Ali Zuweid’s political programme
Proposed bill · Energy, Infrastructure, Water, Environment and Urban Development
Urban Planning and Land Use Law
Executive summary
The proposal addresses a clear legislative gap in Iraq: urban planning remains divided among Roads and Buildings Regulation No. (44) of 1935, Municipal Administration Law No. (165) of 1964, as amended, Baghdad Master Plan Law No. (156) of 1971, and scattered decisions and instructions, while the General Directorate of Urban Planning now prepares and updates master plans and structure plans and examines changes of use. The Directorate officially states that an urban planning bill was sent to the General Secretariat of the Council of Ministers on 3 January 2018 and had received no reply by this document’s verification date.
The proposal creates a modern framework law without replacing municipal or governorate powers. It unifies plan levels and preparation and amendment procedures, regulates urban growth boundaries, use classifications, public participation, spatial data, planning permission and oversight. It establishes a legal barrier against changing land use through individual decisions or the grant of an investment licence, making substantive decisions reasoned, public and open to objection and appeal.
It respects Iraq’s constitutional structure: Article (114/Fourth) makes development policy and general planning a shared competence, while Articles (115) and (122) govern relations with regions and governorates and decentralisation. The federal law therefore concentrates on the common framework, standards, coordination and cross-boundary data, leaving local planning and implementation within their legal competences.
The proposal aligns with the National Development Plan 2024–2028, whose spatial development objectives include improved services, reduced disparities, development corridors, organised settlement structures and sustainable cities. It also aligns with the National Housing Policy 2025–2030, launched by the government in October 2025 as a framework for coordinated, sustainable urban development. The Law does not turn these policies into a spending programme; it establishes the legal rules needed to produce implementable, accountable plans.
Constitutional and legal context
The proposed framework rests on constitutional Article (61/First) concerning the Council of Representatives’ legislative competence; Articles (114/Fourth), (115) and (122) on development policy, general planning, allocation of powers and decentralisation; Articles (23) and (27) on property and public assets; and Article (33) on the right to a healthy environment. This structure requires a coordinated federal framework, not an instrument for restoring absolute planning centralisation.
The General Directorate of Urban Planning, part of the Ministry of Construction, Housing, Municipalities and Public Works, serves as the technical reference for planning, land use, master and structure plans and changes of use. Its official page states that the Ministry’s urban planning bill aimed to regulate land use, strengthen local government and establish a federal urban planning council, and was referred to the General Secretariat of the Council of Ministers on 3/1/2018.
In Baghdad, Master Plan Law No. (156) of 1971 remains a special reference. A briefing by the Council of Representatives’ Research Department concluded that the Law made the master plan binding, while identifying the need for fundamental changes to structures and powers after decades of implementation. Municipal Administration Law No. (165) of 1964 and Roads and Buildings Regulation No. (44) of 1935 also remain on the General Directorate of Urban Planning’s published list of legislation in force.
Legislative gap and proposed policy
| Area | Fragmented situation | Proposed response |
|---|---|---|
| Plan hierarchy | Multiple plans and competences without a modern framework law unifying their relationship. | A clear hierarchy from the national framework to structure plans, master plans and detailed plans. |
| Change of use | Scattered procedures and potential proliferation of approvals and special decisions. | A needs-and-impact test, published decisions, and classification of amendments as substantial or limited. |
| Decentralisation | A centralised legacy overlaps with governorate and municipal powers. | Define shared federal functions while retaining local planning and implementation with local bodies. |
| Participation and transparency | Not uniformly integrated into plan preparation. | Early notice, a comment period, hearings, a response report and reasoned decisions. |
| Spatial data | Multiple maps and sources, with updates that may be difficult to track. | A national platform, amendment history and interoperability with statistical and property bodies. |
| Urban expansion | Pressure on agricultural land and services, with fragmented growth. | Phased growth boundaries and land-needs estimates linked to infrastructure. |
| Property rights | Planning reservations may persist without an implementation decision. | Periodic review of reservations and an option to lift them or proceed to expropriation where deprivation is prolonged. |
Text of the bill
Chapter One — General provisions, definitions and principles
Article (1) — Title and scope
This Law shall be called the ‘Urban Planning and Land Use Law’. It establishes the general framework for preparing spatial and urban plans, regulating land uses and controlling development within municipal boundaries and, insofar as connected with general planning, outside them, under the Constitution.
Article (2) — Application
This Law applies to federal authorities, the Baghdad Mayoralty, governorates not incorporated into a region, municipalities, and public and private bodies when preparing plans, allocating land, changing its use or undertaking urban development.
In regions, constitutional provisions governing exclusive and shared competences and regional powers shall be respected. Coordination on general planning and projects with cross-boundary impacts shall follow this Law’s mechanisms.
Article (3) — Definitions
For this Law, the following terms have the meanings set out below. Urban planning: the process of organising spatial development and distributing population, activities, services, infrastructure and land uses on an integrated economic, social and environmental basis.
Plan: a spatial document, written rules, maps and data establishing binding policies, uses and controls at its designated level. Use: the principal or mixed purpose assigned to land or property. Change of use: moving land or property from one planning classification to another or adding a substantial use not previously designated.
Development: construction, expansion, redevelopment, subdivision, parcel division, change of use, infrastructure construction or any physical work with planning implications. Urban growth boundaries: phased boundaries defining programmed urban expansion according to capacity and services.
Article (4) — Objectives
Achieve balanced and efficient spatial development; protect land of agricultural, environmental and heritage value; direct expansion towards serviceable areas; reduce long-term infrastructure costs; support affordable housing, the local economy and public transport; and improve cities’ adaptability to climate and risks.
The Law also aims to unify planning procedures, maps and classifications, prevent individual decisions undermining master plans, and ensure public participation, transparency and appealable decisions.
Article (5) — Governing principles
Competent bodies shall observe public benefit, proportionality, spatial equity, efficient land use, priority for reusing developed land before unnecessary expansion, property protection, integration of planning and infrastructure, environmental precaution, climate resilience, universal accessibility, transparency and participation.
Planning shall not be used to discriminate or deprive a private party of beneficial use for the benefit of a particular person or project outside general, published legal procedures.
Article (6) — Binding effect of plans
Plans approved under this Law shall bind public and private bodies within their level of competence. No land allocation, planning permission, investment licence, parcel division or change of use may contravene them unless amended through the same procedures or the special procedures herein.
Article (7) — Integration with national plans
Urban plans shall align with the National Development Plan and population, housing, transport, environmental, water, energy and disaster-risk policies, without becoming lists of unfunded financial projects.
Article (8) — Evidence and data
Planning decisions shall use verifiable demographic, property, environmental, economic, service and climate data and digital maps with a unified georeferencing system. Plans shall identify data sources, baseline years and accuracy limitations.
Article (9) — Preservation of rights
Adoption of a plan alone shall not transfer ownership or create or extinguish a right in rem. Expropriation shall occur only under the law with fair compensation. Acquired rights arising from a valid transaction shall not be affected except under the law.
Article (10) — Public interest and impartial decisions
Any decision changing use, growth boundaries, density or facility designation shall rest on publicly stated planning grounds. Directing decisions to confer unjustified private advantage, exclude a social group or deliberately harm a specific property’s value is prohibited.
Article (11) — Sustainability and resilience
Plans shall integrate water and energy efficiency, urban heat-island reduction, rainwater management, protection of flood channels and floodplains, green and blue spaces, shorter travel distances, and public transport, walking and cycling alternatives appropriate to the location.
Article (12) — No unjustified reduction in protection
Protection of green areas, watercourses, high-value agricultural land, heritage sites or reserved public facilities shall not be reduced without demonstrating an overriding public need, assessing alternatives and impacts, and adopting appropriate planning or environmental compensation where legally and technically possible.
Chapter Two — Governance and allocation of competences
Article (13) — Federal Spatial Planning Coordination Council
A Federal Spatial Planning Coordination Council shall be formed within the Council of Ministers, chaired by the Prime Minister or their delegate, with relevant ministers and bodies specified by regulation. It shall coordinate policy rather than constitute a new executive apparatus.
The Council shall approve the national spatial development framework, resolve conflicts between sectoral plans with national impacts, coordinate projects spanning governorates, and adopt standards requiring interministerial decisions.
Article (14) — General Directorate of Urban Planning
The General Directorate of Urban Planning within the Ministry of Construction, Housing, Municipalities and Public Works shall be the federal technical reference for urban planning within the Ministry’s competence. It shall provide the Council’s technical secretariat, develop standards, classifications, maps and guidance, and review plans under this Law.
Article (15) — Ministry of Planning
The Ministry of Planning shall align the national spatial development framework with the National Development Plan, public investment and spatial development indicators, and participate in assessing population and service needs and major development corridors.
Article (16) — Governorates not incorporated into a region
Within constitutional and legal powers, governorates shall prepare their structure plans, coordinate district, subdistrict and municipal plans, and connect them with service and local investment plans, respecting shared general policies and approved cross-boundary plans.
Article (17) — Baghdad Mayoralty
The Baghdad Mayoralty shall prepare and implement capital-city plans within its jurisdiction, coordinating with Baghdad Governorate and federal bodies on the metropolitan area, transport and water networks, environment and strategic projects. A special regulation for the capital’s urban planning shall be issued under this Law.
Article (18) — Municipalities
Municipalities shall prepare local and detailed plans, control land uses and development within their boundaries, apply planning conditions and monitor conformity of subdivisions and changes with higher-level plans and national standards.
Article (19) — Cross-boundary planning
Where an urban agglomeration, service network, drainage basin, transport corridor or environmental area spans multiple governorates or municipalities, a joint plan shall be prepared by Coordination Council decision with the affected units. The decision shall designate technical coordination responsibility without transferring local powers beyond what joint implementation requires.
Article (20) — Sectoral bodies
The ministries responsible for transport, agriculture, environment, water resources, electricity, oil, culture, health, education, interior and communications, and other bodies, shall supply planning authorities with data, constraints and approved projects and respond within specified periods. Silence shall not constitute approval on safety, environment, heritage or security matters.
Article (21) — Property registration
Property registration offices shall exchange parcel, rights and published planning-restriction data with the spatial platform. They shall not register subdivisions, amalgamations or transactions creating parcels contrary to a plan without express legal authority.
Article (22) — Statistics and Geographic Information Systems Authority
Planning authorities shall coordinate with the Statistics and Geographic Information Systems Authority on statistical boundaries, population and spatial data and data-sharing standards to avoid conflicting national spatial reference databases.
Article (23) — Local planning offices
Governorates and municipalities may create or develop urban planning units within existing structures, including planning, engineering, transport, environment, urban economics and geographic information systems expertise according to city size.
Article (24) — Professional qualifications
A regulation shall specify qualifications of experts and firms preparing plans and planning studies, conflict-of-interest and disclosure rules, and professional liability requirements, in coordination with relevant professional associations and academic bodies.
Article (25) — Preventing conflicts of interest
A planning committee member or official involved in a decision shall recuse themselves from a transaction concerning themselves, their spouse, relatives up to the fourth degree, or an entity in which they have a direct or indirect interest. Recusal shall be recorded in the minutes.
Article (26) — Institutional accountability
Each competent body shall publish a brief annual report on plans adopted or amended, application-processing times, objections, substantive violations, and areas of expansion and land-use change, without publishing protected personal data.
Chapter Three — Plan system and hierarchy
Article (27) — National spatial development framework
A national spatial development framework shall set major directions for population and activity distribution, national corridors, principal cities, protected and risk areas, and inter-governorate connectivity. It shall guide lower-level plans without replacing them.
Article (28) — National framework horizon
The national framework shall cover at least twenty years and be reviewed every five years or following substantial national changes in population, economic structure, climate, transport or energy networks.
Article (29) — Governorate structure plan
The governorate structure plan shall define the settlement network, growth centres, agricultural and environmental land, principal infrastructure, transport corridors, industrial and logistics areas, and priority development or protection areas.
Article (30) — Regional urban plan
A regional urban plan may cover a functionally connected agglomeration of several cities or municipalities, jointly addressing transport, water, energy, waste, urban expansion, the labour market and major services.
Article (31) — City master plan
The city master plan shall define land-use structure, growth boundaries, movement and public transport networks, centres and services, general densities, open spaces, restricted or protected areas, and expansion phases.
Article (32) — Local and sector plans
Local and sector plans for neighbourhoods, centres and special areas shall implement the master plan in greater detail, specifying street networks, parcels, public facilities, uses, heights, densities and, where necessary, façades.
Article (33) — Urban renewal plans
Urban renewal plans shall be prepared for old or deteriorated centres, transitioning industrial areas, riverfronts and areas of special value, balancing conservation, development, housing, mobility and the local economy.
Article (34) — Special plans
Special plans may be adopted for heritage, religious, environmental, university, medical, logistics or heavy-industry areas, airports, ports or other areas requiring additional controls. This shall not waive safety or environmental standards.
Article (35) — Rural and small-settlement plans
Governorates shall establish simplified planning frameworks for villages and small settlements, defining expansion boundaries, service locations, roads, agricultural production and protection areas, so that planning requirements do not impose disproportionate burdens on small communities.
Article (36) — Plan hierarchy
A lower-level plan shall not conflict with an effective higher-level plan. If conflict emerges, approval of the conflicting part shall be suspended and reconciliation or amendment procedures begun under this Law.
Article (37) — Coordination with sectoral plans
No major sectoral project with lasting spatial effects shall be approved contrary to an effective plan without amending it or following the exceptional strategic-project procedure provided herein.
Article (38) — Reference maps
The certified digital map and associated database shall form part of the plan. Regulations shall determine evidentiary precedence where maps and text differ, prioritising the legal text and certified spatial boundaries according to the amendment register.
Article (39) — Implementation phases
Where necessary, plans shall be phased according to water, sanitation, electricity, roads, transport, school and health capacity and financing. Including land within urban expansion shall not create an immediate obligation to fund services.
Article (40) — Periodic review
City master plans shall undergo performance review every five years and comprehensive updating after ten years or where actual population and urban development depart substantially from assumptions by a threshold set by regulation.
Chapter Four — Preparation, approval and amendment of plans
Article (41) — Initiation decision
The competent body shall issue a decision initiating plan preparation or updating, specifying geographical scope, time horizon, participants, work programme and required data.
Article (42) — Baseline report
Before alternatives are developed, a baseline report shall address population, housing, economy, land, ownership, services, transport, environment, water, climate, risks, heritage and local finance, expressly identifying data gaps.
Article (43) — Land-needs assessment
Future land needs shall be calculated from population and economic scenarios, realistic densities and infrastructure capacity. Outward expansion shall not be adopted merely because public land is available or relatively inexpensive.
Article (44) — Planning alternatives
For master and structure plans, at least two reasonable alternatives and a continuation-of-current-conditions scenario shall be assessed, showing each option’s effects on costs, services, environment, mobility and housing.
Article (45) — Environmental and climate assessment
Major plans shall undergo strategic environmental assessment or an equivalent assessment before approval under the Environmental Protection and Improvement Law and relevant regulations, covering flood, heat, water scarcity, pollution and land-degradation risks.
Article (46) — Early coordination
Draft directions and constraints shall be sent to sectoral bodies early. Responses are required within thirty days unless a longer technical study is needed with written justification.
Article (47) — Initial publication
Drafts, maps and non-technical summaries shall be published on the electronic platform and at local authority offices, with appropriate notice at least fifteen days before hearings.
Article (48) — Public comment period
Drafts shall be open to public comments for at least thirty days for local plans and sixty days for structure plans, master plans or national plans. Periods may be extended for wider scope.
Article (49) — Hearings
At least one hearing shall be held for each city or principal unit affected, with online and in-person participation and appropriate accessibility for persons with disabilities.
Article (50) — Response report
The competent body shall report the principal issues raised, how they were addressed and reasons for rejecting substantive proposals. The report shall be published with the approved version.
Article (51) — Technical review
Plans shall undergo technical review by the higher authority or General Directorate of Urban Planning according to level, checking method, consistency and standards rather than substituting detailed central preferences for local competence.
Article (52) — Approval
The Council of Ministers shall approve the national framework. Governorate structure plans, master plans and local plans shall be approved at levels specified by this Law and its regulations, respecting Baghdad Mayoralty, governorate and municipal powers.
Article (53) — Publication and effect
A plan or amendment shall take effect only after its approval decision is published and maps and text are publicly available digitally and at the competent body’s offices. The decision shall specify the effective date.
Article (54) — Substantial amendment
An amendment is substantial if it changes growth boundaries, converts significant agricultural, green or facility land to profit-making use, increases density so as to require new infrastructure, or changes a principal transport network. It shall undergo preparation and participation procedures comparable to the original plan.
Article (55) — Limited amendment
A limited amendment may follow simplified procedures if it does not affect public interest, others’ rights, the environment or capacity, provided the request, reasons and decision are published. Regulations shall set area and impact criteria preventing misuse of this route.
Chapter Five — Land-use classification and growth boundaries
Article (56) — National classification system
The General Directorate of Urban Planning shall issue a unified national land-use, symbol and mapping classification system. Local subcategories may be added where consistent with the national structure.
Article (57) — Principal uses
Classification shall include, as needed, residential, commercial, mixed, industrial, logistics, agricultural, public service, transport, utility and infrastructure uses, green and open spaces, environmental and heritage protection, and special areas.
Article (58) — Mixed use
Plans may allow mixed use where safety and compatibility conditions are satisfied. Regulations shall specify compatible and prohibited activities, mixing proportions, parking, loading and service requirements.
Article (59) — Green belts and areas
A green belt, public park or protected open space shall not be converted except through a substantial amendment demonstrating no alternatives and a public need, with suitable spatial and functional compensation wherever possible.
Article (60) — Agricultural land
Priority shall be given to protecting productive agricultural land, orchards and irrigation areas from unplanned urban fragmentation. Changes of use require assessment of need, alternatives and infrastructure and opinions from agricultural and environmental bodies under the law.
Article (61) — Flood and flash-flood zones
Residential or sensitive development is prohibited in river and flood channels and areas of unacceptable risk. Hazard maps and protection levels shall be established with water resources, environmental and local bodies. Planning permission shall not authorise breaches of safety requirements.
Article (62) — Infrastructure corridors
Plans shall identify protected corridors for roads, railways, airports, power lines, pipelines, water infrastructure, telecommunications and other utilities under technical legislation. Construction or subdivision obstructing operation or planned expansion is prohibited.
Article (63) — Heritage areas
Legally designated archaeological and heritage sites, buildings and areas shall be incorporated into planning maps, with height, massing, façade, movement and use controls protecting their value, in coordination with the antiquities and heritage authority.
Article (64) — Industrial areas
Industrial zoning shall consider prevailing winds, water sources, transport networks, appropriate separation from sensitive uses, risk and waste management and expansion potential. High-risk industry shall not be allowed within existing residential fabric except under special law and strict safety requirements.
Article (65) — Public facilities
Land for schools, health, civil defence, markets, parks and services shall be allocated under updated planning standards linked to population, urban form and accessibility. Conversion to private use is prohibited unless an equivalent alternative and public need are provided.
Article (66) — Urban growth boundaries
Cities whose growth requires it shall receive phased urban growth boundaries, reviewed when developable land reserves are demonstrably exhausted or needs change. Expansion beyond them shall be a reasoned exception, not the norm.
Article (67) — Urban density
Densities shall match water, sanitation, electricity, road, public transport and service capacity. They may be increased near public transport corridors and centres after capacity assessment.
Article (68) — Existing neighbourhoods
New-neighbourhood standards shall not automatically apply to existing historic or traditional neighbourhoods where this causes unnecessary displacement or makes compliance impossible. Special renewal standards may preserve safety and fundamental rights.
Article (69) — Unplanned areas
Unplanned areas and encroachments shall undergo a separate assessment, regularisation, rehabilitation or removal process under housing, informal-settlement regularisation and property laws. Inclusion in a plan does not automatically acknowledge ownership or entitlement to compensation.
Article (70) — Surrounding rural areas
Rural–urban transition zones shall be designated around cities where necessary, controlling subdivisions and activities that produce scattered sprawl or conflict with agriculture and services.
Article (71) — Riverfronts and waterfronts
Riverfronts and waterways shall receive special planning treatment preserving public access where law and environmental conditions permit, protecting banks against encroachment and pollution, and considering navigation, flooding and ecosystems.
Article (72) — Future reserves
Plans may designate future reserve land not released for development until preceding infrastructure and housing phase conditions are met. Reserve classification creates no government obligation to purchase or develop it.
Chapter Six — Integration of infrastructure, transport, environment and quality of place
Article (73) — Coordinated service provision
Major urban expansion shall not be approved without demonstrating feasible water, sanitation, electricity, roads, transport and basic services within a realistic timeframe and with identified funding or a lawful delivery mechanism.
Article (74) — Planning-led transport
Plans shall connect to public transport networks, pedestrian and cycle routes, interchanges and regional transport, avoiding large developments accessible only by private car where practical alternatives exist.
Article (75) — Parking management
Parking requirements shall reflect location, use and public transport accessibility. Minimums may be reduced or maximums set in dense centres to avoid excessive car dependence, under published local regulations.
Article (76) — Water and sanitation networks
Densities and expansion phases shall match water resources and water, sewerage and treatment capacity. Permanent individual solutions shall not substitute for networks in settlements where public health requires them.
Article (77) — Energy and communications
Plans shall reserve energy and communications corridors and station sites, encourage shared infrastructure and reduce repeated excavation and network conflicts.
Article (78) — Rainwater management
New plans shall incorporate rainwater management, permeable surfaces, storage and safe drainage appropriate to climate and soil. Development increasing neighbouring areas’ inundation risk without mitigation is prohibited.
Article (79) — Public spaces
Plans shall define a connected network of parks, squares and public paths, considering safety, shade, accessibility and social needs. Unusable land shall not count as public space merely to meet a numerical percentage.
Article (80) — Urban tree planting
Tree-planting plans shall match species to climate, water, soil and infrastructure, linking planting to heat and dust protection and improved public space rather than decorative, water-intensive planting.
Article (81) — Universal accessibility
General and local plans shall provide accessible movement and services for persons with disabilities, older people and children. Detailed requirements shall coordinate with building legislation and relevant codes.
Article (82) — Urban safety
Land-use distribution shall consider fire, explosion, hazardous materials and industrial accident risks, evacuation routes and access to civil defence and hospitals. Incompatible adjoining uses are prohibited without buffer zones or approved measures.
Article (83) — Public health
Plans shall assess noise, air pollution, congestion and access to open spaces and services, using separation of uses, barriers, traffic management or other planning tools to reduce exposure.
Article (84) — Biodiversity
Protected areas, sensitive habitats and biodiversity corridors shall be integrated into planning, applying the hierarchy of avoidance, reduction, then remediation or compensation where permitted by law.
Article (85) — Heritage and identity of place
Plans shall protect townscapes, historic urban fabric and distinctive built scales without freezing development. Local design guides may be adopted for areas of special character.
Article (86) — Coordination with building legislation
This system determines where development is permitted and its use, density and impact. Structural safety and technical building requirements remain governed by the National Building Law and applicable codes. Planning authorities shall not duplicate technical requirements inconsistently with them.
Chapter Seven — Participation, transparency and spatial data
Article (87) — Right of access
Everyone may inspect effective plans, amendment decisions, maps, approval minutes and response reports under the Right of Access to Information Law when effective, data protection provisions and legal exceptions.
Article (88) — National plans platform
The Ministry shall establish a national platform for plans and spatial decisions within its digital infrastructure, integrating with the Iraq Geoportal and competent bodies, without creating a separate database where interoperability is possible.
Article (89) — Amendment history
Each plan shall have a digital register recording every amendment’s date, boundaries, legal basis and approving body. A published map shall not be replaced without preserving the previous version and its period of effect.
Article (90) — Open maps
Land-use, planning-boundary, public-facility and non-confidential restriction layers shall be published in viewable and downloadable formats wherever possible, stating data accuracy and that maps do not substitute for title deeds.
Article (91) — Notice to owners and affected parties
For amendments targeting particular parcels or areas, known property-right holders and affected neighbours shall receive notice through prescribed means. General publication alone is insufficient where individual notification is reasonably possible.
Article (92) — Representation of affected groups
Authorities shall take reasonable steps to involve women, young people, persons with disabilities, small businesses, informal-settlement residents and others whom traditional participation channels may exclude.
Article (93) — Document language
Public plan summaries shall use accessible, non-technical language alongside professional documents, with maps and illustrations enabling citizens to understand decisions’ effects.
Article (94) — Disclosure of interests
Applicants for substantial changes of use or major projects shall disclose beneficial owners or owning bodies under applicable laws and identify contracts or financial commitments with public bodies connected to the decision.
Article (95) — Publication of reasoned decisions
Approval, refusal and change-of-use decisions shall state planning grounds, facts and principal technical opinions. General phrases such as ‘in the public interest’ alone are insufficient without explanation.
Article (96) — Monitoring indicators
Major plans shall have a limited set of periodically reviewed indicators measuring expansion density, use of allocated land, service access, travel times, protection of open spaces and availability of serviced land.
Article (97) — Data protection
Spatial data shall be published without exposing protected personal or security information. Data minimisation, access controls and documentation shall govern exchange of ownership records and sensitive information.
Chapter Eight — Development control, planning permission and subdivision
Article (98) — Planning permission
Development subject to this Law requires planning permission or a conformity certificate according to type before subdivision is completed or building or final investment licences are granted. Planning permission does not replace other sectoral approvals.
Article (99) — Exempt works
Regulations shall identify minor works not constituting development or exempt from separate approval, such as internal maintenance that does not alter use, massing or safety, without prejudice to heritage, building and environmental laws.
Article (100) — Planning conformity certificate
The local authority shall issue a certificate stating parcel use, restrictions, density, heights, planning setbacks and reserved roads and facilities, specifying validity and legal effect in relation to information published at issue.
Article (101) — Subdivision and amalgamation
Subdivision or amalgamation shall not be approved if it creates unserviceable parcels, severs a road or facility, or conflicts with approved minimum frontage and area requirements, respecting property registration and rights-in-rem laws.
Article (102) — Change of use
A change-of-use application shall state need and effects on neighbours, services, transport, environment and public-benefit value. Substantial changes require publication and participation. Payment of a fee creates no right to approval.
Article (103) — Major projects
Projects exceeding regulatory thresholds shall undergo urban impact assessment covering movement, infrastructure, public services, environment, phasing and land demand. An independent review at the applicant’s expense may be required under published rules.
Article (104) — Investment licence
An investment licence does not exempt compliance with plans and land use. Investment commissions shall participate in a single coordinated process to avoid duplicate approvals. Investment shall not justify retrospective changes of use.
Article (105) — Government projects
Ministries and public bodies shall comply with plans as private parties do. Their projects require planning conformity before allocation or award, except under a reasoned strategic exception.
Article (106) — Exceptional strategic project
For a strategically necessary federal project that cannot be implemented under the current plan, the Council of Ministers may initiate an exceptional amendment route after publishing necessity grounds, assessing alternatives and impacts, and coordinating with local government. The decision does not exempt environmental, heritage or compensation requirements.
Article (107) — Planning obligations
Major-project approval may be conditional on necessary, proportionate obligations addressing its direct impacts, such as an internal road, service network or facility within the project. Obligations must be written and public and shall not fund unrelated general needs.
Article (108) — Development agreement
A public body and developer may conclude a development agreement governing obligations, phasing, facility handover and guarantees. It shall be published and comply with contract and integrity rules, and shall not replace competition where required.
Article (109) — Conditional approval
Approval may carry specific, measurable conditions linked to planning impacts. No unrelated condition or requirement to surrender a legal right without consideration or legal basis may be imposed.
Article (110) — Expiry of approval
Planning permission shall expire if substantial implementation does not begin within its stated period, no less than two and no more than five years according to project size. Extensions may be granted once or more after verifying that the plan and underlying circumstances remain applicable.
Chapter Nine — Property rights, planning reservations and development-related financing
Article (111) — Public-facility reservation
A plan may reserve land for a specified road, park, school or public facility where need and location are established. It must identify the beneficiary body and expected phase. Reservation alone transfers no right in rem.
Article (112) — Reservation duration
Unimplemented planning reservations shall be reviewed every five years. Where a reservation continues to prevent reasonable property use without a realistic financing or expropriation programme, the owner may request its removal or commencement of lawful expropriation.
Article (113) — Expropriation
Property needed to implement a plan shall be expropriated under the applicable Expropriation Law with fair compensation and prescribed procedures. Changes of use or value reductions shall not circumvent compensation amounts.
Article (114) — General regulatory effects
No compensation arises merely from general density, use or height rules applying to a comparable category and leaving reasonable property use, without prejudice to appeal where a decision is arbitrary, discriminatory or effectively equivalent to total deprivation.
Article (115) — Planning for private expropriation prohibited
Private land shall not be designated for a specific private project and expropriation powers then used to transfer it to that project, except where the Investment Law or special legislation permits, with demonstrated public benefit, compensation and safeguards.
Article (116) — Infrastructure cost contribution
A local body may collect a contribution from a major project towards part of its direct additional infrastructure costs under a published formula and service area, not exceeding costs attributable to that project.
Article (117) — Nature of the contribution
The infrastructure contribution is a specific regulatory charge under this Law, not a general tax. It shall be deposited into legally designated government accounts and used for the purpose or area for which calculated, with annual audit and publication.
Article (118) — Procedural fees
Fees for examining planning and amendment applications and issuing maps and certificates may reflect service costs under a schedule issued pursuant to this Law. Fee amounts shall not depend on acceptance or rejection.
Article (119) — Funding plan preparation
Public plans shall be funded from relevant budgets. A developer may fund a detailed study for a special development area under public supervision without acquiring control over the plan’s outcome.
Article (120) — Land readjustment
Land readjustment, pooling and redistribution may implement an integrated detailed plan where regulated by land management and property-rights legislation. This Law alone creates no compulsory ownership-transfer power.
Article (121) — Land value and betterment
Applicable expropriation and financial laws shall govern betterment and value arising from public projects. No levy on increased land value shall be imposed without express statutory provision.
Article (122) — Affordable housing
A plan may specify an affordable-housing share or contribution mechanism within major developments where authorised by housing, investment or special legislation. Calculation shall be published and proportionate, with no obligation imposed without legal authority.
Article (123) — Public land
Public land allocations shall comply with effective plans, service priorities and transparency. Use shall not be changed merely because ownership transfers between government bodies or land is offered for investment.
Chapter Ten — Oversight, violations, grievances and appeal
Article (124) — Planning oversight
Local bodies and the competent Directorate shall monitor plan implementation, changes of use and subdivisions within their respective powers. Aerial imagery and remote sensing may be used, with field verification methods where necessary.
Article (125) — Stop-work order
Where substantive development begins without permission or contrary to conditions, the competent body may issue a reasoned order temporarily stopping the non-compliant part. The affected party shall be notified and given objection rights within specified periods.
Article (126) — Rectification order
An offender may be required to remove or alter works or restore lawful use where possible and proportionate, or apply for planning regularisation if approval is possible without harming others’ rights or public interest.
Article (127) — No reward for violations
Retrospective approval shall not be granted merely because a project is completed or removal is expensive. An offender acquires no right through passage of time where a violation is continuing and established, subject to statutory limitation rules.
Article (128) — Administrative fine
Without prejudice to harsher penalties, a person breaching a use or planning condition after warning shall receive an administrative fine of (1,000,000) to (10,000,000) dinars, doubled for repetition, with the amount determined by impact severity and benefit obtained.
Article (129) — Non-compliant major projects
Where a legal person commits a violation in a major project or causes extensive land-use change, the fine shall be (10,000,000) to (100,000,000) dinars for each substantive violation, without replacing rectification or compensation for damage.
Article (130) — Plan manipulation
Anyone who deliberately falsifies an official planning map or amendment register, or knowingly uses a falsified one to obtain benefit or harm others, shall be punished by imprisonment for no more than three years and a fine of no less than (10,000,000) and no more than (50,000,000) dinars, or either penalty, subject to any harsher Penal Code penalty.
Article (131) — Official liability
Administrative penalties against a developer do not preclude accountability of an official who deliberately approves a change, subdivision or certificate contrary to the plan for unlawful gain, under criminal, integrity and disciplinary laws.
Article (132) — Administrative grievance
An interested party may challenge refusal of planning permission, an imposed condition, or a stop or rectification order within thirty days of notification. The body shall decide within thirty days unless special legislation sets a shorter period.
Article (133) — Judicial appeal
A final grievance decision is appealable before the administrative courts under the State Council Law and applicable legislation. Appeal does not preclude seeking a stay of execution where its conditions are met.
Article (134) — Objection to a plan
A person who objected to a draft plan and whose direct right or interest is affected may challenge approval on legality and procedural grounds within the statutory period, without turning the court into a substitute planning authority.
Article (135) — Settlement and mediation
Before litigation, the competent body may reach an administrative settlement on correctable technical matters, provided it does not contravene the plan, waive a public right or grant an exception unavailable to others.
Article (136) — Enforcement of decisions
Stop and rectification orders shall be enforced once they acquire the required legal finality or where immediate safety danger exists under the law. Authorities may remove violations at the responsible party’s expense after warning and obtaining necessary legal authorisation.
Article (137) — Violations register
The local body shall maintain a property-linked register of violations, orders, settlements and judgments, integrated with licensing and property registration within data protection limits to prevent repeated conflicting approvals.
Chapter Eleven — Legislative alignment and transitional provisions
Article (138) — Existing plans
Master plans, other plans and approved details predating this Law shall remain effective until amended or replaced, unless inconsistent with a mandatory provision herein.
Article (139) — Review of old plans
Within one year of entry into force, the Ministry shall establish a programme identifying outdated, non-digital or overdue plans, prioritising updates by population, services and risks.
Article (140) — Baghdad
Baghdad Master Plan Law No. (156) of 1971 and its implementing provisions shall remain transitionally effective insofar as compatible with this Law, until a special capital planning regulation and its instruments are adopted within no more than eighteen months.
Article (141) — Ending legislative duplication
Once the capital planning regulation takes effect, planning provisions of Baghdad Master Plan Law No. (156) of 1971 superseded by this Law shall be repealed. The amending or repealing law shall identify provisions retained for historical or institutional purposes to avoid a vacuum.
Article (142) — Municipal Administration Law
Municipal Administration Law No. (165) of 1964, as amended, shall remain applicable to municipal services and administration. Conflicting planning procedure and land-use provisions shall be repealed or amended to the extent superseded herein. The Council of Ministers shall prepare the necessary amendment bill within twelve months.
Article (143) — Roads and Buildings Regulation
Effective planning provisions of Roads and Buildings Regulation No. (44) of 1935, as amended, shall continue temporarily until modern regulations under this Law and the National Building Law are issued. Provisions contrary to higher-ranking legislation shall not apply.
Article (144) — Expropriation, registration and investment laws
This Law shall be interpreted together with Expropriation Law No. (12) of 1981, as amended, Real Estate Registration Law No. (43) of 1971, and Investment Law No. (13) of 2006, as amended. None replaces planning conformity where required.
Article (145) — Environment and heritage
This Law does not prejudice Environmental Protection and Improvement Law No. (27) of 2009, Antiquities and Heritage Law No. (55) of 2002, or specialist water, agriculture, road, aviation and energy laws. The more protective requirement shall prevail where restrictions overlap unless otherwise provided by law.
Article (146) — Pending applications
Applications submitted before entry into force shall be decided under previous rules if substantive requirements were complete, unless their application threatens safety, environment or a fundamental public right. Regulations shall define completeness to prevent fictitious legal positions.
Article (147) — Digitisation and conversion
Paper plans shall be converted to authenticated digital form within three years, checked against official originals and preserving amendment histories. Digitisation alone shall not change legal boundaries.
Article (148) — Capacity building
The Ministry and governorates shall implement phased training for planners and municipalities on classification, geographic information systems, participation and assessments, using existing institutions, training centres and universities wherever possible.
Chapter Twelve — Final provisions
Article (149) — Regulations
The Council of Ministers shall issue implementing regulations within twelve months of publication on the competent Minister’s proposal and in coordination with relevant bodies.
Article (150) — Instructions
The competent Minister, governor and Mayor of Baghdad may each issue necessary technical and procedural instructions within their competence, consistent with the Law, regulations and higher-level plans.
Article (151) — Planning standards
National service, subdivision and density standards shall be reviewed at least every five years. Technical schedules may be updated by published decision if no fee or new property restriction beyond statutory delegation is created.
Article (152) — Procedural deadlines
Regulations shall set decision periods for ordinary and complex applications, their calculation and suspension for missing documents. Applicants shall be notified of all deficiencies together wherever possible. Expiry shall not create automatic approval for decisions affecting others’ rights, safety or the environment.
Article (153) — Parliamentary report
Every two years, the competent Minister shall submit to the Council of Representatives a public implementation report covering plan updates, urban expansion, substantial changes of use, spatial-platform progress and principal legislative conflicts.
Article (154) — Repeal of conflicts
Conflicting provisions shall be repealed to the extent of conflict once the transitional regulations specified herein take effect. No special law shall be understood as repealed without express provision.
Article (155) — Entry into force
This Law shall take effect ninety days after publication in the Official Gazette. That period shall be used to prepare forms, registers and transitional procedures.
Statement of reasons
Because urban planning and land-use rules are old and fragmented across multiple laws, regulations and decisions; to establish a modern unified framework for planning levels and plan preparation and amendment; strengthen decentralisation and federal–local coordination; protect property, environment, agricultural land, heritage and public facilities; link urban expansion to infrastructure capacity; and guarantee participation, transparency, spatial data, oversight and appeal, this Law is enacted.
Explanatory memorandum
1. Why does Iraq need a new framework law?
The problem is not the absence of planning rules, but an accumulated historical system that no longer provides a unified legal language for plans across governorates. The Roads and Buildings Regulation dates to 1935, Municipal Administration Law to 1964 and Baghdad Master Plan Law to 1971. The General Directorate of Urban Planning took its present form by a 1984 decision, followed by further standards and decisions. This accumulation can process individual transactions but cannot alone govern contemporary multilevel urban growth.
2. Why does the Law not establish a new authority?
A specialist general directorate and governorate planning branches already exist, alongside the Ministry of Planning, Baghdad Mayoralty and municipalities. The proposal therefore uses existing structures and adds a Council of Ministers coordination council for cross-ministry and cross-governorate matters rather than an independent executive apparatus with new staff and budget.
3. Federal–local balance
The Constitution makes development policy and general planning shared competences. The proposal translates this into functional allocation: national frameworks, standards, coordination and shared data federally; detailed plans, development control and implementation locally; with mechanisms for projects and corridors crossing governorate or municipal boundaries.
4. Protecting plans against exceptional changes
A particularly important rule is that an investment or government project does not itself change land use. If a project serves public interest but conflicts with the plan, a reasoned, transparent amendment process must begin first. This prevents master plans from becoming advisory maps bypassed through subsequent individual applications.
5. Property and planning reservations
The proposal protects the State’s right to reserve roads, schools and parks but rejects indefinite freezing of private property without an implementation horizon. Reservations must therefore be reviewed every five years, and owners may seek removal or initiation of expropriation where a reservation prevents reasonable use without a realistic programme.
6. Relationship with housing and informal settlements
The National Housing Policy 2025–2030 connects housing to balanced urban development, land management and infrastructure. This Law translates the planning and land aspects but does not determine informal residents’ rights or rehousing programmes, which belong under the Social Housing, Informal Settlement Regularisation and Urban Renewal Law.
7. Digitisation
The proposed digital transformation is not a parallel new map. It is a platform displaying the legally effective version and amendment history and exchanging data with the Iraq Geoportal and property and statistical bodies. Its central legal value is traceability: who changed a use, when and under which decision.
Alignment with existing legislation
| Reference | Relationship | Treatment |
|---|---|---|
| Constitution of the Republic of Iraq, 2005 | General planning is a shared competence, property is protected and a healthy environment is a right. | Governs allocation of competences and compensation and participation mechanisms. |
| Municipal Administration Law No. 165 of 1964, as amended | Regulates municipalities, local functions and services, and provisions affecting planning. | Remains for municipal functions; conflicting planning provisions are amended during transition. |
| Baghdad Master Plan Law No. 156 of 1971 | A special binding framework for the capital. | Continues temporarily until the Baghdad planning regulation, followed by express replacement of its planning provisions. |
| Roads and Buildings Regulation No. 44 of 1935, as amended | Contains old subdivision, building and planning rules. | Continues transitionally until modern planning and building regulations are issued. |
| Governorates Not Incorporated into a Region Law No. 21 of 2008, as amended | Regulates decentralisation and transfer of powers. | The Law is implemented through allocation, not recentralisation, of competences. |
| Expropriation Law No. 12 of 1981, as amended | Governs expropriation, compensation and betterment. | Remains the reference for compulsory acquisition and compensation; planning itself transfers no ownership. |
| Real Estate Registration Law No. 43 of 1971 | Governs registration, subdivision and rights in rem. | Link subdivision to planning conformity while preserving registration competence. |
| Investment Law No. 13 of 2006, as amended | Provides a route for investment licences and projects. | An investment licence does not substitute for land-use conformity. |
| Environmental Protection and Improvement Law No. 27 of 2009 | Environmental oversight and assessment. | Integrate its effects into strategic planning without replacing its approvals. |
| Antiquities and Heritage Law No. 55 of 2002 | Protects archaeological and heritage sites and buildings. | Show restrictions in plans while retaining special legal protection. |
| Public Roads Law No. 35 of 2002, as amended | Regulates roads and protected corridors. | Record corridors and protected zones in plans with the sectoral body. |
Transitional provisions and implementation requirements
| Period from entry into force | Requirement |
|---|---|
| Within 6 months | Form the Coordination Council, adopt standard planning-decision forms and begin an inventory of effective plans and their digital status. |
| Within 12 months | Issue principal regulations, use classification, participation rules, planning-permission rules and spatial-data rules. |
| Within 18 months | Issue Baghdad’s special planning regulation and identify provisions replaced in Master Plan Law No. 156 of 1971. |
| Within 24 months | Operate the national plan and amendment register, progressively connecting municipalities, property registration and investment bodies. |
| Within 36 months | Digitise priority plans and complete programmes for updating outdated plans according to risk and growth. |
| Periodically | Five-yearly review of plans, indicators, reservations and planning standards. |
Financial and implementation impact
The Law’s direct financial impact is principally institutional and digital: plan updates, map digitisation, the spatial platform, studies and training. Roads, water and sanitation networks, schools and housing are sectoral investments and must not all be counted as costs of implementing the Law itself.
| Item | Cost type | Approach |
|---|---|---|
| Digitisation of plans and maps | Establishment and data-verification costs. | Phased implementation using existing government infrastructure and platforms. |
| Preparation and updating of plans | Periodic studies varying by city size. | Funded from relevant budgets and open to competitive procurement. |
| Platform and amendment history | Software development, integration and maintenance. | Prioritise interoperability with the Iraq Geoportal over duplicate systems. |
| Training and local offices | Training, GIS equipment and technical capabilities. | Use existing structures, universities and training centres. |
| Infrastructure resulting from growth | Major sectoral capital costs. | Do not attribute these to the Law; programme them through sector-specific plans, budgets, investment and partnerships. |
No unified data support a reliable national estimate for updating all plans and digital systems. The proposal therefore requires the government to prepare an implementation financial statement after inventorying plan numbers, condition and digitisation needs, rather than publish a falsely precise estimate.
Brief international comparison
Modern planning legislation increasingly separates strategic planning from individual development decisions while maintaining a legal connection, requiring public participation, reasons for land-use changes and accessible data. It also increasingly links planning to transport, infrastructure and climate resilience rather than merely colouring a city map by use.
The United Nations New Urban Agenda reflects principles of compact, sustainable and participatory cities and access to services and public spaces. The World Bank’s 2026 report on Middle East and North African cities also identifies improved land-use planning and connectivity to markets and infrastructure as important for job creation. The proposal translates these principles into legal tools without copying a foreign institution or importing numerical ratios unsuited to Iraq.
Nationally, this direction aligns with Iraq’s National Housing Policy 2025–2030, connecting housing to land management, balanced planning and institutional coordination, and with spatial development objectives in the National Development Plan 2024–2028.
Sources and references
- Constitution of the Republic of Iraq, 2005 — Supreme Judicial Council.
- General Directorate of Urban Planning — overview, duties and status of the urban planning bill.
- General Directorate of Urban Planning — legislation, regulations and laws in force.
- General Directorate of Urban Planning — Municipal Administration Law No. 165 of 1964, as amended.
- General Directorate of Urban Planning — Baghdad Master Plan Law No. 156 of 1971.
- General Directorate of Urban Planning — Roads and Buildings Regulation No. 44 of 1935, as amended.
- Iraqi Council of Representatives — briefing on the Baghdad Master Plan Law and Municipal Administration Law.
- Ministry of Planning — National Development Plan 2024–2028 summary.
- United Nations in Iraq / UN-Habitat — Iraq National Housing Policy 2025–2030.
- United Nations in Iraq — launch of the National Housing Policy 2025–2030.
- United Nations in Iraq — developing the response to informal settlements, September 2025.
- Supreme Judicial Council — application of Expropriation Law No. 12 of 1981, as amended.
- Ministry of Justice — decision clarifying application of Environmental Protection and Improvement Law No. 27 of 2009.
- Ministry of Justice — administrative jurisprudence on Antiquities and Heritage Law No. 55 of 2002 and property rights.
- Ministry of Justice — issuance of the first amendment to Public Roads Law No. 35 of 2002.
- World Bank — Cities that Work: MENA Cities and land-use planning, 2026.
- UN-Habitat — Iraq Urban Research and Capacity Development.
- United Nations — New Urban Agenda.
Last verification of live sources: 7 October 2026. Sources document the legal and policy context; the bill’s articles are drafted as independent legislative text without source citations inside each article.