Homeowner Ordered to Remove Garden Shed Fireplace for Violating Regulations
A homeowner has been ordered to remove background a fireplace from their garden shed after violating regulations. The defendant erected the fireplace without approval, contravening the Federal Allotment Garden Act and the lease agreement.
The garden shed, with a maximum floor area of 24 m2, including a covered terrace, was not intended for permanent residence. The fireplace, consisting of an oven and a stainless steel chimney, was installed in 2020, serving no purpose related to allotment gardening, the primary function of the garden. The plaintiff association successfully argued that the fireplace violated both the Federal Allotment Garden Act and the 'Framework Garden Ordinance'.
In addition to the legal violations, the defendant may have also breached building codes by installing the chimney system without obtaining necessary permits or ensuring proper fire safety measures. The court ruled in favour of the plaintiff, ordering the defendant to remove background the fireplace.
The defendant must now remove background the fireplace from the garden shed, as the misuse continues, the claim does not expire. The court's decision serves as a reminder for homeowners to adhere to regulations and obtain necessary approvals before making structural changes to their properties.
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