Judicial principles and studies
Planning Levies, Change of Land Use, and Burden of Proof
The official points indicate that change of land use alone does not justify special planning levies; legitimacy requires the committee to specify intended works and objectives, and the imposing authority bears the burden of proof.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The points address whether special planning levies can be imposed because of a change in land use, who bears the burden of proof, and how other statutory provisions relate to such levies.
Summary
- A change of land use is not among the cases that permit imposing special planning levies; such levies are limited exclusively to the situations listed in Article 52 of the Cities, Villages and Buildings Regulation Law No. 79/1966, so changing use alone lacks legal basis for a levy. - The planning committee must set out the works and objectives intended to be achieved by imposing the levies, and the authority that imposes the levies bears the burden of proving their legality. - Articles 46 and 47 concern compensation for refusal to grant a permit or for granting it with conditions and are not related to the levies provided for in Article 52. - Directing a decisive oath in cases of change of use does not render the imposition of levies lawful, whether the oath is directed at the owner's request or otherwise. Note: This is an educational summary only; it is not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.