National Planning and Building Law

National Planning and Building Law
Name	National Planning and Building Law
Enacted	Various jurisdictions
Jurisdictions	United Nations member states, European Union, United Kingdom, United States, Canada, Australia, Japan, China
Status	In force (varies)

National Planning and Building Law

National Planning and Building Law codifies statutory frameworks for land use, spatial planning, and construction control across jurisdictions such as the European Union, United Kingdom, United States, Canada, Australia, Japan, China, India, Brazil, South Africa, New Zealand, Norway, Sweden, Finland, Denmark, Germany, France, Italy, Spain, Portugal, Netherlands, Belgium, Switzerland, Austria, Poland, Czech Republic, Hungary, Romania, Bulgaria, Greece, Ireland, Iceland, Russia, Turkey, Mexico, Argentina, Chile, Peru, Colombia, Venezuela, Saudi Arabia, United Arab Emirates, Qatar, Israel, Lebanon, Egypt, Morocco, Algeria, Nigeria, Kenya, Ethiopia, Tanzania, Uganda, Ghana, Zimbabwe and other national systems. It interfaces with instruments such as the Zoning ordinance, Master plan, Regional plan, Land use plan, Comprehensive plan, Spatial plan, Development plan, Local plan, Urban plan, Rural plan, Strategic plan, Environmental impact assessment, Heritage conservation area, Coastal zone management, Floodplain management.

Overview and Purpose

National Planning and Building Law establishes legal regimes for land allocation, Zoning ordinance, Master plan, Regional plan, Land registration, Property rights, Expropriation, Public-private partnership, Infrastructure investment, Transit-oriented development to guide urbanization in contexts like Industrial Revolution, Green Revolution, Smart Cities Mission, Sustainable Development Goals, Paris Agreement, Habitat III, New Urbanism, Garden city movement, Modernist architecture, Brutalism, Baroque architecture and to reconcile interests represented by World Bank, International Monetary Fund, European Investment Bank, Asian Development Bank, Inter-American Development Bank, African Development Bank.

Scope and Definitions

Statutory definitions typically reference land tenure, Title registration, cadastral survey, Parcel map, Right of way, Easement (law), Setback (land use), Floor area ratio, Building coverage ratio, Gross floor area, Mixed-use development, Affordable housing, Social housing, Historic district, Conservation easement, Green belt, Urban growth boundary, Brownfield site, Greenfield site, Special economic zone, Free trade zone, Industrial park, Port authority, Airport authority, Metropolitan planning organization, Regional transportation authority and terminologies appearing in statutes like Town and Country Planning Act 1947, Planning (Listed Buildings and Conservation Areas) Act 1990, National Environmental Policy Act, Clean Water Act, Endangered Species Act, Historic Preservation Act, Land Use Law (Germany), Code of Hammurabi (historical), Napoleonic Code, Magna Carta (land law precedent), Treaty of Westphalia (territorial sovereignty).

Planning Instruments and Procedures

Procedures include preparation of Master plan, Neighbourhood plan, Comprehensive plan, Local plan, Zoning ordinance, Subdivision plan, Site plan review, Development agreement, Planned unit development, Overlay district, Form-based code, Performance zoning, Inclusionary zoning, Transfer of development rights, Eminent domain, Compulsory purchase, Public inquiry, Environmental impact assessment, Strategic environmental assessment, Cost-benefit analysis, Public consultation, Stakeholder engagement, Citizen advisory board, Appeals tribunal, Administrative court, Supreme Court of the United States, European Court of Justice, High Court of Justice (England and Wales), Bundesverfassungsgericht, Conseil d'État (France), Corte Suprema de Justicia de la Nación (Argentina).

Building Regulations and Technical Standards

Technical standards derive from national codes such as the International Building Code, Eurocodes, National Construction Code (Australia), National Building Code of India, Building Code of New York State, Ontario Building Code, Japan Building Disaster Prevention Law, China National Building Code, DIN standards, British Standards, ASTM International, ISO 9001, ISO 14001, LEED certification, BREEAM, WELL Building Standard, Passive House, ASHRAE, National Fire Protection Association, NFPA 101 Life Safety Code, Electrical Code, Plumbing Code, Accessibility standards, Americans with Disabilities Act, Equality Act 2010, Building Research Establishment and engineering practices found in American Society of Civil Engineers publications.

Permitting, Enforcement, and Compliance

Permitting systems cover building permit, planning permission, occupancy certificate, Certificate of compliance, health and safety inspectorate, fire brigade, environmental regulator, planning enforcement notice, stop work order, injunction, administrative penalty, criminal sanction, compulsory purchase order, Heritage England enforcement, Environmental Protection Agency enforcement, Ministry of Land, Infrastructure, Transport and Tourism (Japan), Department for Communities and Local Government (UK), Department of Housing and Urban Development (United States), National Development and Reform Commission (China), Central Urban Planning Bureau (various), Local planning authority, Municipal corporation, City council (United Kingdom), County council (England), State government (Australia), Provincial government (Canada).

Roles and Responsibilities of Authorities

Authorities include Ministry of Housing, Communities and Local Government, Department of Housing and Urban Affairs (India), Ministry of Environment, Ministry of Transport, Ministry of Agriculture, Ministry of Culture, Urban development authority, Metropolitan planning organization, Port authority, Regional development agency, Housing and Development Board (Singapore), Housing Authority of Hong Kong, New York City Department of City Planning, Los Angeles Department of City Planning, Greater London Authority, Berlin Senate Department for Urban Development, Paris Île-de-France Regional Chamber of Commerce, Tokyo Metropolitan Government, Seoul Metropolitan Government, Shanghai Municipal Housing and Urban-Rural Construction Commission, Mumbai Metropolitan Region Development Authority, São Paulo Metropolitan Planning Secretariat, Cape Town City Planning Department.

Amendments, Case Law, and Impacts on Development

Amendments and judicial interpretation occur through legislatures and courts such as the United States Supreme Court, European Court of Human Rights, Supreme Court of India, Constitutional Court of South Africa, High Court of Australia, Supreme Court of Canada, Bundesverfassungsgericht which have adjudicated matters like Kelo v. City of New London, R (Miller) v Secretary of State for Exiting the European Union, Lucas v. South Carolina Coastal Council, Penn Central Transportation Co. v. New York City, Village of Euclid v. Ambler Realty Co. and influenced doctrines related to takings clause, proportionality principle, subsidiarity, environmental justice, sustainable development, resilience planning, climate change adaptation, sea level rise, urban heat island, green infrastructure, affordable housing crisis, gentrification, smart growth, brownfield redevelopment, infrastructure financing, value capture, land readjustment.

Category:Urban planning law