The Legal Consequences OF Violating THE Provisions OF THE Building Permit IN THE Jordanian Legislation: A Comparative Study

Abstract

The building permit and the provisions governing it represent a great importance in regulating construction work in light of the technical and aesthetic progress that life is witnessing at the present time in order to achieve the private interest of the owner of the building and at the same time to achieve the public interest represented in regulating the rights and obligations of neighbors among themselves and facing the public road.

For all this, this study dealt with the legal impact of violating the provisions of the building permit according to the Jordanian legislation, and through three topics. The first topic dealt with: the definition of the building permit and its parties, while the scope of the building permit was discussed in the second topic. As for the third topic, it dealt with the obligations of the licensee and the legal impact of violating the provisions of the building permit.

The study reached a number of conclusions and recommendations, the most important of which was the recommendation to the Jordanian legislator to include the following text in the provisions:

“The owner or his representative, whether a government agency or legal or natural persons, must obtain a building permit when constructing a new building, expanding it, or maintaining it if the maintenance affects the structural elements of the building. The competent authority shall decide on the issue of the permit within thirty days from the date of submission of the application. If the committee does not decide on the application for the permit, this shall be deemed acceptance by it of the building permit, with the owner bearing all responsibilities for any violation of the building conditions. With regard to government projects and investment projects, they are decided upon through a specialized committee.”

We recommend the Jordanian legislator to take into account the position of both the French and Algerian legislators in determining the right of the tenant to apply for a building permit, with the condition that he obtains the owner’s approval before that.