Who is responsible for issuing the thesis?
supervising engineer or municipality,
The wrong procedure of some municipalities is that they say that the report of the completion of construction operations under any conditions means: (confirmation of the correctness of executive operations) while there is no such thing.
According to Article 11 of the Executive Regulations of Article 33 and also paragraph 2-4-3 of the second topic:
The building manager is responsible for the correctness of all building operations.
Unfortunately, many dear friends and colleagues submit to this misplaced, wrong and illegal interpretation of the licensing authority.
If the process of issuing the thesis is clear and is one of the duties and tasks of the municipalities.
But what does the law say and who is responsible for issuing the graduate certificate:
According to Clause 24 of Article 55 of the Law of Municipalities: Issuing a building permit is one of the duties and powers of the building permit issuing authority.
Article 35 of the Executive Regulations of Article 33 of the Engineering and Building Control System Law:
Article 35 – Municipalities and other building permit issuing authorities are required to request the technical and real estate certificate of the building from the applicant and the certificate of completion based on it, at the time of the completion of the work and the request for the completion of the work. to issue
Also, paragraph A of Article 60 of the Law on the Sixth Five-Year Development Plan states:
A- Municipalities are obliged to include the requirement to comply with national building regulations in building permits.
Issuance of thesis for units built on the basis of these permits is subject to full compliance with these regulations.
According to the mentioned cases, it is clear that the issuance of building permit and finishing work is one of the duties and responsibilities of the building permit issuing authority.
In the following
In Article 28 of the Regulations, Article 33 of the Engineering and Building Control System Law, as well as Paragraph 2-6-3 of the second topic, it is clear that:
Municipalities and other authorities will not issue building permits for buildings that, according to the supervisors’ diagnosis and the approval of the Provincial Construction Engineering System Organization, do not comply with the national building regulations until the defects are resolved.
It should be noted: If the respected inspector certifies the non-compliance of the executive operation with the approved plan in the completion report, according to the law, the municipality does not have the right to issue a final report until the defect is rectified.
That is, the supervising engineer announces the report of completion of construction operations to the licensing authority. Even if the building has flaws and problems (of course, the respected inspector reported the violations to the licensing authority on time, but until the end of the executive operation, no action was taken to eliminate the defects by the owner, the licensing authority also took action to oblige the owner to correct and Correcting the violations has not been done)
Now, according to the reports submitted by the supervising engineer and the violations committed by the owner according to the law, the municipality does not have the right to issue a final report until the defects are fixed.
In order to receive a certificate from the municipality, the respected owner is obliged to completely solve the existing problems and defects of the property.
If the modifications made are approved by the supervising engineer-visiting officer of the municipality, the certificate of completion will be issued by the licensing authority for their property, and if it is not corrected, the municipality does not have the right to issue a certificate of completion, and if the completion is done, it is a violation, and in the event of an accident due to non-compliance with the regulations National building or buyer’s complaint, the builder and the municipality are guilty and must compensate for the damage.
Obviously, the project supervisor is no longer responsible if he has rejected the violation reports completely and on time.
Author: Khalil Dashti, member of Khuzestan Construction Engineering System (with a little summary)
This post is written by mabhasnozdahom