مسؤولية الشخص المخالف لضوابط إجازة البناء : دراسة مقارنة

Abstract EN

The person wishing to build must adhere to the legal provisions predetermined by the legislation regulating urbanization and related to the building permit in terms of conditions for obtaining the building permit, whether these conditions relate to the request for leave, which is a preliminary and necessary procedure that must be followed by the person concerned with the leave in terms of submitting the leave request and the procedures that This request or the conditions related to the subject of the permit, i.

e.

construction works subject to this permit, pass by because the building permit is one of the most administrative means regulating one of the constitutional rights, which is the right of ownership guaranteed by the Constitution of the Republic of Iraq for the year 2005 B Item (first) of Article (23) must be stipulated by stipulating that (private property is protected, and the owner has the right to use it, exploit it and dispose of it, within the limits of the law), and item (second) of Article (27) by saying (is regulated by law, provisions relating to the preservation of state property And its management and the conditions for disposal thereof, and the limits within which it is not permissible to dispose of any of these funds), so the public interest, especially those that relate to construction, is what the legislator has hoped to interfere with by setting rules for this building and one of the most important of these rules is granting the building permit as it has become in most countries of the world One of the main means of respecting the rules for organizing and preserving the cultural character of cities is why Prevent the random construction that affects the health, aesthetic, and social aspects of residential areas, industrial and commercial areas.

Therefore, we find that the Iraqi legislator has worked hard to put some texts in the regular and subsidiary legislation to address this issue, including the Municipal Administration Law No.

(165) for the year 1964, as amended, and the Roads and Buildings System No.

(44) for the year 1935, and the legislator was not satisfied with that, especially after the spread of the random construction phenomenon in The cities of Iraq in a manner that violates the foundations and controls of urban planning in a manner that represents a serious transgression of regulations and instructions.

Therefore, we find that he issued specialized instructions for that which is the building permits system No.

(2) for the year 2016, and if he violates those provisions, he becomes subject to legal accountability by the administration, and therefore has the right to impose an administrative penalty.

Or non-management The goal of appropriate criminal or civil of the penalty.