Prohibition on Using Property Contrary to Its Authorized Land Use
Rising costs across many sectors, including residential real estate, have led some owners to use residential units for commercial or administrative purposes, despite legal restrictions on land-use changes.
If such conduct is reported to the competent authorities or municipalities, it may be pursued and addressed through the relevant legal channels.
At the same time, Iranian law recognizes specific exceptions under which certain non-residential uses within a residential property may be permissible. In addition, urban planning regulations may limit certain aspects of private ownership and define land-use categories for properties within city limits.
Accordingly, the manner in which land and buildings may be used is determined to maintain order in urban development and planning.
Legal Framework Governing Property Land Use
The Legal Basis for Restricting Land Use Change
As a general rule, any construction or building-related work undertaken by the owners of land and property within a city requires a building permit issued by the municipality.
Under Clause 24 of Article 55 of the Municipalities Law, municipalities are required to state the authorized use of the relevant building in the issued permit and to supervise compliance.
Therefore, violations of municipal regulations and any alteration in the use of a building that contradicts the building permit are prohibited under municipal law.
Review of such violations falls within the jurisdiction of the Municipality Article 100 Commission.
Types of Land Use
Land use refers to the manner and purpose for which land and buildings may be used, as set out in municipal permits and urban development plans.
Various land-use categories are also anticipated in detailed city plans. In practice, land use is commonly divided into three key categories: residential, commercial, and administrative.
Although Iranian legislation does not provide a comprehensive and precise definition for every type of land-use change, public awareness of these categories is important to avoid legal complications.
In some circumstances, noncompliance may result in serious consequences, including criminal liability.
Statutory Exceptions for Non-Residential Use of Residential Property
As noted above, the general principle is that changing land use is not permitted, and using a property contrary to its designated use is treated as a violation.
Nevertheless, the law provides multiple exceptions under which certain non-residential activities may be carried out on residential property.
Based on the note appended to Clause 24 of Article 55 of the Municipalities Law, the following are recognized as exceptions:
- Establishing a medical office, a law office, an official notary office, an office for marriage and divorce registration, an engineering office, and offices for newspapers and magazines.
- Professional activities of physicians and professions affiliated with medical practice.
- Establishing a press or media office.
- Using the property for home-based occupations and home businesses.
Administrative Units
Based on commonly used definitions, administrative units include buildings used by institutions of the Islamic Revolution or by the government. In addition, other buildings that are not classified as residential, commercial, or industrial may also fall within the administrative category.
Accordingly, administrative land use generally refers to premises where natural or legal persons conduct professional activities and where service-related operations connected to the private or public sectors are carried out.
The Principle of “Non-Permissibility of Land Use Change” in Municipal Law
Pursuant to the note to Clause 24 of Article 55 of the Municipalities Law, the municipality is required to state the authorized use of buildings in their building permits, in accordance with the city master plan.
If, in a non-commercial or residential zone, a place of business, profession, or trade is established contrary to what is stated in the building permit, the municipality may refer the matter to the Article 100 Commission. If the Commission confirms the violation, it will issue the appropriate decision.
Land Use Change in Agricultural Land
Under the Law on Preservation of the Use of Agricultural and Garden Lands, changing the use of agricultural land is prohibited. However, lands whose use was changed prior to the enactment of this law in 1995 (Iranian year 1374) are generally not subject to criminal characterization under the principle of non-retroactivity of laws.
It should also be noted that authority over land-use changes for agricultural lands lies with the Article 5 Commission of the Supreme Council of Urban Planning and Architecture. No authority in this regard has been granted to municipalities. In addition, the prosecution of the crime related to unlawful land-use change of agricultural lands falls within the jurisdiction of criminal courts.
Frequently Asked Questions
Property land use refers to the authorized purpose for which land or a building may be used, as specified in the building permit issued by the municipality. Compliance is essential for preserving urban order and preventing legal disputes and penalties.
The general rule is that land use change is not permitted, and using a property contrary to its authorized use is prohibited. Only the cases expressly recognized by law, such as certain professional offices, may be permissible.
Under the note to Clause 24 of Article 55 of the Municipalities Law, exceptions include establishing a medical office, a law office, a notary office, an office for marriage and divorce registration, an engineering office, and press-related offices, as well as certain home-based occupations.
The municipality must specify the authorized land use in the building permit and, in the event of a violation, refer the matter to the Article 100 Commission for review and decision.
An administrative unit generally refers to premises where individuals or entities provide services or conduct official or professional activities that are not categorized as residential, commercial, or industrial.
As a rule, changing the use of agricultural and garden lands is prohibited under the relevant law. Decisions on such changes fall within the authority of the Article 5 Commission, not the municipality.
Within urban areas, violations are typically reviewed by the Municipality Article 100 Commission. For agricultural land use changes that constitute criminal matters, the competent criminal courts have jurisdiction. What is property land use, and why does it matter?
Can a residential property be changed to commercial or administrative use?
What are the legal exceptions for non-residential use of a residential unit?
What is the municipality’s role in supervising land use?
What is an administrative unit?
Is changing the use of agricultural land permitted?
How are land use violations addressed?
