The introduction of the new unified construction law in Egypt has been received with mixed and divisive opinions between supporters and opposers. The new Egyptian construction laws, however, represent a step in seeking to improve the country’s infrastructure. Its aim is to control and regulate the Real Estate sector through eliminating slums as well as regulating the number of floors of buildings, their heights, the area of land on which they are built, according to official standards. The new construction law also imposes heavy fines and possible suspension of building permits in case of violations.
In this article, we’ll take a closer look at the new Egyptian construction laws to clearly identify what they are exactly. Our research would include the definition of the new unified construction law in Egypt, in addition to explaining the text and meaning of the new building permits. We would also be shedding some light onto the value of the financial fines imposed for violating the suspension of licenses as well as non-compliance with the new construction law. Finally, we shall go through reconciliations associated with violations of new construction in Egypt.
Unified Construction Law in Egypt
The unified construction Law in Egypt includes all decisions and general legislative provisions related to construction in the Real Estate sector. Its aim is controlling and regulating construction via ensuring that construction projects are compliant with the standards set by the decision-making authorities. The most notable of those authorities would be the Egyptian Ministry of Local Development.
The most significant recent amendments to the unified Egyptian construction laws are the harsh penalties imposed for violations, but before talking about these penalties, let’s first take a glance at the most important aspects of the new construction law in the country.
Amendments to Egyptian Construction Laws Regarding Building Heights Increase 2023
The committees associated with the unified construction law set 4 conditions for acquiring approval to increase the height of buildings and the number of floors in them. These conditions are as per below.
· Compliance with height laws and aligning with official planning and construction terms or conditions.
· The foundations of the structure of the building should be able to withstand further height, in accordance with the regulations approved and determined by the executive regulations of this item of the law.
· A specialized engineer assumes responsibility for the safety of the property and development work at the height of the construction, while adhering to the planning and construction conditions of the site and other technical specifications.
· Allowing the issuance of permits to increase the height of buildings in rural urban areas as well as cities whose origins were villages during a time when the new laws were not yet established.
Amendments to Egyptian Construction Laws Regarding Building Height Increase 2022
The concerned authorities made amendments to the unified construction law in 2022 regarding the height of real estate and its permissible areas. The following is an explanation of these decisions and amendments.
· The height of the building shall be equal to a certain percentage of the street width area. The appropriate height and compliance with the conditions would be determined depending on the street width area, according to the following mechanism:
o If the street width is 8 meters or less, the maximum height of the property is 10 meters, which is equivalent to a ground floor and two additional floors.
o If the width of the street is between 8 to 12 meters, the appropriate height for the building must be equal to a maximum of 13 meters, which is equivalent to the height of a ground floor topped by 3 additional floors.
o If the street is 12 meters wide or more, the maximum permissible height of the property would be 16 meters, which is equivalent to building a ground floor in addition to 4 other floors above it.
· The ceiling of the basement should not exceed 1.2 meters from the architectural zero.
· The area of the land to be built on should not be less than 200 meters, with the exception of lands located on the Corniche.
· Construction workers must strictly adhere to residential activity in residential buildings and properties.
Amendments to Egyptian Construction Laws Regarding Real Estate Land Areas 2022
The concerned committees in the Egyptian unified construction law set decisions in 2022 regarding the areas where it is allowed to build on in proportion to the areas of real estate lands. The decisions to determine the construction areas in proportion to the land areas are based on the following conditions.
· It is permissible to build on a percentage equivalent to 100% of the total land area if its area is 175 meters or less.
· It is allowed to build on a percentage equal to 70% of the total land area if the land area exceeds 175 meters, provided that the area of the façade of the land is a minimum of 8.5 meters.
Conditions of the New Construction Law in Egyptian Villages 2022
The concerned authority in setting the Egyptian building laws and their amendments approved the following terms and conditions regarding the new building law in villages inside Egypt.
· Issuance of building validity certificates and new building permits.
· The percentage of construction should not exceed 70% of the land area.
· Having a garage for each new building in the villages
New Building Permits Suspension Law in Egypt 2023
The Egyptian Ministry of Local Development recently announced the approval of a new Egyptian construction law that stipulates the right of the Supreme Council for Planning and Urban Development to suspend new building permits upon the recommendation of the governor responsible for the construction area. The duration of the suspension of permits in the area where the law is applied ranges from a minimum of 6 months to a maximum of two years. Violators of the suspension of permits are also subject to penalties represented in the payment of heavy financial fines.
Penalties for Violation of the Unified Construction Law in Egypt
The penalty for violating the unified construction law in Egypt is a fine with the amount of 100 Egyptian pounds for each day of the violation, this stacks up to 3000 Egyptian pounds for a full month of violation.
This penalty and fine decision are based on Article 62 of the unified construction law, which states that the engineer in charge must issue a “certificate of validity for the building or property” that allows its use and occupancy. This certificate acknowledges that the work was carried out in compliance with the building permit, the regulating laws of the unified construction law and its regulations. The certificate is then submitted to the administrative authority concerned with planning and organization affairs, accompanied by a certified copy of the plans that have been implemented by the engineer.
In the event of violation of the Egyptian construction laws and standards, the engineer and those in charge of construction will be forced to put a halt to the construction work, which in turn subjects the owners to the penalty and financial fine that we mentioned earlier. The penalty for facilitating violations is imposing a financial penalty of 200 thousand Egyptian pounds, in addition to the possibility of imprisonment for a period of up to 6 months
Reconciliation in New Building Violations in Egypt
The reconciliation law in violations of the unified construction law allows violators the opportunity to rectify their condition in some cases. Those cases would be in accordance with what the concerned administrative authority deems as unthreatening to the structural safety of the building, in addition to considering the violations committed before the development of deterrent laws for those specific violations. Therefore, it is possible to organize and settle the situation but then again, a decision to refuse reconciliation by the concerned authorities is also possible. In general, the law on reconciliation in building violations is an important step in improving the construction environment and settling Real Estate disputes in Egypt. This is achieved via the facilitation it provides to reconcile violations in addition to the efficiency of penalties.
With that, we conclude our overview on the most important aspects of Egyptian construction laws and their most significant developments and updates. If you would like to get more information and read up on important and interesting topics, we invite you to check out the Bayut Egypt platform and stay up to date with the latest
