National Building, Construction Codes and Safety Law
Executive Summary
The proposal establishes, for the first time, an integrated national legal framework linking building permits to technical codes, inspection and occupancy certification, transforming scattered Iraqi building-code documents into an updatable, enforceable system. It uses the existing Iraqi Building Council rather than creating a new authority and clearly assigns responsibilities to owners, designers, contractors, supervisors and permitting authorities. It also addresses earthquake and fire resistance, accessibility, energy and water efficiency and existing-building safety, with digital procedures, administrative review and safeguards against arbitrariness and corruption.
Constitutional and Legal Context
Iraq currently relies on a mixture of Roads and Buildings Regulation No. (44) of 1935, local building-permit rules, sectoral civil-defence, environmental and standardisation laws, and multiple technical codes and specifications. When the Iraqi Building Council began work, the Ministry of Construction, Housing and Public Municipalities confirmed the absence of a unified building law and identified drafting one as a Council function. The Ministry of Planning has also called on state institutions to apply Iraqi building codes and specifications, covering structural safety, fire, earthquakes, installations, accessibility, insulation and other matters. The problem is not simply missing technical knowledge but the missing ‘legal chain’ that clearly adopts a code and connects it to permits, review, inspection, occupancy certification and liability.
The Constitution places protection of life, security, property and the environment within its rights framework and makes environmental, development and general-planning policies shared competences. Building legislation must therefore combine national safety standards with respect for the federal structure and allocation of powers.
Legislative Gap
Responsibilities are currently dispersed among municipalities or the Baghdad Mayoralty, planning departments, civil defence, the Central Organization for Standardization and Quality Control, and professional and sectoral bodies. Diversity can be useful when coordinated, but becomes a gap where no single body defines the application pathway, status of technical documents, point when a code becomes mandatory or responsibility for verification. The proposal therefore builds on the Iraqi Building Council and existing permitting authorities, separating three functions: national policy and code-setting, local permit issuance, and professionals’ design and execution responsibilities.
Proposed Legislative Policy
The proposal uses risk-based regulation. A small dwelling does not require the same review as a hospital, tower or critical facility. Procedural simplicity, however, must not excuse abandonment of structural, electrical or fire safety. It adopts updatable performance codes and permits alternative engineering solutions demonstrating equivalence, rather than fixing technical values in statute. It also protects existing buildings from comprehensive, costly retrospective application while requiring intervention for serious hazards, changes of use or increased loads.
Draft Law
Chapter One — General Provisions and Definitions
Article (1) — Title and Scope
This Law shall be called the ‘National Building, Construction Codes and Safety Law’. It regulates minimum legal safety and quality requirements for the design, construction, alteration, maintenance, occupancy and demolition of buildings and structures, and mechanisms for adopting and enforcing building codes.
Article (2) — Objectives
The Law aims to protect life, health and property, reduce building collapses, fires and earthquake and disaster risks, improve construction quality, ensure accessibility, conserve energy and water, and unify permitting and technical oversight without turning technical codes into rigid legislation.
Article (3) — Geographical Application
This Law applies to governorates not incorporated into a region and federal projects and facilities wherever located. In the Kurdistan Region it applies within exclusive federal powers, with shared competences coordinated under the Constitution and applicable legislation, without prejudice to the Region’s right to adopt more protective requirements.
Article (4) — Subject-matter Scope
The Law covers new buildings, additions, extensions, substantive alterations, changes of occupancy, strengthening, restoration and demolition, temporary structures specified by codes, and existing buildings where circumstances require assessment or intervention.
Article (5) — Limited Exceptions
State buildings and publicly financed projects are not exempt from safety requirements. Codes may provide simplified pathways for small, low-risk structures or special arrangements for sensitive military and security facilities, preserving essential safety requirements without disclosing protected information.
Article (6) — Definitions
‘Code’ means mandatory technical rules adopted under this Law; ‘permitting authority’, the municipality, Baghdad Mayoralty or legally competent local body; ‘structure’, any building, structural work or part thereof; ‘designer’, a person or office legally licensed to prepare designs; ‘supervisor’, the professional entity assigned to oversee execution; and ‘occupancy certificate’, the document allowing use for the permitted purpose.
Article (7) — Minimum Requirements
The Law and codes establish minimum safety and performance requirements. Owners, designers or local bodies may adopt higher levels where lawful, technically substantiated and not causing unjustified discrimination or arbitrary obstruction of permitting.
Article (8) — Relationship with Planning and Land Use
A building permit confers no right contrary to the master plan, land use or approved setbacks, heights and densities. This Law complements rather than replaces urban planning rules.
Article (9) — Relationship with Property Rights
A building permit may be refused or suspended only for a published legal or technical reason. Restrictions on property use shall be proportionate, reasoned and open to administrative review and judicial appeal under the law.
Article (10) — Prevention and Risk Management
Building rules shall use prevention, classification by occupancy, risk and importance, and review, testing and inspection depth proportionate to potential consequences of failure.
Article (11) — Non-discrimination and Accessibility
Buildings and facilities open to the public, and categories specified by codes, shall enable safe, independent access and use by persons with disabilities, older persons and children, consistent with universal design and applicable international conventions.
Article (12) — Transparency and Digitalisation
Where infrastructure permits, permitting, review, inspection and occupancy certification shall use an auditable electronic register showing application status, decisions, approved drawings and substantive changes, without publishing unnecessary personal or security information.
Chapter Two — National Governance and Building Codes
Article (13) — Iraqi Building Council
The existing Iraqi Building Council within the Ministry of Construction, Housing and Public Municipalities shall be the highest national coordinating body for building policy within this Law’s remit. No parallel authority is created.
Article (14) — Council Functions
The Council shall propose general building policy, approve the programme of codes and reviews, coordinate sectoral bodies, propose regulations and instructions, adopt risk-classification methodology and monitor compliance indicators and construction-related incidents.
Article (15) — Codes Committee
A standing technical codes committee shall operate within the Council, including competent bodies, universities, professional associations, laboratories and sectoral experts. Internal rules shall govern conflicts of interest, voting and use of experts.
Article (16) — National Code System
The system shall include general and specialised codes covering, as needed, loads and forces, earthquakes, foundations, concrete, steel, fire, alarms and firefighting, electricity, lifts, sanitary works, water and wastewater, ventilation and air conditioning, insulation, energy, accessibility, construction-phase safety and materials.
Article (17) — Legal Force of Codes
A code or technical specification becomes binding after adoption under this Law, publication of the adoption decision and effective date, and appropriate access to the official text for implementing bodies and citizens.
Article (18) — Hierarchy of Technical Documents
In a conflict, the Law prevails, followed by its regulations, adopted codes and then reference standards incorporated by a code. No standard or guidance may create a sanction or obligation beyond statutory authority.
Article (19) — Updating Codes
Codes shall be reviewed periodically, at least every five years, and may be updated sooner for a new hazard or substantive change in engineering knowledge, climate, seismic information, materials or construction technologies.
Article (20) — Public Consultation
Every draft code or substantive amendment shall be published for at least thirty days’ consultation, except urgent changes addressing imminent danger, whose reasons shall be published and which shall be reassessed within one year.
Article (21) — Regulatory Assessment
Each new code shall include a statement of scope, technical basis, affected groups, expected safety and cost effects, transition plan and training, laboratory or equipment requirements for enforcement.
Article (22) — International References
Where no adequate Iraqi standard exists, codes may reference recognised international or regional standards, specifying the adopted edition and making mandatory requirements ascertainable. Obligations shall not follow automatically changing standards without national adoption.
Article (23) — Engineering Alternatives
An alternative to a code’s prescriptive provisions may be accepted where a qualified designer demonstrates through documented analysis and independent review where necessary that it provides equal or better safety and performance for the code’s functional objective.
Article (24) — National Database
The Council shall establish a national register of codes, interpretive decisions, frequently asked technical questions and superseded editions, specifying each edition’s effective date to prevent use of outdated or conflicting versions.
Article (25) — Implementation Reports
The Council shall publish a concise annual implementation report covering permit numbers, determination times, refusals, inspections and significant structural and fire incidents, excluding personal data and trade secrets.
Chapter Three — Building Permits and Digital Procedures
Article (26) — Permit Requirement
No construction, addition, substantive alteration, demolition or change of occupancy may begin without the required permit or approval, except minor maintenance specified by instructions.
Article (27) — Permitting Authority
The municipality, Baghdad Mayoralty or authorised local body shall issue permits within its jurisdiction and coordinate sectoral approvals through a single window wherever possible.
Article (28) — Single Window
Permitting authorities shall not require applicants to visit multiple bodies where government approvals can be exchanged electronically. Each application shall have one tracking number.
Article (29) — Application Requirements
Applications shall include ownership or disposal rights, location, use, drawings, calculations required for the project category, designers’ names, soil reports where necessary, and civil-defence, environmental, accessibility and service requirements.
Article (30) — Ownership and Planning Verification
The permitting authority shall verify title or legal entitlement and compliance with use, boundaries, setbacks and heights. Municipal review does not replace designers’ responsibility for design safety.
Article (31) — Project Classification
Regulations and codes shall classify project risk by height, occupancy, user numbers, structural complexity, hazardous materials and facility importance. Classification determines documentation, review and inspection requirements.
Article (32) — Simplified Pathway
A simplified pathway may apply to small, low-risk residential buildings with repeated designs, without waiving foundations, structural, electrical, fire or applicable accessibility requirements.
Article (33) — Independent Review
High-rise buildings, particularly important facilities, unusual structural systems and projects designated by code shall receive independent design review by a qualified body that did not prepare the original design.
Article (34) — Determination Periods
Instructions shall set determination periods by project class, running from completion of requirements. Authorities shall notify applicants of deficiencies together wherever possible. Silence shall not constitute approval on safety matters.
Article (35) — Refusal Decisions
Permit refusal or a request for substantive alteration shall be written and reasoned, identifying the breached legal or technical provision and review route.
Article (36) — Permit Validity
Permit duration shall depend on project type. Extension is allowed where essential requirements and site conditions remain unchanged. A permit becomes invalid if design or use changes substantively without approval.
Article (37) — Approved Drawings
The authority shall retain endorsed copies of approved drawings and calculations, and a matching inspectable copy shall be kept on site.
Article (38) — Changes During Construction
No change affecting the structural system, escape routes, fire safety, accessibility, use, height or critical services may be executed before approval. Instructions shall identify minor changes that may be documented afterwards.
Article (39) — Fees
Fees shall be set by law or regulation based on service cost without disproportionately obstructing lawful construction. They shall be clearly published, and no payments may be collected outside official channels.
Article (40) — Electronic Permit Register
The register shall record application dates, decisions, approvals, inspections, occupancy certificates and stop-work or remediation orders, with an audit trail preventing undocumented deletion or alteration of decisions.
Chapter Four — Professional Responsibilities and Design
Article (41) — Owner’s Responsibility
The owner or developer shall obtain permits, engage qualified professionals, permit inspection and refrain from using the structure before occupancy certification. This does not remove the contractor’s or designer’s responsibility.
Article (42) — Designer Qualifications
An engineering design requiring professional expertise may be approved only if prepared and signed by an engineer, architect or office qualified under applicable professional laws and within their competence.
Article (43) — Designer’s Responsibility
Designers are responsible for design safety and conformity with codes and site information requiring professional verification. They shall state material assumptions, loads, analysis methods and use limitations.
Article (44) — Coordination of Disciplines
The lead designer shall coordinate architectural, structural, electrical, mechanical, fire, accessibility and service drawings to prevent safety-related conflicts.
Article (45) — Design Report
Codes shall specify when a design report is required, describing structural system, importance category, standards and codes, soil findings, loads, analysis model and construction and testing requirements.
Article (46) — Soil Report
Geotechnical investigation is required for projects designated by codes. Its scope shall match structural size and risks from settlement, groundwater, seismic liquefaction and adjacent excavation.
Article (47) — Seismic Design
Structures shall meet earthquake-resistance requirements under the adopted hazard map and code. Classification and importance of use shall inform the required safety level.
Article (48) — Climate Change and Heat
Codes shall consider current climate data, heatwaves, rainfall intensity, wind, dust and local flooding when determining loads and envelope, service and drainage requirements.
Article (49) — Fire Safety in Design
Design shall coordinate fire resistance, compartmentation, evacuation routes, detection, alarm and suppression systems, and civil-defence access according to occupancy, height and risk.
Article (50) — Accessibility in Design
Accessibility shall be integrated from design rather than added later. Codes shall specify accessible proportions and routes, lifts, sanitary facilities, parking, signage and evacuation requirements for persons with disabilities.
Article (51) — Energy Efficiency
Codes shall set minimum thermal insulation, window, shading, air-conditioning, lighting, hot-water and control-system efficiency requirements suited to Iraq’s climate, building class and lifecycle cost-effectiveness.
Article (52) — Water Efficiency
Codes shall regulate water-efficient fixtures, leakage, backflow protection, rainwater management and reuse where safe and viable.
Article (53) — Electrical and Mechanical Safety
Electrical, gas and mechanical installations, lifts and pressure equipment shall be designed under codes, with isolation, protection, maintenance and safe-access provisions.
Article (54) — Critical Facilities
Hospitals, emergency and civil-defence centres, critical government facilities and designated service stations shall meet enhanced continuity, resilience and post-disaster operational requirements.
Article (55) — Retention of Design Documents
Designers, owners and permitting authorities shall retain core documents for the period specified by regulations, no shorter than the time needed to trace material engineering decisions. Reliable electronic retention is permitted.
Chapter Five — Construction, Supervision and Site Safety
Article (56) — Qualified Contractors
Work requiring professional classification shall be undertaken only by a contractor or company qualified under applicable legislation, with classification proportionate to project scale and complexity.
Article (57) — Contractor’s Responsibility
Contractors shall follow approved drawings, codes and safety instructions, use compliant materials and notify supervisors of apparent conflicts or errors before execution.
Article (58) — Engineering Supervision
Projects in classes designated by regulations shall receive actual engineering supervision sufficiently independent of the contractor’s work to verify critical stages.
Article (59) — Quality Programme
For medium- and high-risk projects, contractors shall prepare quality plans covering hold points, inspections, tests, laboratories, material acceptance and non-conforming work procedures.
Article (60) — Occupational Safety
Employers and contractors shall follow the general safety code for construction projects and labour and occupational-health rules, controlling scaffolding, excavation, lifting, temporary electricity, falls and machinery risks.
Article (61) — Protection of Neighbouring Property
Adjacent buildings, property, roads and services shall be protected from excavation, vibration, dust, water and collapse. A prior condition survey shall be conducted where the project requires it.
Article (62) — Deep Excavations
Deep excavations or those near existing structures require appropriate support, protection and monitoring designs. The competent body may require movement and groundwater monitoring instruments.
Article (63) — Temporary Works
Scaffolding, formwork, shoring, lifting structures and critical temporary works shall meet technical design requirements. Removal of supports or construction sequencing shall not create uncalculated loads.
Article (64) — Critical Stages
Codes shall designate stages that may not be concealed or passed before inspection or documentation, including, according to project type, foundations, reinforcement, fire-resistant elements, waterproofing or insulation and principal connections.
Article (65) — Site Records
Projects specified by instructions shall maintain site records of visits, inspections, tests, changes, incidents, technical orders and rejected materials.
Article (66) — Laboratories
Tests affecting acceptance of materials or structural elements shall be performed by laboratories whose competence is recognised under national accreditation or adopted rules, preserving sample traceability.
Article (67) — Non-conforming Work
Where non-conforming work is identified, the affected portion shall stop and shall not be covered or used before evaluation. It may be accepted through documented engineering analysis demonstrating safety or after repair and retesting.
Article (68) — Material Substitution
No specified material or system may be replaced in a way affecting safety, fire protection or performance without the designer’s approval and competent authority approval where necessary.
Article (69) — Reporting Serious Danger
An engineer, contractor or laboratory discovering an imminent threat to life shall immediately notify the owner, supervisor and permitting authority. Contractual confidentiality shall not prevent reporting.
Article (70) — Preventive Stop-work Orders
The permitting authority or competent inspector may temporarily stop work for serious danger, unpermitted construction or a safety-related violation. The order shall state reasons and be confined to the risk’s scope.
Article (71) — Resumption of Work
Work shall resume once the cause of suspension has been removed and verified. Necessary protection and strengthening works may continue during suspension under appropriate supervision.
Chapter Six — Structural Safety and Resilience
Article (72) — Structural Principle
Structures shall be designed and built to maintain sufficient strength, stability and stiffness for expected loads throughout their design life with reasonable maintenance, without disproportionate collapse.
Article (73) — Loads
Calculations shall consider permanent and imposed loads, wind, earthquakes, temperature, water, soil, snow where applicable, equipment, impact, fire and other loads under the code.
Article (74) — Progressive Collapse
Codes shall identify structures requiring measures against progressive or disproportionate collapse according to importance, occupancy density and height.
Article (75) — Structural Materials
Structural materials shall have documented properties and accepted design and construction methods. Codes shall specify requirements for concrete, steel, masonry, timber, composites and new systems.
Article (76) — Existing Structures
Assessment of existing structures may use methods accounting for age, testing and actual materials instead of automatically imposing every new-building requirement, unless the risk is unacceptable.
Article (77) — Change of Use
Where changed occupancy increases loads, occupant numbers, fire risk or importance category, structural capacity shall be assessed and necessary strengthening completed before approval of the new occupancy.
Article (78) — Additional Storeys
Additional storeys may be permitted only after assessment of foundations, existing elements, seismic resistance and load-path integrity. Visual expertise alone shall not replace necessary analysis.
Article (79) — Earthquakes
Seismic requirements shall aim to protect life and prevent collapse, with higher performance for critical facilities. Hazard maps and parameters shall be reviewed when newer scientific monitoring data become available.
Article (80) — Flooding and Flash Floods
Competent bodies shall establish flood and flash-flood hazard maps, reflected in floor and entrance levels, electrical services, emergency exits and sensitive equipment.
Article (81) — Periodic Inspection of Special Structures
Codes may require periodic inspection of high-rise buildings, internal bridges, large public facilities and structures exposed to corrosion, vibration or repeated loads, specifying responsibility and intervals.
Article (82) — Structurally Dangerous Facilities
Where inspection indicates possible collapse or serious failure, the competent authority may order partial or complete evacuation, strengthening or use restrictions proportionate to risk and for the shortest necessary duration.
Chapter Seven — Fire and Life Safety
Article (83) — Fire Requirements
Buildings shall meet integrated fire prevention, resistance, detection, alarm, suppression and evacuation requirements, coordinated with the Civil Defence Directorate and its applicable Law.
Article (84) — Occupancy Classification
Codes shall establish occupancy and fire-risk classes, occupant load, number and width of exits, travel distances and required protection according to use.
Article (85) — Evacuation Exits
Escape exits and routes shall be continuous, clear and usable in emergencies and shall not rely on ordinary lifts unless the code permits a special system.
Article (86) — High-rise Buildings
High-rise buildings shall meet additional requirements for protected stairs, pressurisation, smoke control, firefighting lifts where necessary, water supply, control rooms and backup power.
Article (87) — Detection and Alarm Systems
Detection and alarm systems shall be installed in classes specified by code, be testable and maintainable, and provide appropriate warnings for persons with sensory disabilities.
Article (88) — Fire Suppression Systems
Codes shall specify where sprinklers, firefighting networks, extinguishers, tanks and pumps are required. Disabling or disconnecting them without temporary protective measures is prohibited.
Article (89) — Combustible Materials
Finishes, insulation, exterior cladding and roof materials shall undergo code-specified fire-performance testing, with particularly stringent requirements for high-rise buildings and escape routes.
Article (90) — Civil-defence Access
Projects specified by code shall provide suitable civil-defence vehicle access, supply points, site plans and information on hazardous materials and critical systems.
Article (91) — Emergency Plans
Buildings with large or special occupancies require emergency and evacuation plans and periodic training under civil-defence rules. Occupancy certification does not replace continuing operation and maintenance of safety systems.
Chapter Eight — Health, Accessibility, Resource Efficiency and Services
Article (92) — Ventilation and Air Quality
Natural or mechanical ventilation shall prevent accumulation of pollutants, moisture, mould and harmful heat under the code and occupancy type.
Article (93) — Lighting
Safe natural and artificial lighting, energy efficiency and glare prevention shall be provided in work, living and circulation areas according to use.
Article (94) — Water and Sanitation
Water and sanitary installations shall be watertight, safe and maintainable, separating contaminated water and preventing backflow into drinking-water networks.
Article (95) — Rainwater Drainage
Roofs, yards and drainage systems shall accommodate adopted rainfall intensities and direct water without harming the property, neighbours or drainage networks.
Article (96) — Thermal Comfort
Codes shall establish envelope, shading, insulation and control requirements that reduce dangerous heat exposure and energy consumption without impairing ventilation or health.
Article (97) — Electrical Loads
Circuit capacities, electric-shock, fire and short-circuit protection, earthing, lightning protection and backup power shall be addressed in facilities requiring continuity.
Article (98) — Lifts
Lifts and lifting platforms shall be designed, installed, inspected and maintained under codes, with rescue and communication arrangements, periodic testing and special requirements for hospitals and high-rise buildings.
Article (99) — Accessibility of Public Buildings
No new building open to the public shall receive an occupancy certificate without implementing minimum code accessibility requirements, including the route from site boundaries to essential services.
Article (100) — Reasonable Adaptation of Existing Buildings
Regulations shall set priorities and periods for phased adaptation of existing public buildings, considering structural and heritage constraints and providing practical service alternatives where full adaptation is impossible.
Article (101) — Noise and Vibration
Codes shall set noise and vibration limits and insulation measures for uses affecting health, comfort or sensitive facilities.
Article (102) — Harmful Materials
Use of prohibited building materials or those established to pose unacceptable health risks is forbidden. Competent bodies shall regulate management of asbestos, lead and other contaminant-containing materials in existing buildings.
Article (103) — Water and Energy Efficiency
In coordination with competent ministries, the Council shall issue phased performance schedules for large and new building classes, considering cost and lifecycle and avoiding mandates for particular technologies.
Article (104) — Renewable Energy
If adopted, requirements for solar readiness, vehicle charging or storage shall be based on grid, safety, feasibility and building-type studies, rather than imposed indiscriminately on every structure.
Article (105) — Performance Information
Codes may require large public and commercial buildings to display basic energy-efficiency, safety or periodic-inspection information in technical records without revealing sensitive security or commercial information.
Chapter Nine — Existing Buildings, Alteration, Demolition and Unsafe Structures
Article (106) — Presumption for Existing Buildings
A building lawful when constructed does not become non-compliant merely because the code changes, unless a serious hazard is identified or a specific requirement is prospectively applied under a fair transition plan.
Article (107) — When Assessment Is Required
Existing buildings require assessment when dangerous cracking or deformation appears; after a significant fire, earthquake or flood; upon change of use or added loads or storeys; or under an approved inspection programme.
Article (108) — Hazard Notification
On receiving a credible unsafe-building report, the permitting authority shall conduct or commission preliminary inspection within a risk-appropriate period and may enter under the law after notifying the owner, except in emergencies.
Article (109) — Building Condition Classification
Inspection findings shall classify buildings as safe, safe subject to maintenance, restricted-use, requiring urgent strengthening, or dangerous and requiring evacuation, under published, reviewable criteria.
Article (110) — Remediation Order
A remediation order shall specify the hazard, required works, deadline and review rights. For imminent danger that cannot tolerate delay, the deadline may be shortened or immediate protection undertaken at the responsible party’s expense.
Article (111) — Strengthening
Strengthening shall be professionally designed and supervised, consider interaction between existing and new elements, and be recorded in the building file upon completion.
Article (112) — Demolition
Demolition requires a permit and plan addressing sequence, temporary stability, utilities, hazardous materials, dust, neighbouring-property protection, debris management and public safety.
Article (113) — Emergency Demolition
The competent authority may order urgent partial or total demolition where temporary strengthening is shown insufficient to avert imminent danger, documenting the condition and preserving owners’ rights under law.
Article (114) — Heritage Buildings
Archaeological and heritage buildings remain subject to their special legislation. Intervention shall balance heritage conservation with life safety, adopting appropriate performance solutions rather than unnecessary removal.
Article (115) — Unauthorised Works
Subsequent regularisation is not an automatic entitlement for unauthorised works. Safety and compliance with planning and public rights must be demonstrated. Regularisation is prohibited where defects cannot be remedied or pose unacceptable risk.
Article (116) — Changes to Façades and Systems
Alterations to heavy façades, cladding and external insulation systems, generators, tanks and systems affecting fire safety or stability require risk-proportionate approval.
Article (117) — Safety-system Maintenance
Owners or operators shall maintain alarm and suppression systems, lifts, emergency generators, fire doors and other safety systems and retain test records for categories specified by instructions.
Article (118) — Abandoned Buildings
Municipalities may require owners to close and secure abandoned buildings and prevent falling components or health or security hazards, without confiscating ownership rights or bypassing legal procedures.
Chapter Ten — Inspection and Occupancy Certification
Article (119) — Inspectors
Permitting authorities shall inspect through qualified technical personnel. Accredited inspection bodies may assist on projects permitted by regulations, while administrative decisions remain with the public authority.
Article (120) — Inspector Independence
Inspectors may not review projects in which they have a direct financial or professional interest. Conflict-of-interest disclosure rules shall apply.
Article (121) — Inspection Plan
Inspection plans shall identify mandatory visits by risk class. An inspector’s absence from a non-mandatory visit does not transfer compliance responsibility from contractor and supervisor to the state.
Article (122) — Inspection Powers
Inspectors may examine drawings, records and materials, inspect the site, request reasonable testing, and take photographs or samples connected to a violation, within legal limits and respecting home inviolability and privacy.
Article (123) — Final Inspection
Before occupancy, a final inspection shall verify essential matters including exits, fire safety, accessibility, services, visible elements and validity of documents and test certificates.
Article (124) — Occupancy Certificate
A new building or substantively altered part may not be occupied before certification. A temporary certificate may be issued for an independent, safe part where occupancy does not endanger remaining works.
Article (125) — Limits of Occupancy Certification
An occupancy certificate is not a state guarantee against latent defects and does not exempt designers, contractors or owners from civil, criminal or professional liability.
Article (126) — Suspension of Occupancy Certification
Occupancy may be wholly or partly suspended for a serious hazard, unauthorised change of use or substantive disabling of safety systems, after warning except in emergencies.
Chapter Eleven — Materials, Testing and Quality Assurance
Article (127) — Iraqi Standards
Adopted Iraqi standards shall be the primary reference for building-material and product properties where available, in coordination with the Central Organization for Standardization and Quality Control.
Article (128) — Demonstrating Conformity
Codes shall specify conformity methods, including certificates, testing, quality marks and technical reports, according to product risk.
Article (129) — Imported Materials
Foreign certification alone does not exempt imported products from conformity requirements. Results from trusted international bodies may be recognised under rules established by the competent body.
Article (130) — Innovative Products
An innovative product or building system outside Iraqi standards may be approved after documented assessment of structural, fire, health and durability performance, subject to specified use conditions.
Article (131) — Traceability
Critical materials shall carry code-required production-batch, origin or test information permitting traceability when a defect or failure emerges.
Article (132) — Public and Private Laboratories
Public and private laboratory results shall be judged by the same technical-competence standard for the relevant field. Unjustified monopoly over testing available from accredited laboratories is prohibited.
Article (133) — Falsified Certificates
Falsifying test results or material certificates, concealing a material test failure or deliberately substituting a sample is prohibited, subject to penalties under this Law and relevant criminal laws.
Article (134) — Retention of Samples and Records
Instructions shall set retention periods for test results and reference samples according to material and project type, rather than one period unrelated to risk.
Article (135) — Product Recall
Where a serious recurring building-product defect is established, the competent body, coordinating with the Council, shall issue warnings, suspensions or recalls within its statutory powers and notify permitting authorities of potentially affected projects.
Chapter Twelve — Violations, Sanctions and Review
Article (136) — Proportionality
Enforcement shall be graduated and proportionate to the violation’s danger, remediability and the offender’s conduct, prioritising hazard removal over fine collection.
Article (137) — Warning
Where no imminent danger exists, a warning may require remedy within a specified period, identifying the breached provision, required action and objection rights.
Article (138) — Administrative Fines
Administrative fines may be imposed within statutory or regulatory ranges according to violation type and doubled for repetition or continuation after warning. Payment does not remove the obligation to remedy the violation.
Article (139) — Construction Without a Permit
Anyone intentionally commencing work requiring a permit without one shall receive an administrative fine and stop-work order, with increased penalties for high-risk projects or continuation after the order.
Article (140) — Endangering Life
Anyone intentionally carrying out, approving or concealing a violation known to create a serious, direct threat to life shall be referred to competent investigative authorities where the act constitutes an offence under applicable laws.
Article (141) — Professional Liability
Administrative sanctions do not prevent referral of engineers, contractors or laboratories to competent professional bodies for serious professional breach, forgery or repeated safety violations.
Article (142) — Liability of Legal Persons
Measures and fines shall apply to legal persons as allowed by law, without exempting responsible natural persons where the elements of their liability are established.
Article (143) — Right to Administrative Review
Refusal, suspension, fine or unsafe-building classification decisions may be challenged before a technical-administrative committee independent of the decision-maker within periods specified by instructions. Review shall not suspend urgent safety action.
Article (144) — Judicial Appeal
Administrative review does not prejudice recourse to competent courts under applicable laws. All reasons and supporting technical documents shall be retained to enable judicial oversight.
Article (145) — Anti-corruption
Fees, deadlines, requirement lists and application outcomes shall be published electronically. Unprescribed approvals or documents may not be demanded. Manual changes to electronic records shall document the employee, reason and date.
Chapter Thirteen — Transitional and Final Provisions
Article (146) — Continuation of Existing Legislation
Roads and Buildings Regulation No. 44 of 1935 and existing permitting rules, instructions, codes and standards remain effective insofar as consistent with this Law until replaced or readopted.
Article (147) — Review of the Existing Framework
Within twelve months of commencement, the Iraqi Building Council shall prepare a unified legislative and technical register identifying every effective, repealed or conflicting regulation, rule, code and standard, with a plan to resolve overlaps.
Article (148) — Readoption of Existing Codes
Existing Iraqi building codes and specifications shall provide the transitional technical foundation. Within eighteen months, the Council shall determine which become mandatory codes, which require updating and which remain non-binding guidance.
Article (149) — Implementing Regulations
On the Ministry’s and Council’s proposal, the Council of Ministers shall issue implementing regulations, particularly on risk classification, permits, independent review, inspection, occupancy certification and unsafe buildings.
Article (150) — Technical Instructions
The competent Minister, in coordination with the Council and relevant bodies, may issue technical and administrative instructions and forms within this Law and its regulations.
Article (151) — Digital Transformation
Permitting authorities shall phase in electronic systems within no more than three years according to readiness, retaining paper or assisted-digital access during transition to avoid excluding citizens.
Article (152) — Capacity-building
The Ministry, Building Council, universities and professional associations shall prepare a national training programme for permitting staff, inspectors, engineers, contractors and laboratories before imposing substantive new requirements.
Article (153) — Financial Impact
Within one hundred and eighty days, implementing bodies shall prepare a financial estimate based on existing resources and actual gaps in personnel, laboratories, digitalisation and training. The Law creates no unsupported numerical estimate.
Article (154) — Phased Implementation
New requirements may be phased by building class and risk, without deferring imminent-danger or core safety measures. Transition dates shall be clearly published.
Article (155) — Repeal and Commencement
Conflicting provisions are repealed to the extent of conflict. This Law enters into force ninety days after publication in the Official Gazette, except articles with specific transitional periods.
Statement of Reasons
This Law is enacted to unify the legal framework for construction; connect permits to safety requirements and technical codes; ensure structures resist loads, earthquakes, fire and hazards; regulate designers’, contractors’, supervisors’ and permitting authorities’ responsibilities; provide accessibility for persons with disabilities; improve energy and water efficiency; establish clear rules for unsafe buildings, inspection and occupancy certification; and transform Iraqi building codes into a binding, updatable national system protecting life and property and improving the built environment.
General Explanatory Memorandum
Constitutional foundation
The proposal rests on rights to life, security, property, equality and a healthy environment, and shared powers over environmental, development and general-planning policy. Since the Constitution distributes powers among federation, regions and governorates, the scope directly regulates governorates not incorporated into a region and federal projects, preserving the Kurdistan Region’s constitutional remit and ability to adopt stronger requirements.
Why a framework law rather than one rigid code?
The Law determines who creates codes, how they become binding, who reviews and inspects, and how violations are sanctioned. Loads, protective thicknesses, ventilation rates and other technical values change with science, materials and risks and should remain in updatable codes under controlled statutory delegation.
Building on existing institutions
The proposal uses the existing Iraqi Building Council within the Ministry of Construction, Housing and Public Municipalities as the national coordination platform; the Central Organization for Standardization and Quality Control for standards and conformity; municipalities and the Baghdad Mayoralty for permits; and the Civil Defence Directorate for fire and emergencies.
Protection from bureaucracy
The single window exchanges approvals between bodies instead of sending citizens from one to another. The Law also requires written deficiencies and refusals, published requirements, fees and deadlines, and an electronic trail for every administrative change.
Professional responsibility
Municipal review does not make the municipality a substitute designer, nor occupancy certification a government warranty against latent defects. Designers remain responsible for design, contractors for execution, supervisors for oversight, and owners for permits, use and maintenance within each party’s remit.
Existing buildings
The proposal adopts technical non-retroactivity: a lawful building is not demolished merely because a newer code appears. Intervention becomes mandatory where real danger emerges, use changes, loads or storeys are added, or an inspection programme covers high-risk facilities.
Fire and civil defence
The Law coordinates with, rather than replaces, Civil Defence Law No. 44 of 2013. It integrates fire requirements into design, permits, execution and occupancy certification, while civil-defence operational and preventive functions remain under their special Law.
Accessibility
Accessibility becomes an inherent design requirement, consistent with disability-rights legislation and the Convention on the Rights of Persons with Disabilities, to which Iraq acceded, especially the duty to remove barriers and establish access standards for buildings and services open to the public.
Earthquakes and resilience
The proposal gives seismic-resistant building, loading and geotechnical codes an enforceable legal framework, with higher performance for hospitals, emergency and critical services and updated hazard maps as new scientific data become available.
Energy and water efficiency
Thermal insulation and efficient cooling, lighting and water use lower operating costs and network pressure. The proposal avoids mandating a particular technology, leaving codes to specify performance according to climate, building type and lifecycle value.
Phased implementation
Because implementation requires personnel, laboratories, digitalisation and training, the proposal provides phased transition, readoption of existing codes and financial estimates based on actual inventories, rather than assuming an entirely new system.
Alignment with Existing Legislation
| Legislation or system | Relationship | Proposed treatment |
|---|---|---|
| Roads and Buildings Regulation No. 44 of 1935 and local permit rules | Historical and regulatory basis for some construction procedures. | Continue transitionally, then review and repeal conflicting rules or integrate them into new regulations. |
| Municipal Administration Law, local legislation and Baghdad Mayoralty legislation | Local bodies issue permits and oversee construction. | Permitting remains local, with unified national minimum safety and core procedural requirements. |
| Civil Defence Law No. 44 of 2013 and its proposed amendment | Fire prevention, emergencies and preventive measures. | Not replaced; its requirements are integrated into design, permits and occupancy. |
| Central Organization for Standardization and Quality Control Law No. 54 of 1979, as amended | Standards, metrology, conformity and quality. | The Organization remains the reference for materials and conformity and works with the Building Council on codes. |
| Environmental Protection and Improvement Law No. 27 of 2009 | Environmental effects of activity, pollutants and oversight. | Environmental approvals and oversight continue where legally required and integrate into the single window. |
| Rights of Persons with Disabilities and Special Needs Law No. 38 of 2013, as amended | Rights to accessibility and inclusion. | The proposal translates them into inspectable construction requirements in covered buildings. |
| Engineering professions and contractor laws | Professional eligibility, registration and discipline. | Existing qualification systems are used; no parallel professional register is created. |
| Antiquities and heritage laws | Protection of heritage buildings and sites. | Proportionate safety solutions preserve heritage significance and prevent unnecessary demolition. |
Transition and Implementation Requirements
| Period from commencement | Requirement |
|---|---|
| 90 days | The Law takes effect and existing rules continue insofar as consistent. |
| 6 months | Issue initial project-risk classification and permit, inspection and grievance forms. |
| 12 months | Complete the unified legislative and technical register and inventory existing codes, standards and rules. |
| 18 months | Readopt core codes, identify mandatory editions and establish update plans. |
| 24 months | Activate independent review and periodic inspection for high-risk structures in ready governorates. |
| 36 months | Provide integrated electronic permitting, inspection and occupancy certification, with assisted alternatives during transition. |
Financial and Implementation Impact
The proposal offers no artificial national cost figure. Iraq already has permitting authorities, the Iraqi Building Council, codes and standards, a standardisation body, civil defence, public and private laboratories and engineering personnel. The actual cost is the gap between these assets and the required enforcement level.
| Item | Nature of cost | Control method |
|---|---|---|
| Code updates | Technical committees, reference translation, testing and consultation. | A multi-year, risk-based update programme rather than rewriting all codes simultaneously. |
| Digital permitting | Platform, connectivity, archiving, signatures and audit trails. | Reuse shared government infrastructure and standardise forms and interfaces. |
| Inspectors | Training, equipment, transport and measurement tools. | Focus on critical inspection points and risk classification. |
| Laboratories | Calibration, accreditation and capacity improvement for selected tests. | Use existing laboratory networks; avoid new public laboratories where accredited services exist. |
| Accessibility and strengthening | Costs for existing public buildings. | Phase by priority, risk and financial capacity, with alternative services where full modification is impossible. |
Useful International Standards
The United Nations Office for Disaster Risk Reduction defines a building code as rules and standards governing design, construction, materials, alteration and occupancy to ensure safety and wellbeing, stressing that enforcement is essential to effectiveness. The proposal therefore connects technical codes to permits, review, inspection and occupancy rather than merely requiring their existence.
The proposal draws on the World Bank and GFDRR structural-resilience approach, linking code updates to risk understanding, institutional capacity and actual implementation. It also incorporates Article (9) accessibility requirements of the Convention on the Rights of Persons with Disabilities, which Iraq joined in 2013, while allowing proportionate solutions for existing and heritage buildings.
The proposal does not import a foreign code verbatim. Iraq’s climate, local materials, seismic conditions, professional practices and administrative structure require national codes capable of referring to international standards where needed.
Sources and References
- Supreme Judicial Council — Constitution of the Republic of Iraq, 2005, particularly Articles 14, 15, 16, 23, 33, 114 and 115.
- Iraqi Building Council — About the Council and Its Mandate to Prepare a Unified Iraqi Building Law.
- Iraqi Building Council — First Meeting and Statement That Iraq Lacks a Unified Building Law.
- Iraqi Building Council — Internal Rules and Council of Ministers Decision No. 24450 of 2024.
- Ministry of Planning — Call for Compliance with Iraqi Building Codes and Specifications.
- Ministry of Planning — List of Completed and Printed Iraqi Building Codes and Specifications.
- Ministry of Planning — 2026 Circulars and Rules, Including Decennial Liability in Design and Construction Contracts.
- Baghdad Mayoralty — Building-permit and Zoning Rules.
- Ministry of Justice / State Consultative Council — Decision 121/2012 and Reference to Roads and Buildings Regulation No. 44 of 1935.
- Council of Representatives — Progress of the First Amendment to Civil Defence Law No. 44 of 2013.
- Council of Representatives — Security and Defence Committee Discusses Amendment of the Civil Defence Law, 9 August 2026.
- Central Organization for Standardization and Quality Control — Law No. 54 of 1979, as Amended, and Standards and Conformity Functions.
- Ministry of Justice — Rights of Persons with Disabilities and Special Needs Law No. 38 of 2013.
- Ministry of Justice — Law No. 11 of 2024, First Amendment to the Rights of Persons with Disabilities and Special Needs Law.
- Ministry of Justice / State Consultative Council — Environmental Protection and Improvement Law No. 27 of 2009 and Application of Its Oversight to Public Bodies.
- United Nations — Convention on the Rights of Persons with Disabilities, Article 9 on Accessibility of Buildings and Facilities.
- United Nations — Iraq’s Accession to the Convention on the Rights of Persons with Disabilities on 20 March 2013.
- UNDRR — Definition of Building Code and Need for a Supporting Enforcement System.
- World Bank / GFDRR — Building Code Checklist for Structural Resilience, 2024.
- Ministry of Planning — National Development Plan 2024–2028 and Poor Thermal-insulation Performance of Buildings.
Last verification of live sources: 7 October 2026. These references document the legal, institutional and technical context; the draft law’s articles are written as independent legislative text.