Urban Administrative Oversight and Property Rights: A Comparative Legal Analysis of Building Permits and Public Interest in Urban Planning
The relationship between property rights and administrative oversight represents one of the most sensitive intersections in contemporary legal and urban planning studies.This article investigates the dynamics of administrative control in urban contexts, with particular emphasis on the building permit system as a mechanism of balancing individual freedoms with collective interests.Property rights, sanctified in constitutional texts and reinforced by statutory law, are traditionally perceived as comprehensive and exclusive, ensuring both enjoyment and exploitation of assets by their owners.However, the exercise of such rights cannot be absolute, as they often intersect with public interest considerations, urban development policies, and environmental sustainability imperatives.Through a comparative legal study, this research explores how different jurisdictions reconcile the protection of private property with the necessity of administrative regulation, particularly in the issuance, monitoring, and enforcement of building permits.The analysis highlights the dual role of administrative oversight: on one hand, serving as a safeguard against unregulated urban expansion and environmental degradation, and on the other, acting as a limitation on individual freedoms that requires clear legal justification.By situating building permits within the broader framework of urban governance and the principle of proportionality, this study demonstrates that administrative control must strike a balance between legal certainty, equity, and efficiency in urban development.Ultimately, the findings contribute to the ongoing scholarly debate on how urban administrative law can both protect the constitutional sanctity of property and respond to the evolving challenges of modern cities, including sustainability, public safety, and social equity.
Authors
- M’hamed Djebbar
Institutions
- Mediterranean University (ME)
Publication Details
- Journal
- Science Education and Innovations in the Context of Modern Problems
- Published
- 2025-08-31
- DOI
- https://doi.org/10.56334/sei/8.11.20
- Primary Topic
- Legal Issues in South Africa
- Type
- article
- Field-Weighted Citation Impact
- 0.00