Building licensing decision for publicly open facilities
Building Licensing Decision For Publicly Open Facilities:
- Multi-functional meeting rooms
- Exhibition halls, theater, cinema, or wedding,
- Groceries, malls
- Restaurants, cafes, classified or unclassified hotels
- Dance halls or games,
- Educational institutions, religious facilities,
- Clerk, banks and administrations
- Sports facilities
- Private clinics or hospitals
- High-rise buildings
Legislative and regulatory references :
- Law No. 122 of 1994 dated on November 28, 1994 relating to the edition of Land Initialization and Reconstruction Journal, as it was completed and revised by subsequent texts
- Law No. 87 of 1983 dated on November 11, 1983 about the protection of agricultural lands.
- Law No. 35 of 1986 dated on May 9, 1986 about the Protection of Archaeology, Natural and Urban locations.
- Decision of the Minister of Equipment, Housing and Land Initialization dated on 17 April 2007 regarding the regulation of documents constituting the construction permit file, its validity, extension period, and the conditions for its renewal.
- The Minister’s decision of Equipment, Housing and Land initialization dated on April 17, 2007 regarding the regulation to the composition and method of the municipal committees for building permits.
- Decision of the Minister of Equipment and Housing dated on August 10, 1995, regarding the regulation of exceptional cases that do not require the use of an architect to prepare engineering examples and construction projects.
- The Minister’s decision of Equipment and Housing dated on August 10, 1995, regarding the regulation of works related to the making of regular or necessary changes or repairs to an existing building that do not require a building permit.
- Post No. 5 of March 14, 2003 related to reducing the deadlines for delivery of building permits.
Conditions for having service :
The citizen must own the property to be built on.-
- This piece must come from an approved division, and that its nature do not contradict the assignment used as a configuration for the area.
-Respecting the established regulations regarding the protection of agricultural lands, in terms of monuments, historical monuments, natural and urban locations, and protected locations.
- The citizen must submit a complete, positive file in accordance with the legislation in force.
The required documents :
Submit a file containing the following documents:
1) A request on plain paper signed by the applicant or his representative.
2) A certificate of ownership, entitlement judgment, or other document in the applicant's possession of the piece of land to be built.
3) A deposit receipt declaring a tax on the income of natural persons or a tax on companies.
4) Payment receipt for the expenses employed on the property of the building permit application.
5) Topographic example of different levels of the land to be built on it and a hypothetic cut if it is located on a slope. This example will be prepared by a certified surveyor.
6) A construction project in six (6) counterparts corresponding to the urban arrangement of the area to be built on it, knowing that it’s not obligatory to prepare this project by an architect provided that it includes the following components:
a- A locational example for 1/5000 scale of the property
b- A total example for 1/500 scale and above containing the following data:
* The boundaries and dimensions of the piece of land
*Location of the buildings ‘concentration to be erected or existing and scheduled to be kept or demolished, as well as their organization and size.
* Determine the beginning and height of adjacent buildings.
c- A complete safety study prepared by a study office that performs its activity according to the established arrangements or a dedicated engineer registered in the schedule of the Deanship of Engineers.
d- An example of a structure bearing the building prepared by a study office that performs its activity according to the established arrangements or a dedicated engineer registered in the schedule of the Deanship of Engineers who will be submitted after the final approval of the project.
e- The institution’s classification is recognized by the concerned departments of the Ministry in charge of the industry.
f- Approval of the National Ocean Protection Agency.
g- Approval of the concerned departments of the public intervention.
Depending on the nature of the project, the following documents are added:
- Approval of the departments concerned with the ministries in charge of culture, youth and entertainment (cinema, theater ...).
- Approval of the relevant departments of the Ministry in charge of Public Health (private clinics ...)
-Approval of the competent departments of the Ministry in charge of Religious Affairs (Mosque ...)
As necessary and according to the project’s status and nature, the file should be completed with the following documents:
1) The Minister’s approval in Charge of Agriculture in case of building an industrial, commercial or service establishment related to agricultural activities, and other licenses legally required for the purpose.
2) Approval of the Regional Commission for Agricultural Development, in case of a residential construction in agricultural lands.
3) A restructuring decision from the Regional Administration for Equipment, Housing and Territorial Development if the piece of land to be built on is adjacent to the public property of the roads, to the marine public property, or to one of the components of the public ownership of water within urban areas.
4) The approval of the relevant departments of the Civil Aviation and Airports Authority when the building in question is adjacent to the airport.
5) A restructuring decision of the exploiting company (the National Railways Company ...) when the building in question is adjacent to the public railways owners.
6) Approval of the of National Defense’s Minister if the piece of land to be constructed is adjacent to an area subject to private Military easements
Filing placement :
- Technical service in the Municipality or the municipal department
Placement of having the service
Technical service in the Municipality or the municipal department-
- Within 21 days from the date of submitting the complete file
- Within 60 days if the building is in an area whose initialization is in progress.
- Within 90 days, as the building is about 200 meters of natural, cultural, archeological, preserved, or historical locations.
Extensions to this period can be made if the building project in question requires the municipality to resort to the opinion of other administrative or privacy structures
- The license is delivered from the mayor’s decision, and its validity lasts three years, starting from the delivery date to its owner.
- The validity of this license is extended for the same period by submitting a normal request if there is no change in the construction project. This request must be returned to the municipality a month before the expiry of the validity period of the demolition permit decision for the construction to be extended.
- The license is renewed under the same conditions and given procedures if changes are made to the construction examples.