Special Administrative Control in the Field of Urban Licensing A Comparative Study between the Jordanian and UAE Legislations

Abstract

Special administrative control in the field of urban licensing ensures the compliance of construction works with the legally accepted technical specifications, for achieving sound foundations for construction works, in adherence to the architectural standards necessary to attain safety, public health and societal security.

For enabling urban legislations to achieve their objective of urban control, both Jordanian and UAE legislators have vested this authority in different bodies, conferring upon them the necessary legal means to create a sound urban environment to preserve the elements of public order.

Nevertheless, in reality, there are many violations by individuals in the field of construction and urbanization, as well as lack of compliance with the controls and specifications set by the legislator. This necessitates research into the required procedures in such circumstances. Conversely, there are some indiscretions by urban control authorities when exercising their powers. Hence, for the work carried out by these authorities to conform to the relevant legislations, according to the requirements of the principle of legality, the legislator has granted the administrative judiciary the power to control the legality of their actions. Thus, any affected party has the right to challenge the decisions of the urban control authorities through a cancellation lawsuit, and claim damages if necessary, under the Jordanian legislation. In contrast, under UAE legislation, individuals may not appeal before the judiciary, nor claim damages for the unlawful actions of the urban control authorities.