Journal of University of Babylon,
Volume 26, Issue 4, Pages 40-53
AbstractQualified agents are specialized in civil engineering and land survey. They are appointed by an administrative decision issued by the territorially competent Governor, after consultation with the Director of Reconstruction and Building or the Head of Municipal People’s Assembly, knowing that their opinion do not bind the Governor.
Qualified agents job is to observe, search and detect constructional infractions by inspecting constructed buildings or under construction. They act under a professional delegation granted to them by the Governor or the Minister in charge of urbanism.
Qualified agents power stands at the limit of detecting violations; they can’t impose sanctions on violators of urbanism law, which is the responsibility of urbanism administrative control authorities. Thus, qualified agents power is limited and restricted in preparing minutes for the inspected violations in a preformatted exemplar specified by the Algerian legislator, as well as writing reports about the nature of committed breaches and the data relating to the offender.
Based on the inspection records and reports prepared by the qualified agents, public prosecution shall be moved; where the procurator summon the offenders directly before ‘delicts’ Court, as these cases do not require judicial investigation; because the breaches are physically inspected and proofed by minutes which are legally defined, and presumed correct until proven otherwise. The action may take the civil procedure way, where each person affected by the infringements has the right to file a claim for compensation. Also, the societies mentioned in special texts have the right to claim for compensation as civil parties.
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