Summary.
The bill would require centralized combustible gas detection and alarm systems in horizontal property developments. It does so by amending Article 49 of Law 284 of February 14, 2022, which governs the horizontal property regime and supersedes Law No. 31 of June 18, 2010. The amendment would require co-ownership regulations to include such a system among a building’s safety, health and biosecurity protocols whenever the building is supplied with natural gas or LPG.
The system is defined as a single, indivisible safety network and classified as essential common property. It would comprise detectors in risk areas within individual units and a central alarm panel capable of identifying the unit where an alarm originates and activating the relevant emergency protocols. For new horizontal property developments, the promoter or developer would be responsible for installation. Where the promoter or developer no longer administers the development, installation would fall to its governing bodies.
Periodic maintenance, operation, replacement and any other expenses required for the integrated system to function would be paid from common expense funds, in accordance with the annual budget approved by the Owners’ Assembly. The Administration would be responsible for keeping the system continuously operational. Owners and occupants would have to allow access for maintenance and refrain from disabling or tampering with the system.
At a horizontal property development’s request, the Ministry of Housing and Land Use Planning (Ministerio de Vivienda y Ordenamiento Territorial) could grant one (1) postponement for a period of one (1) year to implement the obligation after the proposed law enters into force. The ministry’s Horizontal Property Directorate (Dirección de Propiedad Horizontal) would be empowered to sanction a noncompliant horizontal property development according to the monetary amount established in Article 108, subsection 12, of Law 284 of February 14, 2022. The bill also reiterates that it amends Article 49 of that law.
The Executive Branch would issue implementing regulations within six months of promulgation. The bill declares the proposed law a matter of public order and social interest, gives it retroactive effect, and provides that it would enter into force one (1) year after promulgation.
In Panama, the proposal would involve the Ministry of Housing and Land Use Planning (Ministerio de Vivienda y Ordenamiento Territorial) and its Horizontal Property Directorate (Dirección de Propiedad Horizontal). It would also reach horizontal property developments supplied with natural gas or LPG and could be of interest to promoters, developers, administrations, owners, occupants and suppliers of detection and alarm systems.
What it proposes.
- Centralized combustible gas detection and alarm systems in horizontal property developments.
- Minimum content of co-ownership regulations for buildings supplied with natural gas or LPG.
- Responsibility for system installation, funding, operation and maintenance.
- Postponement of implementation and sanctions for noncompliance.
Who it would affect.
- Horizontal property developments supplied with natural gas or LPG.
- Promoters, developers and governing bodies of horizontal property developments.
- Administrations, owners and occupants of those developments.
Key points.
- Proposes making centralized combustible gas detection and alarm systems mandatory in horizontal property developments.Art. 1
- Requires the system to form part of the safety protocols in the co-ownership regulations of buildings supplied with natural gas or LPG and classifies it as essential common property.Art. 2
- Requires detectors in risk areas of individual units and a central alarm panel that identifies the unit of origin and activates emergency protocols.Art. 2
- Assigns installation to the promoter or developer in new developments and to governing bodies where the promoter or developer no longer administers the development; charges operating costs to common expenses.Art. 2
- Requires the Administration to keep the system operational and owners and occupants to permit maintenance access and refrain from disabling or tampering with it.Art. 2
- Allows a request for one (1) postponement for a period of one (1) year and empowers the Horizontal Property Directorate to sanction noncompliance under Article 108, subsection 12, of the amended law.Arts. 3-4
- Reiterates the amendment to Article 49, assigns implementing regulations to the Executive Branch, gives the proposed law retroactive effect and sets its entry into force.Arts. 5-8