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Article
Publication date: 1 September 2019

Haitao Sun

To solve the problem of illegal buildings, laws were used to control illegal buildings from the perspective of urban planning. Illegal buildings were legalized by reissuing…

Abstract

To solve the problem of illegal buildings, laws were used to control illegal buildings from the perspective of urban planning. Illegal buildings were legalized by reissuing relevant procedures. Illegal buildings were confiscated and auctioned. Illegal buildings that endanger public safety were completely removed. Illegal buildings that meet the safety standards were transformed into citizens' affordable housing and other disposal modes. The results showed that China's current laws on the lack of identification of illegal buildings, legal lag, legislative dispersion and many of the problems involved in illegal construction were cross-types. There were both frontier subject issues and ubiquitous issues. Regardless of the extent of the aspects involved, the legal issues of studying illegal building governance have always been the main line and the main tone of social development. Therefore, by perfecting laws and regulations on illegal building management, the administrative enforcement mechanism for illegal buildings is improved and publicity efforts are strengthened. The legal consciousness of the people is enhanced.

Details

Open House International, vol. 44 no. 3
Type: Research Article
ISSN: 0168-2601

Keywords

Article
Publication date: 9 October 2017

Inês Calor and Rachelle Alterman

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

International Journal of Law in the Built Environment, vol. 9 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 13 January 2023

Yongliang Deng, Zedong Liu, Liangliang Song, Guodong Ni and Na Xu

The purpose of this study is to identify the causative factors of metro construction safety accidents, analyze the correlation between accidents and causative factors and assist…

Abstract

Purpose

The purpose of this study is to identify the causative factors of metro construction safety accidents, analyze the correlation between accidents and causative factors and assist in developing safety management strategies for improving safety performance in the context of the Chinese construction industry.

Design/methodology/approach

To achieve these objectives, 13 types and 48 causations were determined based on 274 construction safety accidents in China. Then, 204 cause-and-effect relationships among accidents and causations were identified based on data mining. Next, network theory was employed to develop and analyze the metro construction accident causation network (MCACN).

Findings

The topological characteristics of MCACN were obtained, it is both a small-world network and a scale-free network. Controlling critical causative factors can effectively control the occurrence of metro construction accidents. Degree centrality strategy is better than closeness centrality strategy and betweenness centrality strategy.

Research limitations/implications

In practice, it is very difficult to quantitatively identify and determine the importance of different accidents and causative factors. The weights of nodes and edges are failed to be assigned when constructing MCACN.

Practical implications

This study provides a theoretical basis and feasible management reference for construction enterprises in China to control construction risks and reduce safety accidents. More safety resources should be allocated to control critical risks. It is recommended that safety managers implement degree centrality strategy when making safety-related decisions.

Originality/value

This paper establishes the MCACN model based on data mining and network theory, identifies the properties and clarifies the mechanism of metro construction accidents and causations.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 9 August 2023

Rabi Narayan Mohanty and Ashaprava Mohanta

The infill design approach for heritage settings is a challenging task, and it draws the attention of design professionals and residents. The extant literature has advocated for a…

Abstract

Purpose

The infill design approach for heritage settings is a challenging task, and it draws the attention of design professionals and residents. The extant literature has advocated for a contextual design approach for new buildings in heritage sites. However, the degree of contextualism for a new building in heritage sites is subjective, and it varies between exact replication and contrast scales. This study aims to evaluate an appropriate design approach for historic precincts of Odisha, an eastern state of India.

Design/methodology/approach

Two prime eastern heritage sites (Puri and Ekamra Kshetra) are selected as cases in this study. This research methodology involves identifying key architectural elements from both sites and a questionnaire (prepared by design experts) based on interviewing 400 residents and 36 design professionals on their aesthetic preferences for the different architectural styles and elements. The questionnaire was prepared by the design experts based on the identified architectural styles and elements of both sites. Descriptive statistics and correlation analysis are used to measure the significance of design approaches and elements.

Findings

This study's outcome confirms that most of the respondents (design professionals and residents) prefer the replication design approach with traditional architectural elements of Odisha. Also, documentation of the chronological development of architectural styles and elements of heritage sites of Odisha is done in this research.

Research limitations/implications

This study has a few limitations: first, the land use characters (mixed, residential, commercial, etc.) of buildings in the heritage precinct are not considered in this research; second, this research has not included the financial aspect of infill design and last, the impact of respondents' socioeconomic factors on their aesthetic perceptions is not considered in this research.

Practical implications

The development authorities can use the outcomes of this research to implement a design strategy for infill buildings in the historical sites of Odisha.

Social implications

This research article has documented traditional architectural elements of two prime heritage sites of India.

Originality/value

To date, no quantitative research has been done on infill design approaches in any Indian heritage precincts. This is the first quantitative research on the perception of stakeholders and users on the infill design in historical settings of Eastern India. This research has identified key architectural styles, elements and materials of the heritage sites.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2044-1266

Keywords

Book part
Publication date: 28 September 2023

Bedri Bahtiri, Gani Asllani and Simon Grima

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made…

Abstract

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made to present a short historical overview of property forms in Kosovo, especially its transformation from one kind to another in the past as a part of former Yugoslavia, during the period of the 90s and for the period of UNMIK Administration, as well as an objective reflection of the current state of the legislation of the Republic of Kosovo with concern to public property.

The authors carried out a desk review of academic literature, national and international regulation, reports provided by international institutions and other available important resources. Besides the theoretical review of international and local literature, legislation in Kosovo and other relevant documents, the chapter focusses on practical research by analysing the relevant legal property acts in Kosovo and the current situation in ownership and property rights, nidificate legal vacuum and existing weaknesses.

The legal acts in Kosovo have not sufficiently regulated state property’s status, so the question of which level of power is competent to manage state property has become an object of various interpretations.

The authors herein propose a few measures to regulate real property right with special attention to one public property.

The authors define the need to regulate property forms in Kosovo and their harmonisation, such as undertaking the proper coordinated steps to have an adequate property rights regime.

Details

Digital Transformation, Strategic Resilience, Cyber Security and Risk Management
Type: Book
ISBN: 978-1-83797-009-4

Keywords

Article
Publication date: 21 September 2020

Ran Wang, Chia-Jung Lee, Shu-Chien Hsu and Jieh-Haur Chen

Corporate illegal activities may result in fatal injuries and economic losses and have been widely reported in the construction industry. This study is to investigate the…

Abstract

Purpose

Corporate illegal activities may result in fatal injuries and economic losses and have been widely reported in the construction industry. This study is to investigate the relationship between top management team (TMT) compensation and corporate illegal activities with the moderating effects of aspiration–performance discrepancies.

Design/methodology/approach

Using a multi-year sample of Chinese construction firms from 2011 to 2017, this paper employed a hierarchical logit regression model with fixed effects.

Findings

This study indicates that TMT compensation is positively related to the likelihood of corporate illegal activities. It also finds performance higher than aspirations would lower the probability of illegal activities while performance lower than aspirations also decreases the occurrence of illegal behaviors. Finally, the positive relationship between TMT compensation and illegal activities is strengthened by aspiration–performance discrepancies.

Practical implications

It recommended the design of executive compensation may need to be reconsidered. Next, companies need to carefully monitor top management team, especially when performance is lower than the desired level. Finally, debt-to-equity ratio deserves more attention for Chinese construction firms in suppressing illegal activities.

Originality/value

Given the mixed effects of TMT compensation, this study confirms its positive impact on corporate illegal behaviors. Consistent with the behavioral theory of the firm, it unveils the direct and moderating effects of aspiration-performance discrepancies. The findings are beneficial for evaluating firms' performance and considering the prevention of corporate fraudulent activities.

Details

Engineering, Construction and Architectural Management, vol. 28 no. 6
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 23 February 2010

Hoang Vinh Hung, Rajib Shaw and Masami Kobayashi

The purpose of this paper is to investigate the reasons for an unusual over‐development of flood‐prone areas outside the river dyke in Hanoi, while analysing the urban development…

2188

Abstract

Purpose

The purpose of this paper is to investigate the reasons for an unusual over‐development of flood‐prone areas outside the river dyke in Hanoi, while analysing the urban development and disaster management policies, and to suggest policy measures for regulating the rapid urbanization incorporating catastrophic flood risk planning.

Design/methodology/approach

Urban development and disaster management policies were analyzed and key stakeholders were interviewed to discover the effectiveness of the policies and governance tasks.

Findings

A discrepancy was identified between the goals of urban development and disaster management. The negative side of this discrepancy has been amplified by ineffective Construction Regulations and a lack of specificity with regard to Ordinances on Dyke. These factors, combined with poor coordination and lack of motivation within the city authorities in managing the Riverside Urban Areas (RUA), have contributed to the over‐development, which consists primarily of squatting and illegal construction.

Research limitations/implications

Along with a consideration of community perception of catastrophic flood risk in the RUA, which has been examined, the paper further analyses the effectiveness of related policies for catastrophic risk reduction in the RUA.

Practical implications

The paper identifies the following effective measures: build and share a knowledge base concerning catastrophic flood risk and sustainable ways of coping with the flood; be responsible and develop a commitment to manage flood‐prone areas; and develop better coordination between urban development and flood management.

Originality/value

The paper suggests new policy standards for managing the RUA development and reducing flood risks.

Details

Disaster Prevention and Management: An International Journal, vol. 19 no. 1
Type: Research Article
ISSN: 0965-3562

Keywords

Book part
Publication date: 18 December 2009

Hoang Hung, Masami Kobayashi and Rajib Shaw

Located at the center of the Red River Delta, Hanoi is the consequence of the unstable balance between soil and water and has witnessed the amicable and adverse relationship…

Abstract

Located at the center of the Red River Delta, Hanoi is the consequence of the unstable balance between soil and water and has witnessed the amicable and adverse relationship between the two elements over a long history. Established as a small town in A.D. 210, Hanoi grew from a harbor on the bank of the Red River to a thriving city and was chosen to be the capital of Vietnam in 1010 as the site had advantageous physical, landscape, and geomancy characteristics. However, the capital had also been confronted with difficulties due to the alluvial process, which raises the level of the watercourse above its normal elevation forcing the inhabitants to take measures such as building a dyke to prevent floods. This chapter analyzes the natural and social conditions as well as several problems that have been affecting urban flood risk management in Hanoi. The chapter ends with practical options and policy measures to address the problems.

Details

Urban Risk Reduction: An Asian Perspective
Type: Book
ISBN: 978-1-84855-907-3

Article
Publication date: 6 September 2022

Zul-Atfi Bin Ismail

The improper evaluation and information management of circular economy (CE) (i.e. design, planning, supply chain, waste pile and material hazard) is critical for public health and…

Abstract

Purpose

The improper evaluation and information management of circular economy (CE) (i.e. design, planning, supply chain, waste pile and material hazard) is critical for public health and is a major problem in the waste management of precast concrete (PC) building manufacture and construction and demolition wastes industry. The CE model is particularly problematic for PC building construction projects where the standard practices for the total number of waste building materials are not appropriate and do not match the safe disposal design specification, such as the recent number increase in the Malaysian illegal construction waste pile during the Movement Control Order (11 March 2021, about 5 out of 29 landfills related to states enforcing Act 672). The study aims to develop a framework application (i.e. Building Information Modelling [BIM]) that supports intelligent waste recycling management and sophisticated CE model system solutions.

Design/methodology/approach

Thus, the development of a new BIM-based programming algorithm approach is proposed for optimising CE in accordance with the needs of the current PC building construction schemes. As a precursor to this study, the concepts of CE practices are reviewed and the main features of BIM tools and techniques currently being employed on such projects are presented.

Findings

Sophisticated CE system solutions are described as an essential component of this optimisation to reduce the amount of waste generated at the end of the life cycle of PC building construction projects and to better manage the resources used throughout it.

Originality/value

Finally, the potential for a research framework for developing such a system in the future is presented.

Details

Engineering, Construction and Architectural Management, vol. 30 no. 8
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 25 October 2011

Natalia Vershinina and Yulia Rodionova

The purpose of this paper is to discuss the issues in studying hidden populations, with particular focus on methodology used to investigate ethnic minority entrepreneurs who…

1495

Abstract

Purpose

The purpose of this paper is to discuss the issues in studying hidden populations, with particular focus on methodology used to investigate ethnic minority entrepreneurs who illegally run their businesses in the UK. In this paper, on reflection, the authors look at what issues should be considered before engaging with such communities, as we identify current approaches and evaluate their merits.

Design/methodology/approach

Certain methodological problems are faced by researchers working with hidden populations, and this paper explores these using a sample of Ukrainian illegal self‐employed construction workers operating in London. Semi‐structured interviews with 20 Ukrainians showcase the issues raised and help illustrate the limited applicability of some commonly used research methods to ethnic minority entrepreneurship studies. The authors used an intermediary to help gain access to these illegal migrants in order to satisfy the sensitive issues of this vulnerable group of respondents.

Findings

The authors analyse the ethical considerations, problems and issues with access to such data, discuss early and more recent sampling methodologies and the ways to estimate the size of hidden population. This paper, hence, establishes the state‐of‐the‐art approaches in this field and proposes potential improvements in achieving representativeness of the data. Using the Ukrainian illegal self‐employed construction workers as an example, this paper evaluates the choices made by the researchers.

Originality/value

The main contribution of this paper is to showcase the methodological issues emerging when studying hard‐to‐reach groups and to emphasise the limited applicability of some methods to research on hidden populations.

Details

International Journal of Sociology and Social Policy, vol. 31 no. 11/12
Type: Research Article
ISSN: 0144-333X

Keywords

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