08-07: Can building regulations be designed properly?
Process of buildings legalization in Republic of Macedonia from the perspective of the real estate cadastre
Agency for Real Estate Cadastre, Macedonia, Former Yugoslav Republic of
Objects constructed without licenses are generally known as illegal constructions, and are phenomenon that has occurred immediately after the Republic of Macedonia declared its independence. The obstructions pertaining to legal trade of the land under the influence of socialism (state ownership), typical for the period before the declaration of the independence (1991), accompanied by the accelerating migration of the population from rural to urban areas, high expenses associated with the regular construction of buildings, as well as the weak economic power of the population, to name but a few of the reasons contributing to the phenomenon of objects constructed without licenses, i.e. illegal constructions. In accordance with the legal regulations, objects that have been built without construction permission, or objects built contrary to the construction permit and beyond the planning scope, shall be considered as objects constructed without licenses.
Guidelines for formalization of informal constructions
1FIG International Federation of Surveyors, Greece; 2FIG, United States of America; 3UNECE WPLA, The Netherlands
UNECE and FIG recognize the need for guidelines to address informal development and to reduce the phenomenon. This paper deals with the terminology, provides a rational about the impact of no formalization, the concept underlying the need for formalization, explains why we need guidelines and who can benefit from these, as well as how these guidelines should be used. It then describes a global process for formalization that includes the cost-analysis of the problem, the preparation of a strategy, a communication plan, and of the framework for formalization. The framework includes guidelines for the definition of the various categories of informal constructions, the preparation of all legal and regulatory issues, the process to be followed for formalization, registration and monitoring, the penalties and fees, the involved institutions and the administration system. It also deals with the actions that should be taken in parallel and after the formalization and provides conclusions.
Between informal and illegal: comparative analysis of non-compliance with planning and building laws
Neaman Institue for National Policy Research, Technion, Israel
The degree of illegal / informal/ irregular development varies across counties, and most strikingly between the global north and global south. In the south, the reasons are often basic human needs for food or shelter. Land occupancy is often informal and tenure rights may be customary. Among the advanced economies, illegal construction usually occurs on one’s legally owned land. Why is it so difficult for governments to achieve compliance with planning laws, even where land right are not an issue?
The discussion of noncompliance usually neglects a key player: the structure of the planning laws and institutions. I will argue that planning laws are not “innocent” or neutral regarding degrees of compliance. Their format and contents may be contributing factors in the degree of non-compliance. The paper will provide a cross-national comparative analysis of different types and degrees of non-compliance and the response (or non response) of enforcement measures.
Modernizing planning and development regulations in the Gaza Strip, Palestine
1UN-Habitat, Palestinian Territories; 2Palestinian Housing Council, Palestinian Territories
The current planning and building regulations and by-laws prevailing in the West Bank and Gaza Strip do not fit the existing and the future Urban Development needs, hence reviewing and amending the existing planning by-laws becomes a must to achieve sustainable urban development in Palestine. The current building regulations depends mostly on determining the minimum setbacks and the maximum height limit the ability of architects to shape the urban form. This paper sheds light on new experiences to develop new set of regulations that the municipal councils have the ability to endorse in order to improve resilience of Palestinian communities through sustainable local development, building rights and access to basic services. These new attempts to update building and construction laws in the Palestinian territories will boost the efforts in the future to adopt regulations and standards that will achieve improved housing affordability, housing quality and sustainable human settlements.