Civil Code > TITLE IX. COLLECTIVE EXPLOITATION OF PROPERTY 5

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Chapter 4. Town-planning areas

Art. 1535.- Creation of area.

(1) Town-planning areas may be crated by Imperial Decree with a view to promoting the development of towns in an economically sound manner.

(2) The Decree shall fix in a precise manner the limits of the area.

Art. 1536.- Plan.

(1) The municipality shall draw up a plan relating to each town planning area.

(2) The plan and any amendment thereto shall be of no effect unless approved by Imperial Decree and published in the Negarit Gazeta.

Art. 1537.- Contents of plan.

(1) The plan shall, where necessary, divide each area into sub-areas.

(2) It shall fix in a general manner the restrictions and servitudes which it may be necessary to impose on the rights of the owners within each sub-area.

Art. 1538.- Carrying out of plan.

(1) In carrying out the plan, the municipality may impose the necessary restrictions on the rights of the owners within the area.

(2) It may in particular impose servitudes not to build, rights of way or servitudes relating to municipal sewers and pipes.

(3) It may, where necessary, use expropriation proceedings.

Art. 1539.- Compensation.

(1) The owners whose rights are restricted or whose land is expropriated shall be entitled to compensation.

(2) Such compensation shall be fixed by an appraisement arbitration committee in accordance with the provisions of Chapter 1 of this Title (Art. 1473-1476).

Art. 1540.- Building permit.

No person may construct a building within a town-planning area unless he has given notice of his intention to build and been granted a building permit in accordance with regulations.

Art. 1541.- Application for permit.

The application for a building permit shall specify the nature of the contemplated building.

Art. 1542.- Particulars in application.

(1) An application for a permit to build a house shall specify whether such house shall be used as a dwelling-house only or whether it shall be used for commercial or industrial purposes.

(2) An application for a permit to build a factory, a shop or commercial or industrial premises shall specify the nature of the contemplated commerce or industry.

Art. 1543.- Other particulars.

The application shall specify the time when the work should begin and the cost of the contemplated building.

Art. 1545.- Authorized conditions.

(1) The granting of the permit may be made conditional upon the applicant carrying out street work or laying pipes in connection with the contemplated building.

(2) It may also be made conditional upon the applicant complying with specific requirements as to the size or type of the building or the materials to be used.

Art. 1546.- Prohibited conditions.

The granting of the permit may not be made conditional upon the applicant employing specific persons in constructing the building or upon the building being constructed by a particular firm.

Art. 1547.- Creation of servitudes.

(1) The granting of the permit may be made conditional upon the applicant causing his neighbors to create in his favour a servitude not to build.

(2) Whosoever has been granted a permit may, failing agreement, compel his neighbours to create such servitude in his favour.

(3) The compulsory creation of a servitude referred to in sub-art. (2) shall be ordered by the court which shall fix the compensation to be paid to the servient owner.

Art. 1548.- Absence of permit.

Where the construction of a building is undertaken in the absence of a permit, the municipality may order that the construction be stopped forthwith.

Art. 1549.- Provisions regarding individual ownership applicable.

Without prejudice to the provisions of the preceding Articles, the provisions of the Title of this Code relating to “Individual Ownership” (Art. 1151-1256) shall apply as regards the rights of owners of land within town-planning areas.

Art. 1550.- Official association of landowners. -1. Creation.

The owners of land within each town-planning sub-area shall as of right be constituted into an official association of landowners.

Art. 1551.- 2. Composition and functioning.

(1) The provision of Chapter 3 of this Title relating to the composition and functioning of official associations of landowners shall apply to the associations of owners of land within a town-planning area (Art. 1509-1534).

(2) The secretariate of each association shall be the responsibility of the municipality.

Art. 1552.- Consultative duties.

(1) Associations of landowners within town-planning areas shall have consultative duties only.

(2) They shall examine the plans submitted to them by the municipality and make in respect thereof any observation or criticism they think fit.

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