International Journal of Law in the Built EnvironmentTable of Contents for International Journal of Law in the Built Environment. List of articles from the current issue, including Just Accepted (EarlyCite)https://www.emerald.com/insight/publication/issn/1756-1450/vol/9/iss/3?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestInternational Journal of Law in the Built EnvironmentEmerald Publishing LimitedInternational Journal of Law in the Built EnvironmentInternational Journal of Law in the Built Environmenthttps://www.emerald.com/insight/proxy/containerImg?link=/resource/publication/journal/7c534eaf59f8b5bd015d10cdfd0270a6/UNKNOWNhttps://www.emerald.com/insight/publication/issn/1756-1450/vol/9/iss/3?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestLiability in negligence for building defects in Ireland, England and Australiahttps://www.emerald.com/insight/content/doi/10.1108/IJLBE-06-2017-0019/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestThe purpose of this paper is to consider decisions of the courts of three jurisdictions: Ireland; England and Wales; and Australia, in relation to recovery of economic loss in negligence for building defects and to identify the extent to which the legal environment of each jurisdiction has informed the approach of the courts to the issue. The approach taken for this purpose is to review the extent of legislative intervention in each jurisdiction to provide measures of protection for home buyers, and whether that intervention has limited the scope of what may be recovered in negligence for defects. The findings of the research indicate that the retreat from recovery for defects, led by the courts of England and Wales through a series of cases in the 1980s and 1990s, may be regarded in part as a product of their environment, and that legislative intervention in the area of remedies acted as a limitation on the scope of the duties that the courts were prepared to impose. Although the issue of recovery for building defects in negligence has been covered extensively in the literature and jurisprudence, the cross-referencing of the common law position with the legislative context in the jurisdictions considered provides insights into the approaches of courts and why the position of the courts of England and Wales may not transpose comfortably to other jurisdictions.Liability in negligence for building defects in Ireland, England and Australia
Deirdre Ní Fhloinn
International Journal of Law in the Built Environment, Vol. 9, No. 3, pp.178-192

The purpose of this paper is to consider decisions of the courts of three jurisdictions: Ireland; England and Wales; and Australia, in relation to recovery of economic loss in negligence for building defects and to identify the extent to which the legal environment of each jurisdiction has informed the approach of the courts to the issue.

The approach taken for this purpose is to review the extent of legislative intervention in each jurisdiction to provide measures of protection for home buyers, and whether that intervention has limited the scope of what may be recovered in negligence for defects.

The findings of the research indicate that the retreat from recovery for defects, led by the courts of England and Wales through a series of cases in the 1980s and 1990s, may be regarded in part as a product of their environment, and that legislative intervention in the area of remedies acted as a limitation on the scope of the duties that the courts were prepared to impose.

Although the issue of recovery for building defects in negligence has been covered extensively in the literature and jurisprudence, the cross-referencing of the common law position with the legislative context in the jurisdictions considered provides insights into the approaches of courts and why the position of the courts of England and Wales may not transpose comfortably to other jurisdictions.

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Liability in negligence for building defects in Ireland, England and Australia10.1108/IJLBE-06-2017-0019International Journal of Law in the Built Environment2017-10-09© 2017 Emerald Publishing LimitedDeirdre Ní FhloinnInternational Journal of Law in the Built Environment932017-10-0910.1108/IJLBE-06-2017-0019https://www.emerald.com/insight/content/doi/10.1108/IJLBE-06-2017-0019/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatest© 2017 Emerald Publishing Limited
Deregulating planning control over Britain’s housing stockhttps://www.emerald.com/insight/content/doi/10.1108/IJLBE-07-2017-0024/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestTo apply path dependence theory and analysis to the regulatory framework for private-rented housing in Britain, especially affecting houses in multiple occupation (HMOs) and addressing the increased involvement of the planning system through planning use classes, permitted development rights and Article 4 directions. This paper identifies critical junctures in primary and secondary legislation for housing and planning and analyses individual local authority responses in planning policy documents and tribunal decisions. The rise of the HMO reflects wider changes in society leading to new forms of household and inter-generational inequalities. Local authority discretion and locked-in responses have resulted in different regulatory regimes for housing and planning, recently favouring existing communities of owner-occupiers against HMO residents, seen as transient populations not committed to the neighbourhood. Potential for further research on demographics and household formation, and on reviewing planning and appeal decisions involving HMOs. The research is apparently the first specifically addressing planning regulation of the HMO from a path dependence perspective, in the context of planning protection of the single-family dwelling house and marginalization of other forms of housing.Deregulating planning control over Britain’s housing stock
Robert Home
International Journal of Law in the Built Environment, Vol. 9, No. 3, pp.193-206

To apply path dependence theory and analysis to the regulatory framework for private-rented housing in Britain, especially affecting houses in multiple occupation (HMOs) and addressing the increased involvement of the planning system through planning use classes, permitted development rights and Article 4 directions.

This paper identifies critical junctures in primary and secondary legislation for housing and planning and analyses individual local authority responses in planning policy documents and tribunal decisions.

The rise of the HMO reflects wider changes in society leading to new forms of household and inter-generational inequalities. Local authority discretion and locked-in responses have resulted in different regulatory regimes for housing and planning, recently favouring existing communities of owner-occupiers against HMO residents, seen as transient populations not committed to the neighbourhood.

Potential for further research on demographics and household formation, and on reviewing planning and appeal decisions involving HMOs.

The research is apparently the first specifically addressing planning regulation of the HMO from a path dependence perspective, in the context of planning protection of the single-family dwelling house and marginalization of other forms of housing.

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Deregulating planning control over Britain’s housing stock10.1108/IJLBE-07-2017-0024International Journal of Law in the Built Environment2017-10-09© 2017 Emerald Publishing LimitedRobert HomeInternational Journal of Law in the Built Environment932017-10-0910.1108/IJLBE-07-2017-0024https://www.emerald.com/insight/content/doi/10.1108/IJLBE-07-2017-0024/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatest© 2017 Emerald Publishing Limited
When enforcement failshttps://www.emerald.com/insight/content/doi/10.1108/IJLBE-06-2017-0021/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestThis paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon of “informal” construction in developing countries. However, advanced-economy countries also encounter illegal development, though at different scales and attributes. Because planning law is at the foundation of land-use and urban policies, it is time that the “orphan” issue of noncompliance be adopted by more researchers to enable cross-national learning. The two OECD countries selected for in-depth analysis – Portugal and Israel – probably fall mid-way in the extent of noncompliance compared with the range among advanced-economy countries. Like most OECD countries, the selected countries have generally viable planning-law systems. Their experiences can thus offer lessons for many more countries. Recognizing the limitations of enforcement mechanisms as prevention, the paper focuses on how each of these countries responds to illegal development. The method relies on two main sources: analysis of official documents – laws, policies and court decisions in both countries – and field interviews about practice. In both Portugal and Israel, the authors held face-to-face open interviews with lawyers and other professional staff at various government levels. The interviews focused on four issues: the effectiveness of the existing enforcement instruments, the urban consequences of illegal development, the law and policy regarding legalization and the existence of additional deterrent measures. In both countries, there is a significant phenomenon of illegal development though it is somewhat less in Israel than in Portugal. In both countries, efforts to reduce the phenomenon have been partially effective even though in both, extensive demolition is not exercised. Neither country has adopted a general amnesty policy for existing noncompliance, so both resort to reliance on ex-post revision of statutory plans of granting of variances as a way of legalization. The shared tension between local authorities and national bodies indicates that not enough thought has gone into designing the compliance and enforcement systems. In Israel, a recent legislative amendment enables planning authorities, for the first time, to set their own priorities for enforcement and to distinguish between minor and major infringements. This approach is preferable to the Portuguese law, where there is still no distinction between minor and major infringements. By contrast, Portuguese law and policy are more effective in adopting financial or real-estate based deterrence measures which restrict sale or mortgaging of illegal properties. There is very little research on noncompliance with planning controls in advanced-economy countries. There is even less research on the legal and institutional responses to this phenomenon. This paper pioneers in creating a framework for looking at alternative types of government responses to illegal construction. The paper is, to the authors’ best knowledge, the first to present a systematic cross-national comparative analysis and critique of such responses. The authors thus hope to expand the view of the possible legal and policy response strategies available to planning authorities in other advanced-economy countries. The comparative perspective will hopefully encourage, expansion of the research to more countries and contribute to the exchange of experiences between jurisdictions.When enforcement fails
Inês Calor, Rachelle Alterman
International Journal of Law in the Built Environment, Vol. 9, No. 3, pp.207-239

This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon of “informal” construction in developing countries. However, advanced-economy countries also encounter illegal development, though at different scales and attributes. Because planning law is at the foundation of land-use and urban policies, it is time that the “orphan” issue of noncompliance be adopted by more researchers to enable cross-national learning. The two OECD countries selected for in-depth analysis – Portugal and Israel – probably fall mid-way in the extent of noncompliance compared with the range among advanced-economy countries. Like most OECD countries, the selected countries have generally viable planning-law systems. Their experiences can thus offer lessons for many more countries. Recognizing the limitations of enforcement mechanisms as prevention, the paper focuses on how each of these countries responds to illegal development.

The method relies on two main sources: analysis of official documents – laws, policies and court decisions in both countries – and field interviews about practice. In both Portugal and Israel, the authors held face-to-face open interviews with lawyers and other professional staff at various government levels. The interviews focused on four issues: the effectiveness of the existing enforcement instruments, the urban consequences of illegal development, the law and policy regarding legalization and the existence of additional deterrent measures.

In both countries, there is a significant phenomenon of illegal development though it is somewhat less in Israel than in Portugal. In both countries, efforts to reduce the phenomenon have been partially effective even though in both, extensive demolition is not exercised. Neither country has adopted a general amnesty policy for existing noncompliance, so both resort to reliance on ex-post revision of statutory plans of granting of variances as a way of legalization. The shared tension between local authorities and national bodies indicates that not enough thought has gone into designing the compliance and enforcement systems. In Israel, a recent legislative amendment enables planning authorities, for the first time, to set their own priorities for enforcement and to distinguish between minor and major infringements. This approach is preferable to the Portuguese law, where there is still no distinction between minor and major infringements. By contrast, Portuguese law and policy are more effective in adopting financial or real-estate based deterrence measures which restrict sale or mortgaging of illegal properties.

There is very little research on noncompliance with planning controls in advanced-economy countries. There is even less research on the legal and institutional responses to this phenomenon. This paper pioneers in creating a framework for looking at alternative types of government responses to illegal construction. The paper is, to the authors’ best knowledge, the first to present a systematic cross-national comparative analysis and critique of such responses. The authors thus hope to expand the view of the possible legal and policy response strategies available to planning authorities in other advanced-economy countries. The comparative perspective will hopefully encourage, expansion of the research to more countries and contribute to the exchange of experiences between jurisdictions.

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When enforcement fails10.1108/IJLBE-06-2017-0021International Journal of Law in the Built Environment2017-10-09© 2017 Emerald Publishing LimitedInês CalorRachelle AltermanInternational Journal of Law in the Built Environment932017-10-0910.1108/IJLBE-06-2017-0021https://www.emerald.com/insight/content/doi/10.1108/IJLBE-06-2017-0021/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatest© 2017 Emerald Publishing Limited
Factors influencing land title registration practice in Osun State, Nigeriahttps://www.emerald.com/insight/content/doi/10.1108/IJLBE-04-2017-0014/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestThe registration of land titles is an important component of title documentation and certification process that is influenced by a variety of factors. The purpose of this paper is, therefore, to examine factors influencing land title registration practice in Osun State, Nigeria. Data used for this paper were collected from 520 land title registration applicants, representing 48.10 per cent of the total number of applicants for land title/property rights registration in Osun State, Southwestern Nigeria, using systematic random sampling technique, with sampling interval k = 5. Data collected were analyzed using descriptive and inferential statistical techniques, such as frequency distribution and percentages, relative importance index (RII) and factor analysis. The findings revealed that factors such as high cost of title documentation and corrupt practices of land registry staff had significant influence on land title/property rights registration process, while factors such as suitability of organizational structure and personnel competence/low morale had less influence on land title registration in the study area. The findings of this paper suggest the inadequacies inherent in the land title registration process in the study area which has significant implications for land titling registration process in Osun State, the entire Nigerian state and other emerging African economies. The paper is one of the few papers that analyzed the factors influencing land title registration from the perspective of end-users in an emerging African economy like Nigeria.Factors influencing land title registration practice in Osun State, Nigeria
Benjamin Gbolahan Ekemode, Oluseyi Joshua Adegoke, Adetunji Aderibigbe
International Journal of Law in the Built Environment, Vol. 9, No. 3, pp.240-255

The registration of land titles is an important component of title documentation and certification process that is influenced by a variety of factors. The purpose of this paper is, therefore, to examine factors influencing land title registration practice in Osun State, Nigeria.

Data used for this paper were collected from 520 land title registration applicants, representing 48.10 per cent of the total number of applicants for land title/property rights registration in Osun State, Southwestern Nigeria, using systematic random sampling technique, with sampling interval k = 5. Data collected were analyzed using descriptive and inferential statistical techniques, such as frequency distribution and percentages, relative importance index (RII) and factor analysis.

The findings revealed that factors such as high cost of title documentation and corrupt practices of land registry staff had significant influence on land title/property rights registration process, while factors such as suitability of organizational structure and personnel competence/low morale had less influence on land title registration in the study area.

The findings of this paper suggest the inadequacies inherent in the land title registration process in the study area which has significant implications for land titling registration process in Osun State, the entire Nigerian state and other emerging African economies.

The paper is one of the few papers that analyzed the factors influencing land title registration from the perspective of end-users in an emerging African economy like Nigeria.

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Factors influencing land title registration practice in Osun State, Nigeria10.1108/IJLBE-04-2017-0014International Journal of Law in the Built Environment2017-10-09© 2017 Emerald Publishing LimitedBenjamin Gbolahan EkemodeOluseyi Joshua AdegokeAdetunji AderibigbeInternational Journal of Law in the Built Environment932017-10-0910.1108/IJLBE-04-2017-0014https://www.emerald.com/insight/content/doi/10.1108/IJLBE-04-2017-0014/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatest© 2017 Emerald Publishing Limited
Measures in curbing poor compliance to building control regulation among renovated terrace houseshttps://www.emerald.com/insight/content/doi/10.1108/IJLBE-06-2017-0018/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatestThe purpose of this study is to explore measures taken by local authorities in curbing poor compliance among renovated terrace houses in the state of Selangor, Malaysia. A qualitative methodology was selected in the data collection and analysis of the study. Seven local authority officers from seven selected local authorities were invited to participate in a face-to-face interview session to share their experience. A focus group was conducted for the purpose of confirming the validity of the data collected during the interview session. The focus group consisted of 32 officers in charge of building control enforcement invited from 11 local authorities within Selangor State. The results show that collecting revenue rather than ensuring compliance is the main objective among the authorities responsible for enforcing the regulations. There are four common tools adopted to penalize the offenders, which are compounds, demolition, prosecution and court orders, with a mix of opinions on their objective achievement. Major obstacles identified in the implementation of the enforcement task are low staffing capacity in monitoring and inspection, difficulties in preparing investigation paper and problems carrying out the demolition of illegal extensions. The study uncovers obstacles to enforcing regulations on home renovations. The findings contribute toward improving the enforcement practices of local building control authorities.Measures in curbing poor compliance to building control regulation among renovated terrace houses
Bibi Khairani Mohamed Sabri, Norsidah Ujang, Afida Mastura Muhammad Arif, Srazali Aripin
International Journal of Law in the Built Environment, Vol. 9, No. 3, pp.256-271

The purpose of this study is to explore measures taken by local authorities in curbing poor compliance among renovated terrace houses in the state of Selangor, Malaysia.

A qualitative methodology was selected in the data collection and analysis of the study. Seven local authority officers from seven selected local authorities were invited to participate in a face-to-face interview session to share their experience. A focus group was conducted for the purpose of confirming the validity of the data collected during the interview session. The focus group consisted of 32 officers in charge of building control enforcement invited from 11 local authorities within Selangor State.

The results show that collecting revenue rather than ensuring compliance is the main objective among the authorities responsible for enforcing the regulations. There are four common tools adopted to penalize the offenders, which are compounds, demolition, prosecution and court orders, with a mix of opinions on their objective achievement. Major obstacles identified in the implementation of the enforcement task are low staffing capacity in monitoring and inspection, difficulties in preparing investigation paper and problems carrying out the demolition of illegal extensions.

The study uncovers obstacles to enforcing regulations on home renovations. The findings contribute toward improving the enforcement practices of local building control authorities.

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Measures in curbing poor compliance to building control regulation among renovated terrace houses10.1108/IJLBE-06-2017-0018International Journal of Law in the Built Environment2017-10-09© 2017 Emerald Publishing LimitedBibi Khairani Mohamed SabriNorsidah UjangAfida Mastura Muhammad ArifSrazali AripinInternational Journal of Law in the Built Environment932017-10-0910.1108/IJLBE-06-2017-0018https://www.emerald.com/insight/content/doi/10.1108/IJLBE-06-2017-0018/full/html?utm_source=rss&utm_medium=feed&utm_campaign=rss_journalLatest© 2017 Emerald Publishing Limited