Journal of Legal Research

Journal of Legal Research

A Reflection on the Criminalization of Building Violations

Document Type : Original Article

Authors
Alireza Ashaeshaar 1
Abbas Tadayyon 2
Mohsen Rahami 3
1 PhD Student in Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
10.48300/jlr.2024.414385.2431
Abstract
One of the fundamental issues in urban construction is the subject of building violations. Given the large volume of cases under review by the Article 100 Commission and the fact that the resulting rulings are generally unenforceable, it seems that a revision of existing laws and regulations could be instrumental. Accordingly, the Council of Ministers has passed a resolution that, by treating building violations as crimes, aims to implement new laws and regulations in the domain of urban development. Specifically, pursuant to Article 100 of the Municipal Law, owners of land and properties within city limits or their precincts are required to obtain a permit from the municipality before any development work and the commencement of construction. The officials of the relevant municipal units, known as building inspectors or building control officers, are obligated to prevent unauthorized construction in a timely manner. These officials are also tasked with exercising control and supervision during the construction process carried out by permit holders, to prevent any deviation from the permit's provisions. However, Article 100 of the Municipal Law has proven inadequate in meeting the requirements and needs of contemporary cities, especially a metropolis like Tehran, and in some cases, the stipulated penalties have themselves become a factor encouraging and perpetuating building violations. The consequence of this situation is the emergence and increasing spread of violations such as unauthorized construction, illegal floor area increases in residential and commercial zones, failure to provide parking, construction inconsistent with the approved land use, or structurally unsound buildings. Within the framework of situational crime prevention policies, adopting a decisive judicial approach towards violators could prevent the recurrence of incidents with consequences similar to the Metropol disaster in Abadan and the construction issues in areas such as Khalazir in Tehran.
Keywords
Criminalization of Building Violations
Construction
Article 100 of the Municipal Law
Building Violations
Municipality
 
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Journal of Legal Research
Volume 24, Issue 63
Autumn 2025
Pages 189-216