The Constitutional Court of Benin is set to examine a decree on building permits, issued on December 6, 2023. The decree, numbered 2023-617, outlines the conditions for granting urban planning authorizations. A challenge to the decree was introduced by Janvier Hessou in June 2024. The court's review will focus on the decree's conformity with the constitution. This case has been registered as requête n° 1142/200/REC-24.
The decree in question assigns the responsibility of issuing building permits to the executive secretary of each municipality. It categorizes projects into three risk levels, labeled A to C. The decree also establishes commissions at the communal, departmental, or national level to review project applications. These commissions will assess the nature of constructions and concerned local authorities. The decree's scope extends beyond new constructions to include modifications and renovations.
Certain individual housing projects categorized as A, with a surface area of less than 150 m², are exempt from requiring an architect. The decree introduces a regularization procedure for constructions completed without permits before its publication, allowing for a five-year period to rectify such cases. This decree replaces one issued on February 5, 2020. The new regulations have significant implications for local authorities, construction professionals, and property owners.
The decree establishes penalties for individuals undertaking construction work without the required permits. Those found in violation may face fines equivalent to ten times the study costs per square meter, multiplied by the affected surface area. Additionally, refusal to undergo inspections, failure to display permits, or continuing work despite suspension can result in sanctions.
The Constitutional Court's review of the decree was prompted by a challenge from Janvier Hessou, filed on June 4, 2024. The court's examination will assess whether the decree aligns with constitutional provisions. The Secretary General of the Government is also involved in this procedure. Further details on the contested regulations and the arguments presented by the challenger will be revealed during the court's proceedings.
The hearing, scheduled for November 19, 2026, at 10:00 AM, marks a crucial step in determining the fate of the decree. The court's decision will have significant implications for urban planning and construction in Benin. The decree's provisions have far-reaching consequences for various stakeholders, including local authorities, construction professionals, and property owners.
The Constitutional Court's review will provide clarity on the decree's constitutionality and its impact on Benin's urban planning regulations. The court's decision will either uphold or challenge the decree, influencing the country's construction and development landscape. The outcome will be closely watched by stakeholders and will shape the future of urban planning in Benin.
Key points
- The Constitutional Court of Benin will examine the decree on building permits to determine its conformity with the constitution.
