Administrative control in the field of urban land uses

• Main Authors: Alia Ghazi Musa, Shaymaa Saadoun Aziz
• Format: Article
• Language: Arabic
• Published: University of Mosul College of Law 2020-10-01
• Series: الرافدین للحقوق
• Subjects: administrative control; building permit; trespassing on state lands
• Online Access: https://alaw.mosuljournals.com/article_166867_c7db307ce6331d043f24400b4b1b9225.pdf

<strong>The administrative control system in Iraq is considered one of the most important jobs in the state that aims to protect the public system in society and maintain it and prevent its violation and breach of it, as this protection includes the elements of the traditional public order (public security, public health, public tranquility and public morals) as well as its modern elements (preserving the environment And coordinating the aesthetic of cities) which the administration seeks to preserve by imposing procedures and controls through prior licensing in construction and not to overtake the state,s lands.</strong> <br /><strong>    Building permits are one of the legal tools for controlling the construction of buildings, because through them the relevant administrative authorities simplify their control over the construction.</strong> <br /><strong>   The importance of the research lies in that it is closely related to the life and safety of individuals and society, and the intervention of the administration here is to find a kind of balance between the freedom of individuals in building and respect for the rules of urban planning on the one hand and the authority of the administrative authority, which is represented by a set of restrictions imposed on the applicant for licensing through the imposition of rules and technical controls for construction And safety conditions and rules for maintaining public order in order to ensure urban development and to avoid random settlements that have emerged rapidly in the form of overtaking on state lands in all of Iraq after 2003.</strong> <br /><strong>   The research also aims to shed light on the building related laws, the Municipalities Law No. 13 of 2001, and the Environmental Protection and Improvement Law No. 27 of 2007.</strong> <br /><strong>   The research problem lies in the lack of an integrated legal system for building permits in Iraq, as well as an increase in informal settlements due to the poor control of the specialized administrative agencies.</strong> <br /><strong>    For this reason, we divided the research into two topics. In the first topic, we deal with administrative control in the field of construction, and the second topic is the general provisions for building permits and penalties for breaching building permits. In the conclusion, we discussed the most important results and proposals.</strong>