Owner Consent for Apartment Renovation
Renovating aging apartment buildings in major cities, particularly metropolitan areas such as Tehran, is widely regarded as a practical measure to improve urban living standards and address serious building safety concerns. One of the most significant legal and practical challenges in the renovation process, however, is obtaining owners’ consent. In multi-owner buildings, any decision regarding renovation requires coordination among individuals with different preferences, financial capacities, and priorities. A lack of consensus can halt the renovation process and, in some cases, lead to prolonged legal disputes.
In this context, the Condominium Ownership Law and its related regulations provide a structured framework for collective decision-making regarding major repairs and building renovation. Familiarity with these rules, as well as applicable legal procedures, is essential to facilitate renovations and prevent disputes. This article examines the legal requirements for owner consent, the conditions for lawfully commencing renovation, and available legal options in the event of opposition.
What Percentage of Owners Must Consent to Renovate an Older Apartment Building?
Under Article 10 of the Condominium Ownership Law and its related provisions, major renovations affecting the building’s common areas, such as the structural framework, external facade, main utilities, corridors, and rooftop, generally require the consent of all owners. By contrast, renovations limited to the exclusive portion of a single unit do not require the consent of other owners, provided that no damage is caused to common areas or other units.
Where the building’s general assembly makes renovation decisions, Article 7 of the same law recognizes the validity of decisions adopted by the majority of owners, taking into account both the number of owners and the proportion of floor area. If a minority of owners objects, it may be possible to refer the matter to the court for resolution. As a result, proceeding with major renovation without securing the required consent or an assembly decision may expose the initiator to civil claims. This issue is particularly important in worn-out buildings where reinforcement or urgent rehabilitation is necessary. Before taking any action, owners are advised to consult the building manager or board and, where appropriate, convene a general assembly meeting to ensure that legal steps are followed properly and to minimize future liability risks.
What Steps Are Required to Obtain a Renovation Permit?
Under municipal regulations and the executive rules connected to Article 100 of the Municipality Law, any renovation involving structural changes, relocation of walls, creation or removal of interior space, or changes to the building’s external facade requires a permit from the municipality. The owner or the owner’s legal representative must typically apply through municipal service offices or the local district municipality and submit documents such as the title deed, building identification records, existing and proposed plans, and, where required, consent documentation from other owners.
After review, the municipality issues a permit if the renovation complies with technical standards and urban planning requirements. In the event of violations, the municipality may halt construction work and refer the matter to the Article 100 Commission, which can impose fines, order the suspension of work, or require the removal of unauthorized additions. Observing the permit process protects the owner’s rights and helps prevent future legal complications. Minor interior improvements, such as repainting or changing flooring, often do not require a permit, but substantial alterations should be performed only with proper authorization.
The Role of the Condominium Ownership Law in Renovating a Residential Unit
The Condominium Ownership Law of 1343 and its implementing bylaw provide the primary legal foundation for determining owners’ rights and limitations in renovation matters. Under Article 6, common areas cannot be subject to exclusive possession, and any interference with them requires collective decision-making. This principle is especially important where renovation affects shared ceilings, floors, common walls, or central installations.
Furthermore, under Article 10, if an owner intends to carry out a major renovation within a unit that is directly connected to common areas, such as replacing main plumbing lines or relocating windows in a manner that affects the exterior or shared systems, the owner must obtain the consent of other owners. If the required consent is not secured, other owners may rely on the Condominium Ownership Law to stop the work or initiate judicial proceedings. Article 7 also outlines the mechanism of the owners’ general assembly, which plays a central role in collective decisions concerning broader renovation projects. In practical terms, respecting the boundary between private ownership and common property is the key legal principle governing renovation in condominiums.
Does an Owner Have the Right to Demolish an Old Unit?
Under the Civil Code and the condominium’s rules, an owner may exercise control over their exclusive unit. Still, this control is limited by the principle of avoiding harm to others and protecting common rights. If demolition of a unit may damage the building’s structural framework, a shared wall, or key infrastructure serving other units, unilateral demolition without other owners’ consent and without a municipal permit is unlawful.
Judicial practice also recognizes that unilateral demolition, which disrupts others’ ability to reside safely or creates a hazard, may be pursued under legal titles such as disturbance or unauthorized demolition. Where a building is severely deteriorated and requires comprehensive renewal, the owners’ general assembly should convene and decide whether to reconstruct or undertake a major renovation. If a minority opposes, the majority may seek a court order to authorize compulsory renovation, subject to legal requirements. In summary, while an owner has substantial authority within an exclusive unit, that authority is not absolute and must be exercised with due regard for others’ rights and necessary permits.
Who Bears Legal Responsibility for Damages Caused During Renovation?
If renovation operations cause damage to other units or common areas, civil liability and, in some cases, criminal exposure may arise for the owner and/or the contractor. Under Article 328 of the Civil Code, anyone who causes loss or damage to another’s property is liable, whether or not the harm resulted from fault in the narrow sense. If a contractor or worker damages main pipelines, shared walls, or the property of others, the owner may be held responsible unless the owner can demonstrate that reasonable preventive measures were taken.
In addition, under rules related to construction worker insurance, if a worker is injured during the project, responsibility may fall on the employer, typically the owner, unless adequate insurance coverage exists and relevant conditions are satisfied. Where damage results from failure to comply with technical standards or from the absence of legal permits, the municipality may also intervene and stop the project. To reduce risk, owners should consider contracting with a supervising engineer, implementing safety measures, and obtaining civil liability insurance to cover potential claims.
Renovating Older Buildings Without Unanimous Consent
In exceptional circumstances, renovation may proceed even without unanimous owner consent, particularly where demolition or major rehabilitation is unavoidable due to severe deterioration or serious safety risks. Under Article 13 of the Condominium Ownership Law and relevant judicial approaches, if a majority of owners, taking into account both number and floor area, decide to renovate and the minority’s opposition harms the collective interest, the court may authorize the continuation of the project. In buildings more than 30 years old, risks such as structural failure or major infrastructure failure can support the argument for legally compelled renovation.
In such cases, the owner or building manager may gather technical evidence and an official expert report and apply to the competent civil court for authorization. This route requires court proceedings and proof of necessity. While the law emphasizes consensus, in situations involving life and safety, the protection of residents can take precedence over individual objection.
What Are the Building Manager’s Duties During Renovation?
Under Article 14 of the implementing bylaw of the Condominium Ownership Law, the building manager or board is responsible for preserving, maintaining, and repairing common areas. If renovation or rehabilitation of areas such as the lobby, elevator, engine room, or rooftop is needed, the manager should refer the matter to the general assembly. Once approved by the required majority, the manager typically proceeds to obtain quotations, contract with a contractor, secure municipal permits where required, and supervise proper execution.
If the repair is urgent and necessary, such as a main pipe burst, the manager may act without prior approval but should later report to the general assembly. The manager must also disclose costs transparently and maintain records of expenses. In cases of negligence or misconduct, residents may pursue legal remedies under the relevant bylaw provisions. As the building’s representative, the manager should remain impartial, ensure financial transparency, and respect the rights of all residents to reduce the risk of legal disputes during renovation.
Does Renovation Increase the Monthly Building Charge?
If renovation concerns common areas and is approved by the owners’ general assembly, the related costs must be allocated among owners under Article 4 of the Condominium Ownership Law, typically based on each unit’s proportional share of the total area. These expenses may temporarily increase monthly building charges. The manager must communicate cost details, and payment is generally mandatory for all owners, including those who opposed the decision.
If an owner refuses to pay, the manager may pursue collection through the courts or, where applicable, through enforcement procedures. However, if renovation is limited to an owner’s exclusive unit, those costs are not part of the common charge. If renovation upgrades shared facilities, such as installing security cameras, replacing the main entrance door, or refurbishing the lobby, it may lead to a lasting increase in charges, subject to approval by the general assembly. Overall, properly executed renovation often increases property value and can benefit all owners in the long term.
Renovation in a Rental Unit: Owner or Tenant Responsibility?
Under Article 486 of the Civil Code, the tenant must return the property in substantially the same condition as received, except for ordinary wear and tear or unavoidable events. Major renovations, such as replacing cabinets, substantial ceiling repairs, or major work on main utility systems, are generally the owner’s responsibility. A tenant may undertake renovations only with the owner’s consent and may agree to deduct costs from rent or establish a separate arrangement.
If a tenant renovates without permission and causes unauthorized alterations or damage, the tenant may be liable for compensation. Under Article 501 of the Civil Code, the tenant’s unauthorized acts may give the landlord grounds to terminate the lease. For this reason, any renovation in a rented property should be supported by written permission and clear agreement terms. If no agreement is reached, dispute resolution mechanisms may be pursued. Minor changes, such as repainting or installing removable fixtures, are often acceptable unless restricted by the lease.
The Importance of Insurance During Building Renovation
Insurance plays a critical role in covering potential losses during renovation. Under civil liability principles, the owner or building manager may obtain employer liability insurance for construction workers to mitigate risks associated with workplace accidents. Fire insurance and comprehensive renovation insurance can also help cover financial damage to the property itself and, in some policies, damage affecting neighboring units.
Some insurance providers offer specialized packages for renovation and structural reinforcement projects, covering accidents, equipment, theft, and certain neighbor-related risks. For such policies to be valid, municipal permits are often required, and the contractor may need valid third-party liability coverage. Without insurance, an accident during renovation can expose the owner to significant financial liability. Accordingly, renovation insurance is not merely a cost-saving option, but a serious legal and practical safeguard when renovating older apartments.
Frequently Asked Questions About Owner Consent for Apartment Renovation
Yes, owner consent can be necessary depending on the scope of the renovation. In multi-owner buildings, renovation decisions often require coordination among owners with different preferences and financial circumstances. The Condominium Ownership Law and related regulations establish frameworks for collective decision-making for major repairs and renovation projects. Familiarity with these rules helps prevent disputes and delays.
Major renovations affecting common areas generally require the consent required by law and the building’s decision-making process. Renovations limited to an exclusive unit typically do not require the consent of other owners, provided they do not cause damage to common areas or other units. Where a decision is adopted in the general assembly, the majority vote may be valid based on both the number of owners and the floor area. Disputes may be referred to court.
For renovations involving structural changes or changes to the external facade, a municipal permit is generally required. The applicant typically submits the title deed, building records, existing and proposed plans, and any required consent documents. If the work violates regulations, the municipality may halt the project and refer the case to the Article 100 Commission.
The law distinguishes between exclusive ownership and common areas. Common areas cannot be subject to exclusive possession, and interference with them generally requires collective approval. If a unit renovation directly affects common areas or shared systems, obtaining the consent of other owners may be necessary. The law also defines the role of the general assembly in major renovation decisions.
An owner may exercise control over an exclusive unit, but this right is limited. Demolition that risks harm to the building structure, common areas, or other units is unlawful without required consents and municipal permits. Where the building is severely deteriorated, renovation or reconstruction should be pursued through the general assembly and, if needed, court authorization.
If renovation causes damage to common areas or neighboring units, the owner and or contractor may be liable. Under Article 328 of the Civil Code, a person who causes damage to another’s property is generally responsible. Worker accidents may also create liability for the employer unless appropriate insurance coverage is in place.
In exceptional cases involving severe deterioration or serious safety risks, renovation may proceed through legal procedures even without unanimous consent. If the majority decision protects the collective interest and opposition is harmful, a court may grant authorization, particularly where technical evidence demonstrates necessity.
The manager is responsible for maintaining common areas and should refer major renovation needs to the general assembly. After approval, the manager may obtain quotations, contract with a contractor, secure required permits, supervise execution, and maintain transparent financial records. Urgent repairs may be initiated immediately, with later reporting to the assembly.
If renovation concerns common areas and is approved, costs are typically divided among owners based on each unit’s share, which may temporarily increase building charges. Payment is generally required even for owners who opposed the decision. Renovation limited to an exclusive unit is not part of common charges.
Major renovation and essential repairs are generally the owner’s responsibility. A tenant may renovate only with the owner’s written consent and clear agreement on costs. Unauthorized renovation may lead to liability for damages. It may provide grounds for termination of the lease under applicable rules.
Insurance can cover accidents, worker-related liability, and property damage during renovation. Employer liability insurance, fire insurance, and comprehensive renovation policies may reduce financial risk. Permits and proper contractor coverage are often required for policy validity, and lack of insurance can expose the owner to substantial liability. Is owner consent required for apartment renovation?
What percentage of owners must consent to renovate an older apartment building?
What steps are required to obtain a renovation permit?
What is the role of the Condominium Ownership Law in renovating a residential unit?
Does an owner have the right to demolish an old unit?
Who is legally responsible for damages caused during renovation?
When can renovation proceed without unanimous consent?
What are the building manager’s duties during renovation?
Does renovation increase the monthly building charge?
In a rental unit, is renovation the owner’s responsibility or the tenant’s?
Why is insurance important during renovation?
