Enforcement of Construction Law Article 18 and Interruption of Goverment Readjustment Share

Under the Construction Law No.3194, public improvements are carried out by municipalities and governorates with the purpose of obtaining housing zones suitable for housing. Pursuant to this improvements municipalities and governorates are entitled to assemble lots and lands, separate them to blocks and layouts suited for construction plan, dividing them to right holders and ex officio registration without seeking for lots and lands owners consent. In company with enforcement of Article 18, unbuildable areas are made into housing zones by socializing the space reserved for public services according to construction plan.

According to the Construction Law, during the dividing of lots and lands that are subject to development enough area from their acreage may sag as development readjustment share (DRS) in return for consequential increase of value. However DRS can be maximum 45% of the acreage of the lots and lands before development. If total for DRS is less than areas that need to be re-separated for public services, this missing area fulfills by municipalities or governorates by socialization.  Nevertheless DRS areas cannot be used apart from public services as road, square, park, parking area, playground, green field, chapel and police station.

Sometimes municipalities use these authorities unjustly and apply more percentage than what is prescribed by law. In such cases, as legal experts, we help our frustrated clients by remedies.



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