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The Structure of Legal Enforcement Mechanisms in the Context of Building Violations: From an Analysis of the Commissions under Articles 99 and 100 of the Iranian Municipal Law to the Legal Frameworks in the UK Planning System
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Hadi Salehi *   , Ozra Bagheri , Seyedmohammadhamid HoseiniYazdi |
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Abstract: (38 Views) |
| In the Iranian legal system, although the commissions established under Articles 99 and 100 of the Municipalities Law are designated to address construction violations within and beyond urban boundaries, the effectiveness and deterrent value of the existing enforcement mechanisms exhibit significant shortcomings. The low basis for calculating fines—grounded in transactional value—together with the prioritization of financial penalties over corrective measures such as demolition, and the non-execution of a substantial portion of demolition orders, have collectively reduced construction violations to a cost–benefit calculation for offenders. Moreover, the recent unifying decision of the General Board of the Administrative Justice Court dated 18 August 2025, which requires that in cases of unlawful change of land use, any objection to the amount of the fine must result in annulment of the commission’s decision and referral for issuance of an order restoring the previous condition (demolition), despite its corrective intent, has in practice diminished incentives for objection and increased acceptance of heavy fines by violators, thereby reducing the actual enforcement of demolition. Against this backdrop, the present study seeks to evaluate the effectiveness of the enforcement mechanisms of the Article 99 and 100 commissions in achieving statutory objectives and controlling construction violations, and to assess their standing in comparison with the legal framework of England. Preliminary findings indicate that, despite the availability of tools such as demolition and monetary penalties, the current mechanisms lack sufficient effectiveness; conversely, the English model, with its more precise and staged enforcement structure, may provide a suitable basis for reforming and strengthening domestic mechanisms. In the English legal system, instruments such as enforcement notices, temporary stop notices, breach of condition notices, hidden development enforcement, and the possibility of confiscating financial gains derived from unlawful development enable proportionate and effective responses to violations. Post-facto permits are granted only when fully compliant with planning and environmental requirements, and violations can never acquire legitimacy. Accordingly, a comparative analysis of these approaches highlights the necessity of revisiting and reinforcing Iran’s internal framework to ensure more deterrent and effective enforcement mechanisms in urban management |
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| Keywords: Enforcement mechanisms, Articles 99 and 100 of the Municipalities Law, demolition, local councils, England |
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Type of Study: Research |
Subject:
Special
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