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Illegal house in Famalikau punished with 10,000 euro fine and closure

The Court of Appeal of Guimarães upheld a fine of 10,000 euros against the owner of a house in Famalicana, where four elderly people lived, for not meeting the necessary requirements for this.

A judgment dated May 25, this Wednesday, consulted by Luza, still applied the additional sanction to close the establishment.

The facts date back to October 2, 2014, when an audit by the Social Security Service found that four elderly people lived in the housing in question.

According to the court, in exchange for accommodation and other services provided, the elderly paid a monthly fee ranging from 500 to 700 euros.

The Court also notes that the premises intended for the reception of the elderly did not have a control area and technical and administrative services, a sanitary installation divided by sex to support a living and working area or a dining room, a removable system between the beds. this would guarantee privacy for residents, a nursing service area, and private rooms.

There was also no National Civil Protection Authority-issued fire safety certificate or self-protection certificate, and no fire extinguishers, signage, emergency lighting, automatic fire detectors, alarm and control station, or health and hygiene certificate. Health Administration.

The Court adds that there was no inspection of the hygienic condition of the hygienic equipment, as well as liquid soap dispensers or paper towels.

The equipment did not have a technical direction, a socio-cultural animator or a social educator or a geriatric technician, a nurse, a cook and a cook’s assistant, an assistant and a direct action assistant.

The owner of the house argued that the house should not qualify as a residential building for the elderly, but as a foster family.

He stressed that one of the older people who was welcomed there was a family member as he was his uncle, so he could not be counted for the purposes of the ratio provided by law.

Ultimately, he believed that he should have been fined for finding four people sheltering in his home, and in no case for not complying with the requirements of the law for residential buildings for the elderly.

Initially, the Social Security Institute imposed a fine of 20,000 euros, but the owner of the house filed an appeal and the court reduced the amount by half.

Author: Portuguese
Source: CM Jornal

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