The criteria for calculating and determining fines for construction violations and unauthorized constructions is the date of handling the violation case, not the completion of construction.
Date of the document: 8/3/1401
Case number: 1322
File number: 0101221
Jurisdiction: The General Board of the Court of Administrative Justice
Workflow: Following the occurrence of construction violations and unauthorized constructions outside the approved boundaries of the cities, the Commission of Note 2, Clause 3, Article 99 of the Municipal Law in various cities has issued a fine equal to 50 to 70% of the daily price. After people objected to the aforementioned opinions, the branches of the Administrative Court of Justice have issued different opinions regarding the issue of determining the time criteria for calculating the fine mentioned in Note 2, Clause 3, Article 99 of the Municipal Law. With the explanation that the 43rd branch of the first instance, in relation to a complaint to protest the decision of the said commission, according to the document number 9609970904300125-1396/2/2, citing note 2, paragraph 3, article 99 of the municipal law, and with the argument that the meaning of the phrase “the price of the noble day” In the above note, it is the day when the building is completed and built and is ready for operation, and in cases of doubt, the minimum fine should be limited, therefore, to the filing of a complaint and violation of the decision of the Commission, Note 2, Clause 3, Article 99 of the Municipal Law and the announcement of the day’s price Completion of the building as a time criterion for determining the fine has issued a verdict.
On the other hand, in a case with a similar issue, the 8th Court of Administrative Justice appealed in line with the approval of the decree No. 140031390003054003-1400/11/19 issued by the 15th branch of the first instance, according to the decree No. 140131390000676191-1401/3/25 and with the argument that the legislator’s intent “Day” is the time of calculation, not the time of completion and construction of the property; The use of the word “day” in this note would be futile and pointless, which contradicts the dignity of legislation, and considering that if the legislator’s intention was to levy a fine based on the day of construction or the day of violation, he would have clearly stated that 50 to 70 percent of the value of construction time or The violation has not been done in this way, therefore, it has issued a decision to reject the complaint and approve the commission’s document in question and announce “the price on the day of calculating the fine” as the time criterion for determining the fine.
The General Board of the Administrative Court of Justice was formed on 3/8/1401 under the chairmanship of the Deputy Judicial Officer of the Administrative Court of Justice in the affairs of the General Board and with the presence of the deputies of the Administrative Court of Justice and the heads and advisors and judges of the Court’s branches, and after discussion and consideration with the majority of votes The following statement has been issued.
The vote of the general board
A- There is a conflict in opinions.
B- Firstly: Based on Note 2, Paragraph 3, Article 99 of the Municipal Law (added on 11/27/1345), the commission subject to this note is required to, regarding unauthorized constructions, “regarding the issuance of a building tin decision or a fine equivalent to 50% to 70% “The price of the day of completion” and the purpose of the above ruling is to calculate the fine of the completed day based on the price of the day of hearing. Secondly: Calculating and determining the fine based on the price on the day of completion of the construction, which may have been a long time ago, contradicts the philosophy of the said law and does not have the necessary deterrence. According to the above, the decision No. 140131390000676191-1401/3/25 issued by the Eighth Branch of Appeal of the Court of Administrative Justice, which included the confirmation of the decision of the Commission of Article 99 of the Municipal Law and based on which the date of the hearing was set as the criterion for calculating the fine, is correct and in accordance with the standards It is legal. This decision is mandatory for the branches of the Administrative Court of Justice and other administrative authorities in similar cases based on paragraph 2 of Article 12 and Article 89 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 2013.
The General Board of the Administrative Court of Justice.
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This post is written by rezapayam