The pricing of engineering services is the responsibility of the Central Council of the Engineering System Organization / The four-member commissions only have the authority to increase or decrease some tariffs for engineering services and do not have the authority to determine the fees of construction engineers / Increase or decrease the tariffs for engineering services only up to 25% in their authority According to the public relations report of the Court of Administrative Justice, the four-person commissions are following a collective complaint from individuals from the General Road and Urban Development Department of Qazvin Province, Qazvin Municipality and Qazvin Governorate and requesting the annulment of paragraph one and parts a, b and c of paragraph no. 2 Resolution of the 4-member Board of Qazvin Province dated 10/9/1400 regarding the rate of providing engineering services and the manner of providing them in projects with an increase in building size compared to the initial construction permit, the General Board of the Administrative Court of Justice after discussion and consideration and considering The fact that the enactment of the complaint regulations and the changes made in the mentioned regulations are beyond the authority of the authorizing authority of these regulations because they were more than allowed.
It is stated in the said opinion; firstly, based on article 1-4-1 and article 3-3-13 and 3-14 of article 3 of the second topic of Iran’s national construction regulations approved in 2004, the four-member commissions only have the authority to increase or decrease some tariffs for engineering services. and they do not have the authority to determine the fees of construction engineers, and considering that according to the above clauses of the second topic of the national construction regulations, the increase or decrease of engineering service tariffs up to 25% is only within the competence of the four-person boards, so both the regulations complained of and The changes that have been applied in the aforementioned regulations are beyond the authority of the authorizing authority of these regulations because they are more than the allowed amount. Secondly, according to Note 7, Article 100 of the Municipal Law, which stipulates: “Construction supervising engineers are obliged to continuously monitor the implementation of the building under their responsibility, in terms of the compliance of the building with the specifications contained in the permit and the technical calculations attached to it.” and at the end of the work, certify the compliance of the building with the permit, plan and technical calculations”, therefore, determining the fees for engineers in supervising the construction of a building that has an addition, leads to encouraging them not to declare violations and not to implement the note of Article 7 It will be legally mentioned. Based on the above, parts (a) and (b) of clause 2 of the resolution dated 9/10/1400 of the four-member board of the General Road and Urban Development Department of Qazvin Province are beyond the scope of authority and contrary to Note 7 of Article 100 of the Municipal Law and are documented in clause 1 Article 12 and Articles 13 and 88 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 1392 are revoked from the date of approval. Join us: @Madeh_33
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