Urban planning: The new inspectors will soon jump in
Will the fight against urban planning and construction offenses finally be effective and intractable? In any case, the head governors (“walis”), governors, directors of urban agencies, presidents of regional councils, and regional urban planning inspectors have just been informed, via a circular from the Ministries of the Interior and Housing dated July 27, of the new rules for monitoring town planning violations.
The two ministerial departments will soon appoint inspectors responsible for noting and taking enforcement measures in matters of town planning and construction. Some inspectors will report directly to the walis or governors, and others will report to the regional Urban Planning and Architecture Inspectorate. Applications must be forwarded to both ministries no later than August 20.
Given the interest in preserving consistency between buildings and the laws and regulations, urban planning inspectors have the same power as the judicial police. They have extended prerogatives in terms of inspection and enforcement measures, in particular the power to issue formal notices for the cessation of works in violation, the confiscation of construction equipment and materials, without forgetting the power to put seals on the construction sites and to bring any irregularities into compliance. The inspectors carry out their mission either spontaneously or at the request of the administrations concerned. Their mandate is to carry out permanent inspections of construction sites to note infringements and draw up infringement tickets in accordance with the guide which was published in Official Gazette No. 7091 of May 16. As a reminder, violations can automatically trigger legal proceedings.
The inspection and enforcement, in matters of urban planning and construction, fall within the remit of the caïds and pashas as administrative officers, on the one hand, and within the remit of the inspectors reporting to the walis and to the governors, to the regional Urban Planning Inspectorate, or to other entities, on the other hand. Therefore, coordination between the various stakeholders is essential. Thus, in view of the implementation of an integrated digital system dedicated to inspection, monitoring, and coordination, the ministries concerned are called upon to standardize their approach so as to guarantee its effectiveness and efficiency while respecting the regulatory provisions and laws in force.
H.E.
