an additional 5 years if it continues to meet the technical criteria. When the work uses cranes or forklifts, a technical report, structural calculations, sketches, and technical documentation for the equipment are required; the originals must remain at the worksite and be updated every 6 months. The occupancy permit is subject to the requirements of the municipal authorities of the relevant district.
Installation without meeting the minimum requirements or using false documentation would result in fines ranging from 500 balboas (B/.500.00) to 5,000 balboas (B/.5,000.00). Late removal would incur a daily fine of 50 balboas (B/.50.00), and the municipal authority could carry out compulsory removal at the offender’s expense. Fines would constitute municipal revenue, preferably allocated to urban planning. Sanctions would be subject to due process and could be challenged through the remedies provided by Law 38 of 2000. The bill gives its provisions precedence over incompatible municipal or administrative rules and sets its effective date as the day after its promulgation. Given its content, it concerns the municipal and community authorities mentioned, the Ministry of Housing and Land Management, and those who conduct commercial activities or build these structures.
What it proposes.
- Simplified permits for temporary commercial structures.
- Requirements for installation, occupancy, maintenance, and dismantling.
- Penalties and municipal powers relating to these structures.
Who it would affect.
- Individuals or legal entities that install temporary commercial structures.
- Permit holders and persons responsible for the work.
- Municipal authorities responsible for authorization, oversight, and enforcement.
Key points.
- The simplified regime would apply to structures intended to last no more than 10 years, with no more than 200 m of construction, that meet the conditions concerning land, environmental protection, and dismantling.Art. 3
- The Municipal Engineering Directorate of the relevant district would approve installation by written permit upon submission of the required application, authorizations, plans, and technical certification.Art. 4
- The permit holder must keep the structure in suitable condition and, when the authorized period expires, dismantle it within 30 calendar days or request a single renewal for an additional 5 years.Art. 5
- Work involving cranes or forklifts requires a technical report, calculations, sketches, and equipment documentation that must be kept at the worksite and updated every 6 months.Art. 6
- The occupancy permit would be subject to the requirements of the municipal authorities of the relevant districts.Art. 7
- Installation without meeting the minimum requirements or submission of false documentation would be punishable by a fine ranging from 500 balboas (B/.500.00) to 5,000 balboas (B/.5,000.00).Art. 8
- Removal after the deadline would incur a daily fine of 50 balboas (B/.50.00), with compulsory removal possible at the offender’s expense.Art. 9
- Fines would constitute municipal revenue; sanctions could be challenged through the remedies provided by Law 38 of 2000, and the regime would take precedence over incompatible municipal or administrative provisions.Arts. 10-11