Illegal Demolition of Property

Illegal Demolition of Property

Illegal demolition of property refers to an act in which a person, without judicial authorization and without the consent of the owner or the lawful possessor, destroys, removes, or damages a building or structure belonging to another. Under Article 677 of the Islamic Penal Code (Ta’zirat), any person who intentionally destroys movable or immovable property belonging to another may be sentenced to imprisonment from six months to three years. Where the demolished property is a residence or a place of business, the injured party may seek compensation for damages and also pursue criminal proceedings against the wrongdoer.

Even if the accused claims ownership, demolition carried out without a final court judgment may still fall within the scope of the offense of destruction and remain subject to prosecution. For this reason, understanding the legal boundaries of ownership, possession, and permissible interference with another person’s property is essential to prevent exposure to criminal and civil liability.

The First Legal Step After an Illegal Demolition Incident

When illegal demolition occurs, the first and most urgent step is to report the matter to the local police station and request the preparation of an official incident report, including the precise identification of the property, the owner, and the alleged offender or offenders. Police officers are required to attend the site, record the condition of the property, document the demolition, and forward the initial file to the judicial authorities.

At the same time, the owner may file a criminal complaint and request preservation of evidence through the Dispute Resolution Council, so that a court-appointed expert can assess the extent of the damage. Prompt, well-documented action at this stage is critical, since delays may weaken the claim, complicate verification of the facts, or increase the offender’s ability to raise defenses. Supporting documents such as a title deed, photographs taken before demolition, and credible witnesses can significantly accelerate the process.

Filing a Criminal Complaint for Intentional Destruction

A criminal complaint for illegal demolition is commonly filed under Article 677 of the Islamic Penal Code and may result in imprisonment for the offender. The owner or the owner’s legal representative may file a criminal complaint with the prosecutor’s office in the jurisdiction where the incident occurred, typically under the title of intentional destruction of property, and submit supporting evidence such as ownership documents, photographs, witness statements, and the police report.

After the case is referred to an investigative branch, the accused is summoned. If intent is proven and no lawful authorization existed, the investigation may conclude with the issuance of a finding supporting prosecution. The matter is then forwarded to the Criminal Court of the Second Instance for a final judgment. At this stage, the court may impose a sentence of imprisonment and issue an order for the payment of damages. A criminal complaint is therefore often an effective mechanism for stopping further unlawful acts and holding the wrongdoer accountable.

Civil Lawsuit to Claim Compensation

In addition to the criminal route, the injured owner may file a civil claim before the General Civil Court to recover damages arising from the demolition. For this purpose, a petition typically titled claim for damages resulting from illegal demolition should be prepared, with the amount of damage stated based on expert assessment. The claim must be filed against the person or persons who carried out the demolition.

After reviewing documents, hearing both parties, and conducting an expert evaluation, the court may order the defendant to pay damages and litigation costs if demolition is established and no legal authorization is proven. Where demolition has deprived the owner of the ability to reside in the property or operate a business, it may also be possible to claim additional heads of loss, including certain forms of non-material harm or loss of benefit, subject to the court’s assessment. In practice, pursuing both criminal and civil proceedings in parallel can be the most effective approach to comprehensive recovery.

The Role of the Dispute Resolution Council in Preserving Evidence

One of the most effective tools for proving illegal demolition is a request for preservation of evidence through the Dispute Resolution Council. Under Article 154 of the Civil Procedure Code, a person may request the assignment of an official expert to secure and record evidence of damage. The expert visits the site, assesses the property’s condition, and prepares an official report estimating the losses. This report is often accepted as an important piece of evidence in both criminal and civil proceedings.

Preservation of evidence is particularly important when demolition is ongoing, incomplete, or when the traces of the offense may be removed or altered. Acting promptly to obtain such an expert report can shorten proceedings and strengthen the evidentiary position of the claimant.

How to Appeal a Judgment in an Illegal Demolition Case

After a judgment is issued in criminal or civil proceedings relating to illegal demolition, either party may appeal within the statutory time limit, generally twenty days for individuals residing in Iran. The appeal authority for criminal matters is the Provincial Court of Appeal. In the appellate stage, the appellant may submit additional grounds, challenge deficiencies in the investigation, or rely on new evidence, subject to the applicable law.

Where an appeal is not available, in limited cases and under specific legal conditions, a further review process may be pursued before the Supreme Court. Careful preparation of the appellate brief and, where appropriate, representation by a qualified lawyer can significantly affect the outcome. For this reason, a close review of the judgment and a timely, structured legal follow-up are essential.

Criminal and Civil Liability of the Demolisher

A person who unlawfully demolishes property may face both criminal liability and civil liability. In addition to imprisonment and, in certain situations, additional penalties under applicable criminal rules, the wrongdoer may be required to compensate the injured party. Under Article 1 of the Civil Liability Law, any person who causes harm to another is obliged to repair that harm. Accordingly, the offender may be ordered to pay for repair or reconstruction costs, expert fees, attorney fees where recoverable, and other litigation expenses.

If demolition was carried out using dangerous tools, with retaliatory motives, or under circumstances that aggravate the wrongdoing, the penalties may be more severe. If the act caused damage to public property, neighboring properties, or protected heritage structures, additional entities such as the municipality or the Cultural Heritage Organization may also intervene and pursue separate claims. The wrongdoer may therefore face multiple layers of legal exposure.

Circumstances Where Demolition May Be Lawful

In certain circumstances, demolition may be lawful when performed under valid authorization or pursuant to a judicial order. Examples can include demolition of properties within approved municipal development plans, removal of unauthorized structures following a decision by the Article 100 Commission, demolition ordered by a court in connection with restoring possession, or demolition connected to enforcement of an eviction order.

Demolition by the lawful owner of the owner’s own property may also be permissible, provided the property is not under unlawful possession, and all required permits are obtained. Without proper documentation and lawful authority, even a claim of ownership is not a justification for demolition. Ultimately, the competent judicial authority determines whether demolition is lawful or unlawful based on the facts and legal authorizations presented.

The Role of a Lawyer in Illegal Demolition Cases

Engaging a lawyer experienced in property disputes can significantly improve efficiency and increase the likelihood of a favorable outcome. A lawyer can prepare criminal complaints, civil petitions, defense submissions, and appeal briefs in a precise, legally structured manner, and can guide the case from the earliest steps through final judgment.

Many delays or dismissals arise from procedural defects or insufficient legal framing. Early legal advice can help prevent such issues. A lawyer’s presence can also be valuable during expert inspections by reducing the risk of factual distortion and ensuring that the damage assessment reflects the realities of the case. For firm branding on your website, you may refer to Soroush Salamian Law Firm where appropriate.

Preventing Illegal Demolition Through Protective Legal Measures

A practical way to prevent illegal demolition is to take protective legal steps before damage occurs. If there is a credible risk of demolition, the owner may apply to the court for an interim order preventing interference with or demolition of the property, supported by reasonable evidence. Formal warnings, proactive legal pursuit of underlying disputes, and clear written notices can also deter unlawful conduct.

In many cases, property owners delay action due to uncertainty about their legal position, only to find the property already damaged. Understanding legal rights, reacting promptly to threats, and cooperating with judicial authorities can prevent irreversible harm. Legal review of the title, possession status, and boundary documentation is also an important preventive measure.

Frequently Asked Questions About Illegal Demolition of Property