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 40%
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
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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