Maintenance of Commercial and Office Properties in Iran: Decor, Partitions, and Reconstruction

The baseline rules dictating the split of building charge expenses, upkeep, and repairs in the commercial and office real estate sector of Iran (mandated by the Civil Code and the Apartment Ownership Act) are virtually identical to the residential sector in their core philosophy. They differentiate stringently between massive "structural/basic" costs (the owner's domain) and "consumptive/wear and tear" repairs (the tenant's burden). Under the 1997 Landlord and Tenant Relations Act, which came into force on 25 August 1997, these obligations are strictly enforced unless otherwise agreed in a notarized contract.

However, due to the continuous requirements of corporate tenants to undergo massive spatial alterations, install highly specialized plumbing (e.g., industrial restaurant kitchens), and execute physical, heavy corporate branding within offices, business environments present intense and legally sensitive challenges within Iranian courts.

1. Differences in Commercial Models:

The Critical Sensitivity of Old Contracts (Pre-1997)

The meticulous categorization of repairs in an office building depends heavily upon the nature of the ownership system (e.g., an antiqued contract enforcing the Right of Business versus a modern office completely devoid of such claims).

Traditional 'Right of Business' and Sargofli Contracts (Bazaar Properties):

In highly lucrative shops and trading houses governed by the 1977 Law (1356 SH), the issue of repairs reaches a critical boiling point. Under this law, an act of **"Vandalism and Deliberate Neglect" (Ta'addi and Tafrit)—meaning fundamental physical alteration—**by the tenant acts as a legal trigger for eviction without compensation.

• If a tenant possessing the Right of Business undertakes massive, foundational alterations to the physical structure of the shop without the explicit, notarized, written consent of the landlord (for example, demolishing a load-bearing wall to widen the shop's corridor, or permanently bricking over a window/doorway to construct shelving), the landlord will immediately file a lawsuit under Article 14, Paragraph 2 of the 1977 Act.
• The court ruling upon proving "alteration and destruction of the physical form": The violating tenant is struck with a definitive eviction order and the "complete, irrecoverable cancellation of their multi-billion Toman Sargofli and Right of Business without the landlord paying a single Dinar in compensation." Their entire intangible corporate wealth is instantly vaporized. As a result, any structural tampering or foundational repair in Iran's traditional shops requires notarized, ironclad permission from the owner.

Modern Corporate and Administrative Contracts (Without Sargofli):

Startups and massive corporations leasing "Core and Shell" office spaces under the framework of the 1997 Act enjoy broader operational freedom. By default, the owner generally consents to the massive installation of prefabricated walls, intricate server cable networking, the embedding of corporate CCTV systems, and specialized corporate fire suppression rigs. However, this freedom vanishes entirely if any blow is struck against the "load-bearing structure of the complex" (heavy steel I-beams, central columns, and foundational reinforcement) or if the alterations mar the overall aesthetic symmetry of the building facade.

2. Decoration, Tenant Improvements, and the Eviction Condition

Perhaps the single most critical legal divergence between residential and modern commercial regulations in Iran is the debate over additions and facility upgrades installed by the commercial tenant.

Corporations routinely pour significant amounts of capital into expansive lighting rigs, massive external corporate signage, luxury imported wallpaper, movable administrative glass partitions, and hyper-intelligent localized security and cooling arrays. Under the explicit terms of the Iranian Civil Code:

1. Detachable Assets (Movable Property): Unconditionally, upon termination and eviction, the corporate tenant is the absolute, legal owner of all separable, detachable administrative equipment (such as screwed-in MDF temporary partitions, CCTV cameras, split AC units, and heavy servers). They possess the total right to unbolt, dismantle, and remove them.
2. Inseparable and Destructive Installations (Restoration to Original State): If the corporation executed massive new plasterwork on the entrance facade, engaged in heavy structural welding, or removed the original flooring to install heavy corporate tiling directly onto the sub-floor, the tenant cannot demand a single Rial in compensation from the landlord for these luxury facades.

• The 'Return to Original State' Warning: The landlord possesses the legal authority, at the precise moment of issuing the eviction letter and demanding the keys, to legally compel the corporation (entirely at the corporation's own expense) to rip out the custom tiles, destroy the alterations, and restore the space exactly to the "original, bare-bones condition" documented at the inception of the contract. Any structural damages inflicted on the building during the landlord-mandated removal of equipment will be deducted from the corporation's Rahn deposit.

3. Commercial Complex Expenses, Sharj, and Municipal Tolls

Massive commercial administrative environments and luxury mega-malls (Passaj) in Iran are controlled by centralized management boards enforcing an "Expanded Sharj" system. (This encompasses the costs of the mall's central internet backbone, the public electricity consumption of the corridors, the operation of massive rooftop central chillers, specialized professional fire insurance for the entire complex, and the maintenance contracts for the escalators).

Here, commercial tenants are strictly obligated to pay two tiers of expenses:

• Commercial Waste Tolls and Signage Fees: Iranian municipal districts assess figures for collecting the dense, heavy waste generated by commercial units (specifically massive restaurants and corporate headquarters) and levy recurring tolls for the privilege of mounting the company's sign on the building's exterior. The deeply ingrained custom shifts the burden for all these debts precisely onto the shoulders of the corporate tenant.
• The Mall / Administrative Tower Board of Directors Sharj: Failure to pay these figures in modern administrative towers can result in retaliation from the mall's Board of Directors. They can legally respond by physically blockading the store's electronic security shutters, severing the central cooling (AC) lines feeding the delinquent corporate tenant's office, or barring their clients and customers from entering the building.

Meticulously delineating the boundary between valuable "Tenant Improvements" and catastrophic "Landlord Building Defects"—reinforced heavily by the Landager system's rigorous photographic evidence logging during the initial property inventory and move-in inspection—minimizes the risks surrounding the return of massive Rahn deposits. It neutralizes the threat of lawsuits for complex demolition and avoids municipal waste toll disputes, delivering control to both Iranian landlords and corporate tenants.

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