The Law of Leap in Housing Production: A Challenge to Governmental Real Estate Management and Autonomy of Will

Document Type : Original Article

Authors

1 Assistant Professor of Private Law, University of Semnan, Semnan, Iran (Corresponding Author)

2 Master’s Graduate in Private Law, University of Semnan, Semnan, Iran.

Abstract

The "Law of Leap in Housing Production" was enacted with the aim of providing housing for the low-income class, forming the basis of the "National Housing Movement" program. Under this initiative, applicants are granted government land through two lease contracts: a short-term contract allowing construction rights, and a long-term contract guaranteeing ownership title issuance by the government. Despite the ambitious goals of this law and the multitude of stakeholders involved, past experiences suggest that its implementation will significantly impact individual legal relationships. Disregarding the law's objectives and the contentious nature of its contracts, encroachment on government land under the guise of legal compliance poses challenges that undermine governmental real estate management. Conflicts with existing laws and procedures, excessive government intervention in contracts and private affairs, restrictions on freedom of choice, stringent applicant conditions, and imposed requirements on third parties, all present substantial legal hurdles for the government, applicants, and program participants.

Keywords

References

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 Law on Increasing the Utilization of the Agricultural Sector and Natural Resources (2010)

 Law on the Formation of the Ministry of Agriculture Jihad (2000)

 Law on the Regulation of Some Government Financial Provisions (2001)

 Housing Production Leap Law (2021)

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Ministry of Roads and Urban Development, Comprehensive Housing Plan (2017-2026), Integrated Document: Current Status Analysis, Future Outlook, Strategic and Operational Document, 2017.

Journal of Studies in Islamic Law & Jurisprudence
Volume 16, Issue 36
November 2024
Pages 163-194

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