National Building Regulations
The National Building Code is a 22-volume set of technical, executive and legal criteria to be observed in the design, supervision and execution of construction operations, including demolition, renovation, building development, overhaul, change of use and operation of the building in order to provide Safety, proper use, comfort, health and economic efficiency of the individual and society are established.
Article 100 of Municipal Law
Article 100 of the Municipal Law is one of the most practical materials, which, of course, has not been studied as it should be. According to this law, the owners of lands and properties located within the city limits or its territory must obtain a permit from the municipality before any construction action or separation of lands and the start of construction.
Article 4 Municipalities Law
“Landlords in the service area must obtain building permits from municipalities before they can be built and the municipality is required to prevent unauthorized or unlicensed construction operations by their agents in enclosed or non-enclosed land.”
Unless otherwise provided in this Article, as referred to in Article 4, its agents shall be prevented and referred to the Article 100 Commission for consideration.
Commission Article 5 of Municipal Law
- Article 7 Municipal Commission It has a separate legal personality from the municipality.
- The commission is located in the municipality.
- Article 6 Municipal Commission is one of the specialized out-of-court authorities.
- Its constituent members: Representatives of the Ministry of Interior, Justice, Representative of the Islamic Council, Representative of the Municipality
- Among these members, the mayor has no right to vote and only attends meetings of the commission for comment.
Executive Procedure of Article 6 Municipal Commission
- Upon notification of cases of infringement and obtaining a defense lawyer’s case file to investigate Article 7 Municipal Commission It takes place without the presence of stakeholders.
- His presence is forbidden if the beneficiary needs clarification.
- The municipality and its owner or deputy may object within 7 days of the notification.
- The object of consideration of this objection will be the other Article 8 Commission, whose members are other than those who participated in the previous vote.
- The commission’s vote is final.
Types of building violations
- Demolition: The demolition order is issued if it is contrary to the principles of urban, technical, sanitary.
- Obtaining a fine: If the technical principles of sanitation and urban planning are respected, then the commission can issue a fine for each square meter of building without a license one tenth the transaction value of the building or one fifth the building goodwill if the building Worth a goodwill, whichever is more than the beneficiary, declares to the municipality that it is permitted to issue the finishing sheet.
In the case of both demolitions and the imposition of fines, it is not in vain to award demolitions or to award a monetary penalty in cases where the principles of technical and hygienic urban planning are respected.
- Excess congestion violation: The congestion overrun, which is the overcrowded area under the building permit by the owner, is another type of infringement within the jurisdiction of the Municipal M Commission. The Commission may issue two types of warrants for this type of infringement:
۱ – Destruction
A) if the commission fails to comply with the technical principles of urban planning and sanitation; b) if the commission decides to pay a fine and the beneficiary refuses to pay the fine upon requesting the municipality to collect the fine. In both cases, the commission is required to issue a demolition order.
۲ – Vote for a fine
The Commission may, if unnecessary discontinued, vote against the beneficiary. There are effective causes and factors that will be discussed briefly in the commission of a fine.
- A – Location type of property:
- Main Streets
- Side streets
- Bin Alley Open
- Dead end alley
- B – the type of use of the space created
- C – Type of building in terms of materials
- D – Type of land use
- Be residential
In that case, the Commission may, subject to the conditions mentioned, and the necessity of discontinuance, vote to impose a fine which shall not be less than one second and not more than three times the transaction value of the building per square meter of additional building.
- Be commercial, industrial and administrative
In such a case, the Commission may also consider taking into account the conditions and the necessity of a tin vote not to exceed a fine of at least twice as much as four times the transaction value of the building for each additional square meter.
- Violation due to lack of parking or inaccessible parking
This type of violation occurs when the construction of the parking lot is required according to the specification of the permit and the plans and regulations of the municipality, but the owner of the building refuses to build the parking lot and does not first construct the parking lot or the parking lot Where such an infringement can be corrected, the imposition shall be accompanied by a fine, and if not corrected, and the Commission may vote to obtain a fine that is at least one and a maximum of two, depending on the local situation and the type of parking space used. Equal to the transaction value of the building per square meter of lost parking space, so In the “area of the park, including the circulation of 25 square meters.”
We would like to remind you that if the violation of non-construction of parking is not complied with the principles of urban, technical or hygienic, it is mandatory to demolish it.
- Rape of city passages
Regarding rape, the rape of the city’s passageways means that the legislator meant the owner’s retreat and the term rape was tolerance. Because rape in the city streets is subject to criminal matters such as adultery. M. Be. The owners of the violations of the rape passages in the above mentioned city will be realized when the owner starts the construction of the new property during the renovation, unlawfully or without a license, and without respecting the corrections approved by the municipality and the relevant authorities. Or somehow infringe on their former and current municipal property.
In fact, a person to be known as a rape offender. It is originally owned by a resident and does not actually encroach on any other property and has in fact been an encroachment on its former property: but over time the property has been wholly or partially incorporated in the approved plans of the municipality and authorities or such plans. It is urgent that the government execute its plan by paying the property to the owner and demolishing it or that such a plan is not urgent, but it must be done now if the property owner intends to renovate or renovate it. Make the basis of such a plan and if it does not do so without knowing that the property in question is sometimes subject to infringement That in this case the municipality is obliged to prevent continued operation. And file a lawsuit with the Commission.
- Infringement of the building
Such infringement occurs when the owner complies with technical and architectural principles, etc. And the commission of demolition required by the Commission is mandatory in this case, as it is in my case..
- Violation of non-compliance with technical and sanitary principles of urban planning:
The technical principles include a number of well-known and scientific rules on construction which, in its absence, make it impossible for the building to be exploited optimally and the building’s non-resistance and survival in law.
Health principles relate to things that are necessary to maintain the physical and mental health of the users of the building, and violate them cause harm to human physical and mental health.
The principles of urban planning are the observance of the principles that are needed to maintain the texture of the city and its current and future development.
Violation of the above by the owner of the cause of dispute Article 7 Municipal Commission It is in this type of violation that the commission will vote to destroy it.
- Change User
Such infringement occurs when, contrary to the contents of a building permit, the place of business or business is established in a non-commercial area. The municipality shall refer the matter to the Commission upon notification of the violation and the Commission shall, within a reasonable time after the violation has been committed, not exceed two months. Decide whether to close a business or business or business within one month.
It is up to the municipality to enforce this decision. Anyone who habitually uses the site for business or business after the closure will be sentenced to a term of imprisonment of six months to two years and a fine of five thousand one rials to ten thousand rials, and the place of business again closed. Will be “Note to paragraph 2 of MH. Sh »
It should be noted that setting up a law office, office, marriage and divorce notary, newspaper, magazine and engineering office by the owner is a commercial use of this law.
Another point to note is the legislator’s unpredictability of changing commercial to non-commercial uses:
Does it mean that if someone converts their place of business or business that complies with the contents of a commercial building license to their place of residence or any other non-commercial use of it, is it subject to this provision? According to the existing law and procedure such change shall not be subject to the provisions of this article.