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POL-56

This is a proposal for discussion, not an enacted law.

Ali Zuweid’s political programme

Proposed bill · Energy, Infrastructure, Water, Environment and Urban Development

Urban Planning and Land Use Law

Document numberPOL-56
TypeProposed federal bill — framework law
Version1.0
Publication and update date7 October 2026

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.

Legislative gap and proposed policy

Gaps addressed by the Law
AreaFragmented situationProposed response
Plan hierarchyMultiple 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 useScattered procedures and potential proliferation of approvals and special decisions.A needs-and-impact test, published decisions, and classification of amendments as substantial or limited.
DecentralisationA centralised legacy overlaps with governorate and municipal powers.Define shared federal functions while retaining local planning and implementation with local bodies.
Participation and transparencyNot uniformly integrated into plan preparation.Early notice, a comment period, hearings, a response report and reasoned decisions.
Spatial dataMultiple maps and sources, with updates that may be difficult to track.A national platform, amendment history and interoperability with statistical and property bodies.
Urban expansionPressure on agricultural land and services, with fragmented growth.Phased growth boundaries and land-needs estimates linked to infrastructure.
Property rightsPlanning 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.
Legislative choice: this file is drafted as a new federal framework law, rather than one amendment to an old law, because it intersects legislation from different eras and requires a unified system with express transitional provisions.

Text of the bill

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

Principal relevant laws and regulations
ReferenceRelationshipTreatment
Constitution of the Republic of Iraq, 2005General 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 amendedRegulates 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 1971A 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 amendedContains 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 amendedRegulates decentralisation and transfer of powers.The Law is implemented through allocation, not recentralisation, of competences.
Expropriation Law No. 12 of 1981, as amendedGoverns expropriation, compensation and betterment.Remains the reference for compulsory acquisition and compensation; planning itself transfers no ownership.
Real Estate Registration Law No. 43 of 1971Governs registration, subdivision and rights in rem.Link subdivision to planning conformity while preserving registration competence.
Investment Law No. 13 of 2006, as amendedProvides 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 2009Environmental oversight and assessment.Integrate its effects into strategic planning without replacing its approvals.
Antiquities and Heritage Law No. 55 of 2002Protects archaeological and heritage sites and buildings.Show restrictions in plans while retaining special legal protection.
Public Roads Law No. 35 of 2002, as amendedRegulates roads and protected corridors.Record corridors and protected zones in plans with the sectoral body.

Transitional provisions and implementation requirements

Proposed institutional transition schedule
Period from entry into forceRequirement
Within 6 monthsForm the Coordination Council, adopt standard planning-decision forms and begin an inventory of effective plans and their digital status.
Within 12 monthsIssue principal regulations, use classification, participation rules, planning-permission rules and spatial-data rules.
Within 18 monthsIssue Baghdad’s special planning regulation and identify provisions replaced in Master Plan Law No. 156 of 1971.
Within 24 monthsOperate the national plan and amendment register, progressively connecting municipalities, property registration and investment bodies.
Within 36 monthsDigitise priority plans and complete programmes for updating outdated plans according to risk and growth.
PeriodicallyFive-yearly review of plans, indicators, reservations and planning standards.
Transition principle: entry into force shall neither halt municipal work nor invalidate all existing plans at once; it gradually transfers the system to a unified framework and prevents a regulatory vacuum.

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.

Financial impact assessment method
ItemCost typeApproach
Digitisation of plans and mapsEstablishment and data-verification costs.Phased implementation using existing government infrastructure and platforms.
Preparation and updating of plansPeriodic studies varying by city size.Funded from relevant budgets and open to competitive procurement.
Platform and amendment historySoftware development, integration and maintenance.Prioritise interoperability with the Iraq Geoportal over duplicate systems.
Training and local officesTraining, GIS equipment and technical capabilities.Use existing structures, universities and training centres.
Infrastructure resulting from growthMajor 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

  1. Constitution of the Republic of Iraq, 2005 — Supreme Judicial Council.
  2. General Directorate of Urban Planning — overview, duties and status of the urban planning bill.
  3. General Directorate of Urban Planning — legislation, regulations and laws in force.
  4. General Directorate of Urban Planning — Municipal Administration Law No. 165 of 1964, as amended.
  5. General Directorate of Urban Planning — Baghdad Master Plan Law No. 156 of 1971.
  6. General Directorate of Urban Planning — Roads and Buildings Regulation No. 44 of 1935, as amended.
  7. Iraqi Council of Representatives — briefing on the Baghdad Master Plan Law and Municipal Administration Law.
  8. Ministry of Planning — National Development Plan 2024–2028 summary.
  9. United Nations in Iraq / UN-Habitat — Iraq National Housing Policy 2025–2030.
  10. United Nations in Iraq — launch of the National Housing Policy 2025–2030.
  11. United Nations in Iraq — developing the response to informal settlements, September 2025.
  12. Supreme Judicial Council — application of Expropriation Law No. 12 of 1981, as amended.
  13. Ministry of Justice — decision clarifying application of Environmental Protection and Improvement Law No. 27 of 2009.
  14. Ministry of Justice — administrative jurisprudence on Antiquities and Heritage Law No. 55 of 2002 and property rights.
  15. Ministry of Justice — issuance of the first amendment to Public Roads Law No. 35 of 2002.
  16. World Bank — Cities that Work: MENA Cities and land-use planning, 2026.
  17. UN-Habitat — Iraq Urban Research and Capacity Development.
  18. 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.

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