Is It Possible to File a Complaint Against a Municipality?
Municipalities are among the most important and influential executive institutions in people’s daily lives. The legislature has expressly defined numerous duties and responsibilities for municipalities in various provisions of law. Given the broad scope of municipal authority and functions, the possibility of disputes, problems, and at times the infringement of citizens’ rights inevitably exists. The legislature, to prevent violations of public rights by powerful institutions such as the government or municipalities, has provided legal protection. Not only is it possible to bring legal actions and file complaints against municipalities, but where they are found to be in breach, court judgments may also be enforced against them.
In response to this question, it must be stated clearly that yes, it is possible to file a complaint against a municipality. The general rule is that any natural person or legal entity who causes damage or violates another person’s rights may be held liable, and compensation may be sought through legal proceedings.
Pursuant to Article 331 of the Iranian Civil Code:
“Whoever causes the destruction of property shall be liable to restore it or pay its value, and if he causes a defect, he shall be responsible for remedying such deficiency.”
Accordingly, even if a municipality, as a legal entity, causes damage to a person, it is legally obligated to compensate for that damage. Where a municipality or any of its employees causes harm or loss resulting in the violation of a person’s rights, a complaint may be brought, for example, on the grounds of unlawful possession or a claim for damages arising from destruction.
By way of illustration, if a municipality takes possession of private property without the owner’s consent, the owner may file a claim against the municipality. Similarly, disputes may arise when a municipality delays or refuses to issue building permits, revokes permits, takes land for street widening without the owner’s consent, or commits errors in assessing municipal charges and levies.
The Role of a Lawyer in Claims Against Municipalities
Acts committed by municipalities that result in damage to individuals may generally be classified into two categories: sovereign acts and proprietary or administrative acts.
Sovereign acts are defined in Article 8 of the Civil Service Management Law as follows:
“Sovereign affairs are those matters whose realization ensures national authority and sovereignty, and whose benefits, without limitation, extend to all segments of society, and the enjoyment of such services does not restrict others.”
Examples include supervision of the economic, cultural, social, and political sectors; policymaking and planning; establishment of justice and social security; redistribution of income; creation of conditions for fair competition and the prevention of monopoly; national defense and territorial integrity; administration of internal and foreign affairs; and protection of the environment.
Proprietary or administrative acts are defined under the Single Article of the Law on Determining the Authority for Disputes Between Individuals and the Government, adopted in 1928, as acts performed by the government in the same legal manner as private individuals, such as buying and selling property, leasing, and similar transactions.
In matters of this nature, municipalities are treated in the same manner as private persons. Therefore, where a municipality unlawfully takes possession of property or causes financial loss to a citizen, jurisdiction lies with the general courts, whether civil or criminal.
In some cases, however, a municipality may cause damage through the exercise of sovereign authority. In such situations, individuals may first refer their complaints to the municipality’s legal department or the public affairs department, where experts examine the matter. If the municipality is found at fault, the complainant may be directed to the competent authority for further action. If the municipality denies responsibility, the individual may then pursue the matter before the Administrative Justice Court.
Based on Article 173 of the Constitution
“In order to investigate complaints, grievances, and objections of the people with respect to government officials, units, or regulations, and to restore their rights, a court called the Administrative Justice Court shall be established under the supervision of the Judiciary.”
The principal office of this court is located in Tehran. However, to facilitate public access, branches operate within the judicial complexes of provincial capitals. It should be noted that when governmental bodies, councils, or municipalities enact regulations or decisions beyond their legal authority, individuals may file complaints with the Administrative Justice Court.
If you require legal consultation regarding filing a claim against a municipality in order to restore violated rights, you may seek assistance from the legal professionals of Soroush Salamian Law Firm.
Frequently Asked Questions About Filing a Complaint Against a Municipality
Yes. Any natural person or legal entity whose rights have been violated or who has suffered damage as a result of municipal actions may file a complaint. Pursuant to Article 331 of the Civil Code, anyone who causes damage is obliged to compensate, and municipalities are not exempt from this rule.
Claims may be brought for unlawful possession of property, delay or refusal in issuing building permits, revocation of permits, and errors in the assessment of municipal charges, among others.
Municipal acts are divided into sovereign acts and proprietary acts. In proprietary matters, municipalities are subject to the jurisdiction of general civil or criminal courts. In sovereign matters, individuals may first pursue administrative remedies, and if unresolved, file a complaint before the Administrative Justice Court.
Under Article 173 of the Constitution, the Administrative Justice Court is competent to hear complaints against governmental bodies and municipalities. Its main office is in Tehran, with branches in provincial judicial centers, where citizens may submit their complaints directly. Is it possible to file a complaint against a municipality?
What types of damages may be claimed against a municipality?
What is the role of a lawyer in cases against municipalities?
How can a complaint be filed with the Administrative Justice Court?
