Between Informal and Illegal in the Global North: Planning Law, Enforcement, and Justifiable Noncompliance

Chapter 8 pp.150-185 in Udo Grashoff (Ed.) Comparative Approaches to Informal Housing.around the Globe. University College London (UCL) Press, 2020

42 Pages Posted: 10 Jun 2020

See all articles by Rachelle Alterman

Rachelle Alterman

Technion - Israel Institute of Technology

Ines Calor

Universidade do Porto - Faculdade de Letras

Date Written: March 12, 2020

Abstract

Much research has focused on the widespread phenomenon of “informal” construction in developing countries, where planning laws are dysfunctional. However, in recent years scholars have used this term with reference to Global North countries as well, where planning laws generally do function reasonably well. In this chapter, we take on a difficult task: to try and distinguish contexts or situations where indeed, planning law fails to the extent that noncompliance should be regarded as justifiable. To do so, we first demonstrate the difficulties and elusiveness of making a judgment of when noncompliance merits the term “informal”, thus calling for conceptual criteria. Once the challenges and dilemmas are exposed, the paper proposes six situations – or criteria– when noncompliance may be justifiable. Each is accompanied with real-life examples. The chapter concludes by pointing out the deep shortcomings in the interrelationships between regulatory planning on the one hand, and the grossly under-researched enforcement functions.

Suggested Citation

Alterman, Rachelle and Calor, Ines, Between Informal and Illegal in the Global North: Planning Law, Enforcement, and Justifiable Noncompliance (March 12, 2020). Chapter 8 pp.150-185 in Udo Grashoff (Ed.) Comparative Approaches to Informal Housing.around the Globe. University College London (UCL) Press, 2020, Available at SSRN: https://ssrn.com/abstract=3599538

Rachelle Alterman (Contact Author)

Technion - Israel Institute of Technology ( email )

Faculty of Architecture and Town Planning
Technion City
Haifa, 32000
Israel

Ines Calor

Universidade do Porto - Faculdade de Letras ( email )

Praça de Gomes Teixeira
Oporto, 4099
Portugal

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