Civil Liability Resulting from The Phenomenon of Random Construction and Land Encroachment : Solution and Proposals

Abstract

The phenomenon of random construction and land abuse is not a new phenomenon. It has been around for a long time, but it has become widespread after 2003 as it was limited before the mentioned date, Many cities, especially Baghdad, have witnessed the spread of the phenomenon of random construction, encroachment on land belonging to the state or owned by others, and the construction of random housing units that lack the minimum construction conditions Without adopting and not taking into account the urban and urban planning regulations issued by the Ministry of Planning, and due to the worsening housing crisis, the outrageous high prices and the absence of solutions, land abuse, abuse of state real estate and random construction have become the illegal alternative to housing It has become a problem with economic, social and environmental dimensions that clearly reflects the deficit in economic structures and a major social imbalance, making it a serious phenomenon due to its large size. It is no longer possible to ignore it. The continuation of this serious phenomenon will lead to environmental congestion and noise due to irregular construction, which affects the human rights enshrined in the Iraqi Constitution of 2005 as stipulated in Article/