haphazard construction of buildings and its legal implications

Section: RESEARCH
Issue
Vol. 22 No. 72 (2020): Volume 22 Issue 72
Published
Oct 1, 2020
Pages
1-36

Abstract

Haphazard housing is a building that individuals plan and construct on state-owned lands, and often these lands are on the outskirts of cities within unplanned and unregulated areas where construction is unpermitted. Practically speaking, it has become common to see individuals construct buildings that are incompatible with the urban sphere of cities violating Urban Planning Organization laws. And this problem is one of the most difficult problems facing the progress of the urban planning policies and authorities in most Arab countries, including Iraq, in which this problem has become seriously dangerous in light of the chaos the country is going through.
The countries that have suffered from this problem have tried to address it by diagnosis and treatment, and their legislative positions in this regard have varied between those who went beyond the weak party in the equation, considering the circumstances that pushed this person to overtake the lands of the state, as the Iraqi legislator does. The position of Iraqi law was embodied in the decision of the Iraqi Council of Ministers issued on 24/11/2019, which formalizes housing in informal settlements, and the Egyptian building Reconciliation Law (No. 17 / 2019).
Facing the realistic presence of this problem on the ground, and the seriousness of its social, health, environmental, and legal implications, this study attempts to shed light on the legal implications in the context of civil law. We attempt in this research to stand at some legal problems haphazard constructions, focusing on the problem of the legal value of the actions, rights of other people such as neighbors rights affected by these informal housing.

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Author

DHUHA MOHAMMED SAEED ALNOMAN

MOSUL UNIVERSITY - COLLAGE OF LAW/ ALBHRAIN UNIVERSITY- COLLAGE OF LAW

Identifiers

https://doi.org/10.33899/alaw.2020.166828
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