Regarding the question of whether  the buyer or the seller is responsible for the withdrawal of the property,  it should be said that according to the law, if the property is included in the withdrawal plan, the owner must be responsible unless it is stated in the contract at the time of sale that the property is included in the withdrawal plan and the buyer has purchased the property with this in mind; otherwise, the buyer can sue the owner and seek compensation. To do this, it is recommended to refer to a specialist lawyer with the purchase agreement in hand, because the steps will be legally difficult and complicated, so experts and experienced lawyers in this field should be used.

When does property repossession occur?

Property setback actually occurs when the municipality intends to beautify and renovate the city, widen the streets and avenues. In some cases, all or part of your property may be included in the same plan, and that part of the property needs to be transferred to the municipality. Here, you may have questions such as whether it is possible to refuse to transfer the property to the municipality? What are the rights and obligations of the owner against the transfer of the property? Or how can you find out that the property is included in the renovation plan? To answer such questions, you need to know the rules of building setback.

Before reviewing the building’s setback rules, if you plan to buy or  rent an apartment in Tehran  , Mr. Real Estate’s website will inform you of the most up-to-date prices.

Building setback rules

In order to improve and improve traffic and widen the streets, the municipality decides to widen the streets from time to time, which may require the demolition of some buildings and sometimes the demolition of parts of the buildings. This retreat brings problems for the owners because someone has purchased a property and after some time finds out that the property is included in the municipality’s renovation plan and has suffered financial damage and loss. Here, he wants to know whether he can find out about the condition of the property at the time of retreat or not?

The most important thing to note is that the law always agrees with the municipality when implementing a renovation plan, and the municipality implements the plan as it sees fit, and you are obligated to hand over your property to the municipality according to the law. You cannot refuse to give the property or part of the property to the municipality.

Important tips to prevent property damage during building retreat:

• The law requires the municipality to pay fees to owners when taking property or damaging part of the property.
• Whether damage occurs to the property (land) or to the property (buildings and structures), the municipality is obligated to pay compensation to the owner.

Compensation for land receding

If damage is caused to the property or the building, experts determine the amount of damage and the municipality pays for that damage. However, if damage is caused to the land, that is, if the municipality wants to seize all or part of the property, the value of the land will be considered at the price one year before the assessment and six percent will be added to the calculated amount. Now, if the amount obtained is more than the price of the land, the same amount will be considered at the time of assessment and the municipality must pay all the damage.

The municipality has also considered benefits for the cooperation of owners:

First, when renovating damaged parts of a building for owners, the municipality sometimes issues permits for density exceeding the permitted area limit, and second, it may in some cases consider tax breaks for some properties.

Compensation for building setback

When the owner is informed of the municipality’s plan, if he demolishes the building and withdraws his property before the municipality’s order and the plan is implemented, the municipality will not pay for the damages to the building and the price of the property because the owner withdrew the building himself and cannot claim damages from the municipality. The municipality is also not obligated to consider density facilities and tax breaks for the property.

However, since the owner has done some work in implementing the road renovation plan, the municipality may grant the owner some facilities. So remember that the building’s retreat must be done by order of the municipality.

According to Tabnak  , many owners believe that when faced with a municipal order to withdraw at the time of obtaining a demolition and renovation permit, they are obligated to give up the area subject to withdrawal for free, while municipalities are legally obligated to pay damages to individuals and pay compensation. In many cases, owners are faced with a municipal order to withdraw when obtaining a demolition and renovation permit, and with the idea that they are obligated to give up the area subject to withdrawal for free in order to issue the permit, they never imagine receiving compensation or the value of the area that has been withdrawn.

Here the question arises: why should the owner retreat and have part of his property become a public thoroughfare, and should the municipality pay the owner for this retreat?

Answer: Every few years, municipalities widen roads and come up with new plans to improve traffic and beautify cities. In many cases, implementing these plans means demolishing a number of existing buildings in the area. Depending on the engineers’ plan and the purpose of implementing the plan, the extent of the demolition will vary. The entire property may be taken over by the municipality or part of it may be within the plan’s boundaries, causing the building to retreat.

Building setback during renovation

When you decide to renovate your building, you need to go to the municipality to get an operating permit. At this time, you may encounter a building setback order. If the municipality has decided to widen the streets in your area but it has not yet been implemented, you must comply with the property setback during the renovation.

A few important points before possible setback problems arise during renovation

1. When obtaining a building permit for building renovation, be sure to obtain the building’s setback amount from the municipality.

2. Observe the property’s setback during construction and renovation.

3. After the construction is completed, if you do not observe the setback area, you will definitely encounter many problems.

4. It is not possible to issue a certificate of completion of the municipality’s work in the event of any violation of the retreat.

5. If you do not respect the boundary when retreating, you have trespassed on municipal property because, according to the law, the streets and alleys belong to the municipality and are considered municipal property.

6. The municipality can demolish or issue a fine for a property that does not comply with the setback limits.