آليات الرقابة على عمليات البناء في التشريع الجزائري

Abstract

Urban area has seen serious transformations and fast at the same time, they have implications affecting the context of urbanization, strain the city's capabilities and drained the energies Limited, disfigurement urban fabric due to illegal construction taking worsens day after day on the technical aspects of account and the aesthetic of the city and its components until It threatens to become an environmental disaster. And it, granting the legislature broad powers of management to control and monitor the construction field in order to achieve the overall system, which is the activity of urban and beauty of the city of the most important elements, and by imposing urban licenses embodied primarily in the retail license and building permit, prior to the completion of construction in the framework of respect urban development and of the master plan for creating and reconstruction and occupation of land planned schemes, but before that it shall immediately establish an integrated legal system centered on the Real Estate Regulatory vessel and configured for various construction activities, under the protection of real property own restricted social function, to achieve the goals of urban policy . Also granted the legislator important powers of the administrative authorities for simultaneous control with the construction and setting up of irregularities committed du ring the execution of works or after you are done, it has authorized the Algerian legislature under the 90/29 law on configuration and reconstruction, broad powers to the President of the People's Municipal Council, so that is competent inherent in the fo llow-up and monitoring of construction works in all stages of completion. However, the effectiveness of these controls in the field have been limited and very limited, phenomenon of building non-legal in all its forms known significant expansion due to multiple factors interaction, so it adopted a legislator under the 08- 15 solutions law central to address the situation beyond the legal framework and data to achieve settled and adapted to rules of reconstruction. And as construction field knows many of the disputes and irregularities, whether it's the administration through its actions in violation of the procedures and prescribed fo rmats legally and there is prejudice to the rights of individuals and their property because of their media settings, or properties when not in compliance with legal requirements governing the construction activity, the eliminate administrative, both normal and intervene to reduce these irregularities and remove its impact, through the establishment of a balance between closely related to the right of the right concerned and the right to use the area in accordance with the legislative framework governing the operations of the construction.