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Building

Law · 2004-12-11 · 29 articles

The Parliament has approved, and the President of the Republic hereby promulgates the following law:

Sole Article – Amendment of the Building Code * – The bill of law contained in Decree No. 10841 dated 6 September 2003 amending Legislative Decree No. 148 dated 16/9/1983 (Building Code), as amended by the joint parliamentary committees, is hereby ratified. – This law shall enter into force upon its publication in the Official Gazette. Baabda, 11 December 2004 Signature: Emile Lahoud This law was published in Official Gazette No. 66 dated 16/12/2004.

Section 1

Building Permits

ARTICLE 1

Mandatory Permit Requirement

The construction, alteration, renovation, and restoration of buildings of all types shall be subject to obtaining a prior permit issued in accordance with the applicable legislation, and based on the approval of the competent technical authorities following a technical inspection conducted for this purpose. The application for a prior permit and the building plans must be signed by the responsible engineer in accordance with the regulations governing the practice of the engineering profession in the engineers' syndicates, and registered with one of the two engineers' syndicates in Beirut or Tripoli according to the registration of the responsible engineer, and in accordance with the law regulating the engineering profession.

The prior permit is mandatory for all buildings, including those belonging to public administrations, public institutions, and municipalities, with the exception of public military buildings, which shall be determined by a decision of the Council of Ministers, provided that they comply with the technical conditions specified in this law and the applicable procedural regulations.

The prior permit is issued based on the technical inspection report issued by the competent technical authority by: - The head of the executive authority in the competent municipality for buildings intended to be constructed within the municipal perimeter. - The Governor or the Qaimmaqam for buildings intended to be constructed outside the municipal perimeter.

1. See Article 66 of Law No. 144 dated 31/07/2019 (2019 Budget Law) relating to sustainable construction, and Article 69 of the same law relating to the extension of building permit deadlines.

ARTICLE 2

Works Exempt from the Permit

A written declaration signed by a responsible engineer and certified by one of the two engineers' syndicates shall substitute the prior permit application for the following works: - External maintenance works (plastering, woodwork, etc.) - Construction of boundary walls. - All renovation works, in buildings or parts of buildings that exist legally or have been regularized. - Cladding works. - Retaining walls and demolition works. - Levelling of natural ground in accordance with the building permit plans (subject to compliance with the last paragraph of Article Four). - Internal modifications within a residential unit or different premises, which do not affect structural elements and shared parts and which do not affect the legality of the residential unit.

Strengthening works involving the main structural frame of the building or the replacement of roofs and balconies are only permitted in buildings or parts of buildings that exist legally or have been regularized.

Receipts for declarations of all types and certificates of building legality shall be issued by the competent authorities that grant building permits in accordance with the provisions of Article Four of this law.

A decree issued upon the proposal of the Minister of Public Works and Transport, after consulting the Higher Council for Urban Planning, shall define the works subject to written declaration and the works exempt from declaration.

The declaration for works exempt from the permit shall be valid for one year.

ARTICLE 3

Conditions and Documents for Permit Application

A decision issued by the Minister of Public Works and Transport, based on a proposal by the Director General of Urban Planning, shall define the conditions required for the prior permit application or written declaration, the documents to be included, the conditions for keeping building permit and declaration registers, and the methods for notifying relevant administrations, authorities, and stakeholders thereof.

ARTICLE 4

Procedures for Granting a Building Permit and Its Effects

First: Regulations to be Observed in Granting a Building Permit: When issuing the prior permit, the applicable plans and regulations in force at the date of granting the permit must be observed, particularly those relating to urban planning, public health, and public safety.

For properties subject to an approved but unimplemented plan, whether expropriated or not, the approved plan shall apply in all its requirements concerning the manner of vehicle access to and egress from the property, rights of light, and the building envelope, provided that the setback from the property boundaries prior to the plan shall not be less than four and a half metres.

The owner, upon submitting the building permit application, shall choose between paying the substitution fees for parking spaces that must be provided within the property in accordance with the permit plans and the applicable laws and regulations, or providing the parking spaces in kind.

Renewal of the building permit shall be subject to the provisions of this law and the building regulations and easements in force at the date of granting the renewal, except for rights already acquired by the permit holder through the construction of the structural parts of the licensed building: (foundations, load-bearing walls, columns, beams, and roof slab).

The permit shall only be issued after the approval of the competent technical authority and full payment of the applicable fees.

Second: Timeframes: The competent technical authority must grant or refuse its approval, stating all the reasoned grounds for refusal and for one single time, within the timeframes set out below, calculated from the date of registration of the application with said authorities: 1- Within a maximum period of two months if the property subject to the permit application is located on an open road or alongside an approved plan. - Within a maximum period of six months if the property is subject to or adjacent to a planning project, a planning amendment project, or a general planning project referred for approval, or if the application requires the opinion of the Higher Council for Urban Planning or other relevant public administrations (the General Directorate of Antiquities, the General Directorate of Civil Aviation, etc.).

  1. 1)The other competent departments (civil defence, etc.) must each grant approval or refusal with a statement of all reasoned grounds and for one single time within fifteen days from the date of their receipt of the referral, otherwise the application shall be considered implicitly approved by those departments.
  2. 2)The competent technical departments must, under penalty of liability, take their decision whether to approve or refuse and notify it within the aforementioned timeframes to the stakeholder. If no decision is taken, the latter may approach the authority competent to grant the permit, directly or through a notary public, within six months from the date of expiry of the timeframes set out in paragraph 1 of this article's Second section, by written notice in which he considers himself implicitly licensed to build, accompanied by the amount of fees due, subject to his undertaking to comply with the contents of the permit file and the applicable laws and regulations.
  3. 3)The competent authority must deliver to the stakeholder, within one month from the date of registration of the permit application, a certified true copy of the adopted land valuation applicable at the date of the application. If the competent authority refuses to deliver the valuation to the stakeholder, the latter may pay what he considers to be the fees due at his own risk, subject to final accounting before obtaining the works licence.

The Higher Council for Urban Planning shall, within a maximum period of one month, settle any technical dispute arising between stakeholders and the administration and express its opinion on the proper application of the provisions of this law.

Third: Effects of the Building Permit: No construction works, demolition works, earthworks preparatory to construction, or works exempt from the permit may commence before obtaining the permit or declaration in accordance with the legal procedures and full payment of the applicable fees.

This shall take place, where required, under the supervision of an engineer and in accordance with the following conditions: - The property owner holding the permit and his contractors must not commence implementation of the permit contents before obtaining a commencement order signed by the responsible engineer and registered with the engineers' syndicate. - The permit holder and his contractors must not pour any slab or roof for any floor before obtaining a pour authorization signed by the responsible engineer, at his own responsibility. - The relevant engineers' syndicate shall coordinate with the various competent authorities to ensure proper implementation.

The building permit application may include renovation works, construction of boundary walls, retaining walls, final levelling of the property land, and demolition simultaneously. However, if the application is limited to earthworks on the property (excavation or fill), the declaration application must include natural ground plans signed by a licensed surveying engineer registered with one of the two engineers' syndicates, or a licensed topographer registered with the syndicate of licensed topographers, with photographs taken before commencing work, and the final plans required for execution.

Where the total built-up area subject to fees and requiring a permit exceeds a certain area, the owner, under the supervision of a responsible engineer, may commence excavation and shoring works based on a special permit and the permit plans submitted, under conditions defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

The permit is valid for six years, renewable once for a period of two years from the date of expiry of the basic permit, exempt from fees if no increase in the licensed area has occurred and there is no legal impediment, subject to submitting the renewal application to the technical departments within a maximum period of six months from the date of expiry of the basic permit, this period being counted within the renewal period, during which the owner may not continue construction without having obtained the permit renewal. The competent technical authorities must decide on the renewal application within one month from the date of its submission.

Where the area of the property or group of adjacent properties subject to the permit application exceeds 20,000 m², the permit may be phased based on the Higher Council for Urban Planning's approval of the overall project plan and the areas subject to the permit.

The approval of Urban Planning shall remain valid with respect to the approved design and areas, regardless of any amendments that may occur to the applicable regulations in the area, for a period of twelve years (12 years), subject to the following conditions: - The project must be comprehensive. - The permit must be subject to the provisions of Article Sixteen of this law (Large Complexes). - Where the property or group of properties subject to the permit application falls within an unregulated area, and in order to benefit from the above provisions, the conditions for construction on the property shall be defined after approval of the Higher Council for Urban Planning, in particular the general surface area exploitation factor and heights, easements, urban planning and aesthetic conditions, without these conditions exceeding those applicable under the provisions of Article Seventeen of this law with respect to the general exploitation factor.

Any amendment to the approved plan must be accompanied by the approval of the Higher Council for Urban Planning, without this resulting in any extension of the timeframe referred to above.

ARTICLE 5

Implementation of the Permit

The permit is in principle limited to the matters contained therein, and any amendment to be introduced to the licensed but unimplemented building, which would change its external footprint, internal layout, or height in a manner affecting rights of light, easements, or increasing the licensed areas, must be declared by submitting amended plans registered with one of the two engineers' syndicates.

In such case, fees shall be charged on the excess over the originally licensed areas on the basis of the unit fee resulting from the valuation in accordance with the prevailing rate at the date of granting the basic building permit, and a supplementary amendment permit shall be issued expiring upon the expiry of the basic permit.

If the licensed building under construction contains internal modifications without a fundamental change to the external footprint or height, the stakeholder may continue works under the engineer's responsibility pending submission of the occupancy permit application.

A copy of the granted prior permit and a copy of the commencement order shall be prominently displayed at the worksite before commencing works, throughout the duration of the works, and until obtaining the final occupancy permit for all parts of the building.

The property owner, upon obtaining a permit or declaration receipt and after commencing work, has the right to use the pavement up to a maximum of two metres, subject to ensuring a pedestrian passage within the pavement of no less than eighty centimetres (80 cm) in width throughout the duration of work.

The permit is granted to the property owner or his legal successor, reserving the rights of third parties. The owner or his successor, the engineers, and the contractors are each responsible within their respective areas, and must take the necessary arrangements before and during construction to ensure the maintenance, safety, and stability of public and private structures, the safety of persons, and non-disruption of traffic.

A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the technical conditions for the right to use the pavement and the details of the responsibilities of the owner or his successor, the engineers, and the contractors.

If all works subject to the permit or declaration are not completed within the legal timeframes, the works or unexecuted parts thereof shall be considered unlicensed, and their execution shall require obtaining a new permit or submitting a new declaration according to their nature and payment of the applicable fees.

Upon expiry of the permit period, construction works shall not require new permit fees once the structural elements have been completed (foundations, load-bearing walls, all external walls, columns, beams, roof slabs). Remaining internal and external works shall be considered finishing works requiring a declaration receipt.

After expiry of the permit and in the event the external façades of the building have not been completed, the property owner must complete the finishing works on the façades within one year from the date of expiry of the permit, otherwise fines shall be imposed for unexecuted façade works equal to (15%) fifteen percent of the permit fees based on the prevailing valuation per year, registered on the in-rem register of the property as a preferential debt.

Municipalities shall implement the above after carrying out a permit valuation in accordance with proper procedures and notifying the competent departments.

Existing buildings whose permit has expired, whose structural framework is complete but whose façades have not yet been finished, shall be subject to the provisions of the above paragraph regarding delay fines. Fee assessment and fines shall take effect one year from the date of publication of this law.

This provision shall apply to non-compliant buildings with respect to removing violations and completing façades or demolishing the building in its entirety. Unexecuted internal works and external finishing works shall be subject to obtaining a declaration receipt or a renovation permit according to the type of unexecuted works, and obtaining the declaration receipt or renovation permit shall not exempt the property owner from fines imposed for the period preceding the date of the declaration in accordance with the provisions of this article.

ARTICLE 6

Occupancy Permit (Habitation)

First: Occupancy Permit: Types and Procedure for Granting:

Upon completion of the licensed building, including its external façades, the owner must approach the competent technical authority to obtain an occupancy permit (habitation), accompanied by the required documents and as-built plans registered with one of the two engineers' syndicates, indicating that the work was carried out under the supervision of the engineers who signed the plans, each within their area of expertise, in accordance with the applicable regulations and the implemented permit or amendment, and in accordance with the engineers' syndicate regulations, subject to the following: - A final occupancy permit is issued for all licensed works, or issued for each building or block separately (independent staircase and elevator), provided that the shared parts benefiting this block have been completed. - A partial occupancy permit is issued for part of a building, provided that the façade works and shared parts of the building have been completed.

Upon issuance of the final works permit for all licensed works, the building permit shall be deemed expired even if the period of its validity has not yet lapsed.

The occupancy permit (habitation) is issued by the authority that issued the prior building permit, based on the approval of the competent technical authorities.

A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the conditions for completion of the licensed building and the documents required for issuing a full or partial final occupancy permit, or a full or partial temporary occupancy permit. The conditions for submitting this application and maintaining registers and receipts related thereto shall be defined by a decision issued by the Minister of Public Works based on a proposal by the General Directorate of Urban Planning.

Second: Amendments to the Licensed Building: Where amendments have been made to the permit, plans showing the condition of the building after construction, signed by the responsible engineer, must be submitted. In the event of an increase in the licensed area or a fundamental change in the building design, these amended plans shall be registered with one of the two engineers' syndicates in Beirut and Tripoli.

If the building is found to conform to the designs on the basis of which the permit was granted, or differs therefrom but remains in compliance with the applicable provisions at the time of granting the permit and the special conditions specified in the building permit where applicable, the occupancy permit (habitation) shall be issued after approval of the competent technical authorities, and after all fees and fines payable in accordance with the prevailing rate at the date of granting the basic building permit have been paid in respect of any additional areas constructed without a permit.

If the building or any part thereof does not comply with the applicable provisions, the owner must, under the supervision of the responsible engineer who signed the permit application, carry out the works necessary to bring the building into compliance, and must thereafter notify the administration and submit new plans where required, signed by the responsible engineer and registered with one of the two engineers' syndicates in Beirut and Tripoli.

Third: Timeframes: The occupancy permit must be granted or refused within one month at most from the date of submission of the application. In the event of refusal, the reasons must be stated for one single time and the nature and location of the violation must be specified.

If the said period expires without the application having been decided upon by way of approval or refusal, the permit applicant may consider himself implicitly licensed for the works at his own responsibility and notify the administration in writing thereof, provided that the structures comply with the permit and the applicable provisions, and that the legal fees are paid in the event of legal increases to the areas set out in the basic permit within two months at most from the date of expiry of the period specified above.

ARTICLE 7

Subdivision of Buildings

With due regard to the provisions of Article 26 of Law No. 539 dated 24/7/1996, the cadastral and survey departments are prohibited from proceeding with the final subdivision of a building into different rights unless the stakeholder presents an occupancy permit (habitation) issued in accordance with proper procedures and certificates issued by the competent authorities confirming that the building has been connected to the public electricity and water networks.

The occupancy permit may be substituted by one of the following documents:

  1. 1)A certificate based on official records issued by the head of the executive authority in the municipality, or by the Governor or Qaimmaqam where there is no municipality, and if this is impossible due to unavailability of records, a certificate issued by the competent financial departments in the governorates confirming that the building was completed before 13/9/1971 may be relied upon.
  2. 2)A certificate from the competent technical authority confirming that the occupancy permit application was not decided upon by approval or refusal within the period specified in Article Six above, accompanied by a certificate from the responsible engineer (who signed the permit application) confirming that the building conforms to the permit issued.
ARTICLE 8

Remnants of Public and Private Properties

The purchase of a remnant of public or private property belonging to the State or municipalities resulting from the implementation of a plan or expropriation shall only take place after the approval of the entity owning the remnant based on the completion of the competent technical authority. The purchase of remnants of private properties shall take place in accordance with the provisions of the Urban Planning Law and is not mandatory for the issuance of a permit.

The issuance of the building permit in this case is subject to the payment of a deposit by the owner equivalent to the cost of the remnant estimated on the basis of the valuation adopted for properties for the purpose of charging building fees, subject to subsequent processing of the negotiation, delimitation, and consolidation procedures at the expense of the applicant for purchase. The remnant shall in this case be considered consolidated with the main property if the conditions for consolidation stipulated in the real estate laws are met, otherwise the remnant shall be considered a real estate unit with the main property.

The timeframes for granting the building permit referred to in Article Four of this law shall run after payment of the deposit referred to above.

The costs of the remnant shall be determined finally by the committee defined in Article 80 of Decision No. 26/275 in accordance with the prevailing rate at the date of payment of the deposit. In the event of a dispute over the costs, the competent expropriation courts shall decide on the same basis within one year from the date of payment of the deposit. After this period, the deposit paid shall be deemed the price of this remnant and the cadastral departments must consolidate this remnant with the main property.

The consolidation of the remnant with the property is not mandatory for the administration if it announces its allocation for public use.

Section 2

Technical Requirements for Construction

ARTICLE 9

Building Envelope

The building envelope is the volume within which the building must remain, consisting of horizontal planes and vertical and inclined lines, with the possibility of not exceeding the maximum height defined in the regulations of the zone in which the property is located.

This envelope and the methods of its application shall be defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

ARTICLE 10

Projections beyond the Envelope

1- Projections beyond the Envelope Line Set from the Road Side: Projection beyond the envelope line set from the road side shall only be permitted for open unclosed balconies, canopies, staircase and elevator cages, sun-breakers (Brise Soleil), cornices, decorative and ornamental elements, flower boxes, signage, roof tile capping, penthouse structures, and walls rising above the last floor slab to screen staircase and elevator cages, water tanks, technical installations, thermal insulation works, and waterproofing elements not exceeding fifty centimetres /50 cm/ above the last floor slab.

2- Projections beyond the Envelope Line Set from the Open Spaces Side: Projections beyond the envelope line set from the open spaces side shall be permitted for staircase and elevator cages, cornices, decorative and ornamental elements, flower boxes, sun-breakers, roof tile capping, penthouse structures, and walls rising above the last floor slab to screen staircase and elevator cages, water tanks, technical installations, thermal insulation works, and waterproofing elements not exceeding fifty centimetres /50 cm/ above the last floor slab, under the same conditions permitted for projections beyond the envelope line set from the street side.

A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the conditions and specifications of the projections referred to in paragraphs (1) and (2) of this article.

3- Exceptional Projections: A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning may permit projection beyond the envelope line for certain parts of industrial buildings and places of worship where the nature of their composition and intended use requires this, provided there are no reasons preventing such projection, such as aviation safety.

ARTICLE 11

Right of Light

The right of light is the distance between the vertical line set at the centre of the façade at the axis of the opening that lights and ventilates the room, and the vertical line set on the boundary of the property or another vertical line.

This distance shall be measured within the right of light field and at the axis of the opening (window, glass door, or glass façade), from the most prominent point of the building structure opposite the opening.

The right of light may extend beyond the property boundary to another property if agreements and rights to this effect are registered in the title register of the properties concerned.

Rooms intended for habitation or daytime or day-and-night occupancy must have at least one right of light onto open spaces or roads, whose specifications and conditions shall be defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

The following shall not be considered rooms requiring a right of light:

  1. 1)Stairwells - bathrooms - toilets - residential apartment entrances, provided their area does not exceed ten percent of the apartment area - waiting rooms for commercial offices and liberal professions, provided their area does not exceed twenty percent of the office area, with a maximum of thirty square metres (30 m²) - garage - hall - office - ironing rooms - pantries - servants' rooms - laundry rooms and kitchens, provided the area of the kitchen, laundry room, ironing room, pantry, or servant's room does not exceed eight square metres, and that the rooms mentioned in this paragraph are independent from each other - lecture and sports halls - cinema halls - exhibition halls - hotel, bank, and private and public institution lobbies - nightclubs, restaurants, and cafés - laboratories - darkrooms, photography, radiology, operating, and examination rooms - machine rooms - factories (industrial sections) - hangars - warehouses - poultry and livestock farm buildings - commercial premises - offices belonging to these sectors, halls, and rooms - offices in hotels and hospitals.
  2. 2)Rooms resulting from the subdivision of areas by glass partitions shall not be considered rooms requiring a right of light, provided the transparent area is not less than sixty percent (60%).
  3. 3)The parts previously mentioned in paragraphs (1) and (2) and rooms in buildings similar in use to the rooms and parts listed above, which by their nature do not require a view, their ventilation method shall be defined by decree upon the proposal of the Minister of Public Works and Transport.
ARTICLE 12

Building Setbacks

Subject to the setback easements imposed and which may be imposed subsequently under regulations enacted by decrees in the Council of Ministers, buildings must be constructed: 1- Along international, main, secondary, and local roads: In accordance with the setback imposed under their specific setback decree. 2- Along internal roads: In accordance with the setback imposed from the property boundary under the zone regulations in regulated areas, provided it is not less than four and a half metres from the road axis where the road width is less than six metres, and three metres in unregulated areas. 3- Along railways: Behind a line three metres at least from the railway property boundary. 4- Along enclosed channels: In accordance with the setback imposed from the property boundary under the zone regulations, with a minimum of two metres from the property boundary. 5- Along natural winter watercourses: Behind a line four and a half metres from the watercourse boundary. 6- Along rivers: Behind a line ten metres /10m/ from the river channel boundary, unless the specific zone regulations provide otherwise. 7- From the boundaries of other public properties: Behind a line three metres /3m/ at least outside the boundaries of the city of Beirut, and two metres inside it, from the boundaries of public properties.

ARTICLE 13

Special Easements

First - Special Conditions for the Rights of Persons with Disabilities: All buildings must comply with the provisions of Law No. 220 dated 29/5/2000 relating to the rights of persons with disabilities and all implementing decrees issued thereunder.

Second: Special Easements for Public Safety, Health, and Architectural Views: 1- A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning may impose conditions and principles for studying the structural soundness of buildings and the use of various building materials, and impose special conditions for protecting buildings from fire hazards or for buildings to withstand the consequences of natural factors such as earthquakes and similar events, and prohibit the use of certain materials in construction or impose additional conditions regarding the possibility of their use if they constitute a risk to public safety and health.

Pending the issuance of public safety decrees containing special seismic specifications, buildings with more than three floors or a height exceeding ten metres above ground level must adopt a seismic design, with the seismic factor (Seismic Perimeter Zone) used in analysis and design not less than /0.2/, or equivalent to (Zone 2 B) of the U.B.C.

A decree issued in the Council of Ministers upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the types of projects requiring a technical review office, the conditions and stages to be adopted for technical review offices, and the competencies of these offices.

A further decree shall also be issued upon the proposal of the Minister of Public Works and Transport and the competent minister, defining the setbacks imposed on categories of public projects related to public safety (power transmission lines, etc.).

2- Special additional conditions relating to public safety, health, architectural views, Lebanese technical specifications, and the provision of additional facilities commensurate with the importance of the building shall be imposed on certain buildings.

The buildings and special conditions referred to above shall be defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

The stages of building construction, occupation, and demolition where required must observe the principles of environmental protection and the sustainable use of its natural resources (water, air, land, and living organisms) as defined by Law No. 444/2002 (Environmental Protection).

3- The building permit may be issued subject to compliance with special conditions, and may be refused if the buildings, having regard to their locations, sizes, and external appearances, and the structures intended to be constructed or altered, are likely to harm public health and safety, natural landscapes, the environment, or architectural views, or if these buildings impose on public communities the implementation of new facilities.

4- The permit applicant may, upon being granted the permit, be required to carry out various works pursuant to the special conditions referred to in the preceding paragraphs, in particular road networks, water networks and their connection to the public network or construction of a tank for collecting winter rainwater for domestic use, disposal of used water (connection of the building to the public sewage network where it exists, or construction of a sanitary pit of appropriate design and size for the building's needs, or construction of a treatment plant in accordance with the conditions and specifications defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning), lighting, arrangement and equipping of areas designated for playgrounds, parking, open or planted spaces or planting new trees, contribution either in cash or by providing lands free of charge to provide public facilities related to the needs of the buildings intended to be constructed, which become necessary once these buildings are built.

These special conditions shall be specified in the building permit and expressly stated in the decision to grant it, and the occupancy permit (habitation) shall only be issued after the permit holder has fulfilled the imposed obligations.

When the authority responsible for issuing the building permit considers that the permit must be subject to special conditions not defined by the technical approval, or considers that the special conditions that have been defined are inappropriate, the authority responsible for issuing the permit shall be bound by the decision taken by the Higher Council for Urban Planning in this regard.

Urban planning studies and building conditions in regulated and unregulated areas, approved by a decision of the Higher Council for Urban Planning, shall become binding on the authority responsible for issuing the building permit, insofar as they do not exceed the conditions of the approved regulations, provided that the planning decree is issued within three years from the date of the decision.

5- The building permit may be refused or may only be issued under conditions specified in the technical approval of the permit if the properties subject to the application are located in areas where buildings and their occupants are exposed to risk such as floods, landslides, or subsidence.

These areas shall be defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning. The permit application shall not entail any compensation of any kind in the event of its refusal or as a result of imposing conditions that generate additional costs for the beneficiary.

6- When the building permit is refused or issued subject to compliance with special conditions under paragraphs /3/ and /4/, the permit applicant, if he considers the special conditions to be unlawful, excessive, or inappropriate, may refer the matter to the Minister of Public Works and Transport within three months from the date of being notified of the decision.

The Minister of Public Works and Transport shall decide on the matter after consulting the Higher Council for Urban Planning. This shall not preclude judicial remedies available to the permit applicant and to the authorities responsible for issuing the building permit.

ARTICLE 14

Surface Exploitation Ratio and General Exploitation Factor

First: The surface exploitation ratio is the ratio between the horizontal footprint area of the building and the area of the property. The general exploitation factor is the ratio between the total floor area of the building across all floors counted in the exploitation and the area of the property.

The surface exploitation ratio and the general exploitation factor shall be calculated on the basis of the property area after the approved plan, disregarding any easement rights in favour of adjacent properties. Where all exploitation factors in a property have been exhausted, no construction may take place on any severed part thereof regardless of the reason for such severance, even if in execution of an approved plan.

Where there is an approved plan over a built property in which exploitation factors have not yet been fully exhausted, construction on the remaining parts thereof may only take place within the remaining exploitation of the property after the severance, provided the part on which construction is to take place is suitable for construction as an independently existing property.

Second - Parts of Buildings Whose Area Is Not Included in the Calculation of the General and Surface Exploitation Factors and Number of Floors under Certain Conditions Defined by Decree:

1- The area of balconies, loggias, unclosed terraces, and roofed unclosed open spaces up to a total not exceeding 20% (twenty percent) of the designed general exploitation area throughout the building, provided the area of balconies on any floor does not exceed 25 (twenty-five percent) of its designed area, in all buildings, except industrial buildings where the area of balconies must not exceed 5% (five percent) of each floor's area.

Screens made of movable transparent uncoloured material panels placed on balconies shall be considered traditional screens and do not require any permit or declaration.

The following shall be included within the balcony area referred to above: - Technical areas for floors. - Access corridors to the servant's room, laundry room, and pantry, each not exceeding eight square metres. - Roofed passages connecting different buildings in the project, provided their clear width does not exceed 2.50m (two and a half metres), their height does not exceed the floor height and is not less than 2.20m (two metres and twenty centimetres), and their number does not exceed two, one of which in the upper floor, subject to the approval of the Higher Council for Urban Planning for the upper passage.

2- The area of basement floors whose slab soffit level (underside of concrete) does not exceed one metre above: - Any point above the level of natural or improved (levelled) ground on all internal sides. - The level of the line parallel to the road or pavement where one exists, which rises by one metre, for front façades. - As for the side adjacent to properties with an unspecified number of floors, the ground level of these adjacent properties shall not be taken into consideration, provided the number of exposed basement floors does not exceed two and the external height of the exposed part does not exceed /5m/ (five metres), on condition that the two said floors are allocated for building services and remain as shared parts upon subdivision of the building.

The following basement floors are not included in the exploitation factor calculation: a- In all zones: Floors or parts of basement floors located within the setback from the property boundary, unless the specific regulations provide otherwise, regardless of their area, if they are designated for use as vehicle parking, storage areas for building services, or machinery belonging to building services such as heating and cooling. Floors or parts of basement floors designated for other uses than the three preceding uses whose total area does not exceed fifty percent (50%) of the permitted general exploitation factor in the zone, and any excess shall be included in the general exploitation factor, except for hotels, hospitals, and tourist establishments whose nature requires more basement floor area.

b- The Exposed Basement Floor: - In zones where the number of floors or maximum height is specified: The exposed basement floor constructed within the maximum permitted surface exploitation ratio, whose roof height does not exceed three and a half metres from the lowest point of the levelled ground, and whose slab soffit level (concrete) does not exceed one metre at the level of one of the façades, provided the horizontal area of natural or levelled ground alongside the façades is not less than two metres. - In zones where the number of floors is not specified: Where basement floors are backfilled from at least one side and exposed from one or more sides, an area equivalent to four times the depth of the height per floor shall be included in the general exploitation factor calculation for each exposed side.

3- Projections designed for decoration and crowning elements, sun-breakers, cornices, canopies, and cladding thickness.

4- Rooms designated for electrical transformer stations: Provided they comply with the plan approved by the competent electricity authority, are located outside the legally required setback boundaries except for access hatches, and do not obstruct rights of way, parking, or rights of light.

5- Roof tile capping sections and insulation works: Waterproofing and thermal insulation works not exceeding fifty centimetres /50 cm/ in height, and roof tile capping, shall not be included in the calculation of the surface exploitation ratio, general exploitation factor, maximum height, and number of floors, subject to their conditions being defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

Splitting the capping into different parts shall be prohibited; it must be registered as shared parts of the building.

6- Area of transparent roofs for atriums: Shall not be included in the surface exploitation ratio and shall be counted once in the general exploitation factor regardless of height.

Transparent roofs in this case shall not be considered as obstructing the provision of rights of light, subject to the approval of the Higher Council for Urban Planning in accordance with conditions defined in the implementing decree.

7- External wall area: Where a double wall for insulation exists, the area of external walls (including insulation thickness where present), ranging between twenty-two centimetres /22 cm/ and thirty-five centimetres /35 cm/ in thickness, shall not be included in the surface exploitation ratio and general exploitation factor, and any excess shall be included in the surface and general exploitation factor calculation.

The specifications of the double wall shall be defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

8- Staircase and elevator: The area of the main staircase and elevator for each building or block shall not be included in the surface exploitation ratio and general exploitation factor, provided the area does not exceed /20 m²/ twenty square metres, to which /6 m²/ six square metres per additional elevator is added, and any excess shall be included in the surface exploitation ratio and general exploitation factor. Similarly, the area of the disabled access staircase where present shall not be counted, provided it does not exceed /15 m²/ fifteen square metres, and any excess shall be counted within the balcony area.

Third - Parts of Buildings Not Included in the General Exploitation Factor and Number of Floors Calculation under Certain Conditions Defined by Decree:

  1. 1)The area of staircase and elevator cages, water tanks, technical installations, and building-service equipment erected above the last floor slab.
  2. 2)The area of the caretaker's dwelling up to thirty-five square metres /35 m²/ on the ground floor or between the ground and first floors for each block, regardless of the nature of other structures therein.
  3. 3)The area of mezzanines: constructed above laundry rooms - ironing rooms - pantries - servants' rooms - bathrooms - toilets - staircases - internal corridors, apartment entrances - kitchens.
  4. 4)Mezzanines constructed within storerooms and showrooms on floors, provided their area does not exceed two-thirds of the area of these spaces and they have no external entrance.
  5. 5)The area of floors and parts of technical installations that must remain within shared parts upon subdivision of the building, including:
  6. 6)The floor or part of a floor used as a technical floor, provided its clear height does not exceed /1.90 m/ one metre and ninety centimetres.

More than one technical floor may be constructed in buildings with more than twelve floors in height, provided a technically justified study is attached to the building permit application and the approval of the Higher Council for Urban Planning is obtained.

b- Areas used for technical equipment within light wells, as well as corridors and staircases within light wells containing technical equipment, subject to compliance with public safety conditions.

  1. 1)Pilotis floor area:
  2. 2)Constructed within the horizontal footprint of the largest upper floor, as follows:
  3. 3)Constructed either above backfilled basement floors or directly on natural ground, or at the level of the road adjacent or abutting the building facing it, with a tolerance of one metre maximum above or below road level, subject to the possibility of constructing any structures between the building and the road.
  4. 4)Within the pilotis and with an area not exceeding 5% (five percent) of the general exploitation ratio, a staircase and elevator cage, a closed entrance, a caretaker's dwelling, electricity and water meter rooms, a waiting area, a residents' meeting room, and a small building service storeroom not exceeding four square metres (4 m²), together with all other non-rentable uses, may be constructed for each main staircase. Any excess shall be counted in the general exploitation factor without being counted in the number of floors if the floor contains no other uses.

The contents of these parts of the pilotis floor shall be prohibited from being subdivided into different private parts; they must be registered as shared parts of the building.

c- The height of the pilotis floor shall be included in the calculation of the total building height, provided this height does not exceed three and a half metres, and may be exceeded up to /4.50m/ four and a half metres only in buildings that fulfil the conditions for constructing a technical floor without benefiting from said floor, on condition that the excess in the pilotis floor height is allocated to technical installations.

2- Constructed within the maximum permitted surface exploitation ratio intended for the required guard post, provided the clear height does not exceed two metres and thirty centimetres (2.30m) and the roof is not used for any purpose.

Fourth - The provisions of the above article shall apply to all new buildings and those not yet holding an occupancy permit. In the case of an application to add building area to an existing building holding an occupancy permit, the above provisions shall apply only to the added parts.

ARTICLE 15

Structures Permitted within Legally Imposed Setbacks

First - Within Setbacks from Road Boundaries, Road Plans, and Public Properties: Construction of underground, ground-level, or elevated structures of any material, whether roofed or unroofed, closed or unclosed, is prohibited. The installation of vehicles and trailers used for non-transport purposes is prohibited, except for caretaker's rooms, boundary wall guards, canopies, balconies, retaining walls, and buttresses, whose conditions shall be defined by decree upon the proposal of the Minister of Public Works and Transport.

Second - Within Setbacks from Adjacent Property Boundaries: Subject to the regulations and easements imposed in the zones, the construction of basement floors whose slab soffit level (concrete) does not exceed one metre above the level of natural or levelled ground shall be permitted.

The construction of retaining walls for natural ground of any height, and retaining walls for legal fill not exceeding two metres in height shall be permitted. The projection of certain protection, decorative, and ornamental structures whose conditions shall be defined by decree upon the proposal of the Minister of Public Works and Transport shall also be permitted.

ARTICLE 16

Large Complexes

The following building projects shall be considered large complexes for the purposes of this law, where they meet the following conditions:

  1. 1)They must be designed on a property whose area is not less than ten times the minimum subdivision area in the zone, with a minimum of four thousand square metres /4,000 m²/ in governorate centres and twenty thousand square metres /20,000 m²/ outside them.
  2. 2)A proportion of not less than twenty-five percent /25%/ of the property area must be designated for equipping and using as gardens or sports grounds, and ten percent /10%/ of the property area must be counted in the general exploitation factor calculation when the area exceeds ten thousand square metres /10,000 m²/.
  3. 3)They must be subject to a master plan submitted for approval by the Higher Council for Urban Planning, and special conditions relating to setbacks, architectural structures, public health and safety, and submission of a natural and environmental impact study, with special facilities (electricity, telephone, water, etc.) commensurate with the importance of the project. All of these shall be defined by decree issued in the Council of Ministers upon the proposal of the Minister of Public Works and Transport.

The construction of large complexes that meet the conditions defined above may be exempted from the application of the envelope lines provided in this law and from the surface exploitation, number of floors, and heights imposed in the zone regulations, where this results in distinctive architectural specifications for the project itself and for the area in which the property is located.

ARTICLE 17

Regulated and Unregulated Areas

Regulated areas for which easements for the surface and general exploitation ratio and factor, height, or number of floors have been defined, shall be subject to their specific regulations, with due regard to the provisions of Article Thirteen of this law. Unregulated areas awaiting planning shall be subject to building regulations according to their nature (summer resort, inhabited, uninhabited agricultural, valleys, etc.) to be defined by decree issued in the Council of Ministers after approval of the Higher Council for Urban Planning.

The establishment of classified non-nuisance and non-harmful industrial facilities of the second and third categories within unregulated areas shall be permitted after approval of the Higher Council for Urban Planning.

ARTICLE 18

Appearance and Structural Soundness of Buildings

1- Insurance against the risk of partial or total collapse or obvious imminent collapse shall be progressively imposed in all buildings subject to mandatory technical audit in accordance with the conditions for safety insurance in buildings, with the insurance valid for ten years from the date on which the technical auditor issues a final report certifying that the building or structure has been completed correctly without fundamental reservations.

2- A decree issued in the Council of Ministers upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the types of projects subject to mandatory technical audit, their conditions, and the stages to be adopted to obtain insurance to guarantee the safety of the building.

3- Building permit applications must be accompanied by a soil investigation report issued by an office specialised in soil boring, in accordance with the engineers' syndicate regulations on this matter, approved by the Higher Council for Urban Planning.

4- The construction of buildings in the form of a bridge over roads is prohibited unless the approved zone regulations so provide, or in exceptional cases justified by aesthetic architectural views, in which case the exception shall be granted by decree issued in the Council of Ministers upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

5- The shape and colours of façades and boundary walls must be harmonious with the surroundings, and the competent technical authorities shall have the right to assess this when granting the permit.

6- Owners may be required to construct boundary walls facing the road, and if they refuse, the municipality may, after notifying them, construct the said boundary wall at their expense.

7- Owners must maintain the cleanliness of the façades of their buildings and their other parts, and must when required paint, tile, plaster, or renovate them. If they refuse, the municipality may, after notifying them, carry out the said work at their expense.

8- The owner must always ensure the maintenance of his built properties and the stability and structural soundness required for them, to preserve the safety of occupants and neighbours. Whenever required or upon request by the municipality based on consultation with the competent technical authorities, he must commission one or more engineers to inspect the building, verify using technical means and observation, and submit a detailed report on the condition of the building.

If the engineer finds that the building or its parts show signs of weakness, he must indicate in his report the cause of this weakness, its potential consequences, and propose the works to be carried out with a statement of their urgency. If the engineer's report reveals that the stability or structural soundness of the building is impaired, the owner must, under the supervision of a registered engineer, carry out the necessary temporary shoring and stabilisation works, and notify the municipality, Governor, or Qaimmaqam outside the municipal perimeter of what has been done. He must then take the necessary measures after agreement with the building's occupants or recourse to the urgent courts, where required, to carry out the final strengthening works after obtaining the permit in accordance with proper procedures.

Upon completion of the work, the engineer shall prepare a report on the works carried out, indicating the new condition of the building.

9- Where a risk of collapse appears in the building, the owner is obliged to carry out the necessary reinforcements without delay at his expense and responsibility, and must immediately notify the municipality, Governor, or Qaimmaqam where there is no municipality, which in turn shall notify the competent technical authorities.

10- Where a building, wall, or similar structure is threatening collapse and its continued existence poses a risk, and the owner fails to fulfil his obligations either because he is unable to carry out the necessary reinforcement works or because he refuses to do so, demolition must take place within a period of not less than fifteen days and not more than two months, and the relevant municipality may evacuate the building of its occupants.

If the owner cannot be notified, or if he refuses to receive the demolition notice, a statement of fact must be prepared by municipality officials or the Mukhtar where there is no municipality. In this case, a copy of the demolition notice shall be posted on the building to be demolished and another copy on the door of the municipality centre, the governorate centre, or the Qaimmaqam centre outside the municipal perimeter.

The demolition period shall begin from the date of serving or posting the demolition notice. If the period expires and the owner does not comply with the administration's orders, the municipality shall proceed to carry out the demolition at his expense, and may dispose of the resulting rubble to recover costs.

In cases of extreme urgency requiring demolition of a building based on a report by the technical departments, which must itself be based on a report by a commissioned expert engineer, the notice period may be reduced to one day, in which case the provisions of this paragraph must be cited in the demolition notice.

11- A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning may impose special conditions for the form, external appearance, and materials used in buildings with respect to building and renovation permits in certain areas.

12- The creation of covered passages and pavements within buildings for public use may be imposed, whose conditions and specifications shall be defined by decree issued in the Council of Ministers upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

ARTICLE 19

Garage

First: General Provisions: The construction of a garage for vehicle parking in buildings to be erected in all zones is mandatory.

The garage must appear for each part of the building on the permit plans, and this garage is considered an inseparable part of the section of the building to which it belongs (residential apartment, shop, office, or professional premises, etc.) upon lease, subdivision, or sale of that section. Where the building design, column layout, or walls in the areas to be designated as garage prevent the entry or accommodation of the required number or part of the required vehicles, the competent technical authority may request a redesign of the building or relocation of columns and walls to provide the required mandatory garage for the full exploitation of the property, even if the permit application covers only part of this exploitation.

The permit application for the construction of a building or group of buildings requiring more than fifty parking spaces, and buildings with public use, must include a Traffic Impact Study and methods for addressing these variables.

Second: Substitution of the Garage: 1- Some buildings may be exempted from the requirement to provide a garage where there is an absolute technical impossibility preventing its construction, provided that a special fee is imposed in such cases, to be collected by the municipality, governorate, or Qaimmaqam office outside the municipal perimeter.

A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the cases allowing certain buildings to be exempted from the garage and substituted by payment of the required fees, and shall likewise define the required number of parking spaces according to the building's use, the conditions and specifications of the garage, the details of incentive elements for buildings or parts of buildings constructed and operated as collective parking in the building in addition to what is legally required, and the penalties applicable when a garage is not provided.

The garage substitution fee shall be determined by a decision of the Higher Council for Urban Planning based on the cost of its roofed construction at 25 m² per vehicle, taking into account the cost per square metre of the property land and the general exploitation factor in the zone, and shall apply for subsequent years throughout Lebanese territory unless another measure is issued.

2- Upon issuing the prior permit, where there is a technical impossibility preventing construction of the garage and requiring its substitution by a special fee, the authority that issued the permit shall request the competent land registrar to register a note on the in-rem register of the property to the effect that the current owner has the right, at his expense, to the number of vehicles for which the substitution fee has been paid. This note shall remain in force until the garage situation is settled between the permit-granting authority and the owner.

A special account for the garage shall be established in the public treasury for the benefit of each municipality, with the revenues of this garage exclusively allocated to the construction of collective parking facilities or the regularisation of the situation of those who have not been provided with parking.

Garage revenues and related subsidies shall be deposited in this account, subject to a decree issued in the Council of Ministers upon the proposal of the Ministers of Finance and Interior and Municipalities defining the procedures for the garage account and the method of financing each municipality's parking facilities, provided the expenses of each municipality do not exceed its revenues from the garage fee or collective parking.

The property owner who has paid the garage substitution fees, if the competent authorities do not proceed within a maximum period of eight years from the date of collection of the fees to provide a garage, shall be entitled to recover the amounts paid and the vehicle substitution note registered on the in-rem register of the property shall be cancelled, provided the required approvals in accordance with the provisions of this article are obtained.

The payment of the said substitution may be replaced by purchasing vehicle spaces in other properties or buildings that include additional spaces or a collective public garage within a radius of 500 metres, in accordance with conditions defined by decree upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

3- No complex of buildings comprising more than one building in a property may be exempted from the requirement to provide a vehicle garage. Therefore, in such case, the garage cannot be substituted by payment of the fee.

Third: In Legally Existing Buildings (Licensed or Where Building Violations Have Been Regularised):

  1. 1)Upon a request to change the use of legally existing buildings partially or wholly to a use permitted under the zone regulations, or upon amendment of the number of units comprising them, the number of additional vehicle spaces required for the amended parts shall be defined in accordance with conditions defined by decree issued in the Council of Ministers upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.
  2. 2)No parking space is required in legally existing buildings (licensed or regularised) upon a request for amendments thereto without increasing the number of units and without changing the use.
  3. 3)Upon licensing an addition to a built property, whether the addition is above the existing building or on an unbuilt area of the property land, the vehicle spaces required for the added building only shall be provided in accordance with the building regulations or applicable laws at the date of granting the permit for the building addition.

Fourth: Additional and Collective (Public) Garage: 1- Additional Garage: - Where an additional garage is provided in excess of the legally required garage, the area of the additional garage equivalent to twenty-five square metres /25 m²/ per additional vehicle accommodated therein, up to a maximum equal to the area of the legally required garage, shall be exempted. An area equal thereto from the legally required garage shall similarly be exempted from building permit fees, and registration on the property register that the use of this part of the building is as an additional vehicle garage shall be imposed. - The additional garage may be provided in basement floors and within the open spaces of the property land. The owner may, if desired, provide the additional garage in the pilotis floor and also in the upper floors of the building without counting this additional garage in the general exploitation factor and number of floors, subject to compliance with the envelope line and height imposed in the zone regulations.

2- Collective Public Garage: - A building exclusively designated as a collective public garage may be licensed on properties with an area not less than one thousand square metres, and a part of the building may be designated for commercial use, provided the number of vehicle spaces designated for public use is not less than one hundred vehicles. - The area of the building or part of the building designated as a collective public garage shall not be included in the general exploitation factor and surface exploitation ratio, provided the legally required setbacks and envelope line are respected. The exemptions set out in paragraph Fourth - paragraph /1/ above of this article (Additional Garage) shall apply to the collective garage.

The owner of a property built as a collective public garage may transfer three-quarters of the general exploitation factor credit (unused for commercial construction) to another property or other properties within the same cadastral area and the same easement zone, subject to compliance with the remaining building permit conditions in the property or properties to which the general exploitation factor credit has been transferred, including the envelope line.

No more than twenty percent (20%) of the exploitation factor of any property in the same cadastral area and easement zone may be transferred thereto, subject to the approval of the Higher Council for Urban Planning for the proposed location of the increase.

Notwithstanding any other provision, the occupation of non-maritime public properties belonging to the State and municipalities for the purpose of constructing public parking facilities and operating them for a specified period may be licensed by contracts concluded by the competent minister following a public tender, defining the duration of occupation, the fees due, and the occupant's rights in the event of cancellation of the occupation licence. These contracts shall be ratified by decrees issued in the Council of Ministers upon the proposal of the competent minister.

With due regard to the general provisions of Articles Fourteen and Nineteen of this law concerning garages and basement floors, buildings exceeding fifty metres /50m/ in height and large complexes shall benefit from an increase in the general exploitation factor if the building or complex owner provides an independent additional garage with its own entrance and exit directly connected to the public road, accommodating at least fifty vehicles in independent spaces, with the ownership of this garage registered in the name of the competent municipality.

The increase in the general exploitation factor shall be set at twelve square metres /12 m²/ per vehicle space, provided this increase does not exceed one thousand five hundred square metres /1,500 m²/ regardless of the number of spaces in the additional garage, and ten percent /10%/ of the general exploitation factor, with no more than two additional floors at most and subject to the approval of the Higher Council for Urban Planning.

The management regulations for parking facilities shall be defined by decree issued in the Council of Ministers.

Where it is impossible for a tourist establishment to provide a legally required garage in buildings existing at the date of this law's entry into force, the tourist establishment occupying the existing building or any part thereof may pay an annual garage fee for the benefit of the municipality at a rate of five percent /5%/ of the garage fee value determined in accordance with the valuations adopted under the applicable regulations.

The provisions of the first paragraph shall apply to tourist establishments that will occupy buildings or parts of buildings existing at the date of this law's entry into force, provided these buildings are legally licensed and not in violation of the applicable building laws.

3- General Conditions: - The clear height must not exceed two metres and fifty centimetres (2.50m) under the roof and two metres and twenty centimetres (2.20m) under hanging beams. - The permit application for the construction of a collective public garage must include a Traffic Impact Study and methods for addressing these variables. In the case of a collective garage, a detailed façade study of the building must also be submitted.

In the event of a change in the use of the additional garage or collective public garage, the structures licensed for this purpose shall be considered illegal and the State or municipalities may demolish or confiscate them.

Spaces designated as additional parking or collective public garages may be sold or leased without the possibility of changing their use. In the event of a change in the use of the garage (additional or collective public), the structures licensed for this purpose shall be considered illegal and the State or municipalities may demolish or confiscate them.

ARTICLE 20

Clear Height under the Ceiling

A decree issued upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning shall define the minimum and maximum clear heights under the ceiling for the various types of rooms and buildings according to their intended use.

ARTICLE 21

Change of Building Use *

The change of use of the garage specified at the time of licensing is prohibited for any reason whatsoever.

In the case of a total or partial change in the use of the building to another use permitted in the zone, if the new use requires a larger garage than the area designated as garage for the original use, the owner must either provide the additional garage or pay the substitution fee for the unprovided part of the garage equivalent to the actual construction costs, calculated in accordance with Article Nineteen above, and the change of building use and all consequences thereof shall be considered void if the necessary additional garage is not provided or the substitution fee paid.

Section 3

Penalties

ARTICLE 22

Building Violations Requiring Removal *

If violations requiring removal occur in the building during the period between the date of the permit and the date of obtaining the occupancy permit (habitation), the responsible engineer must withdraw his undertaking immediately upon occurrence of the violation and notify the property owners or their legal representatives and the engineers' syndicate, and must warn the owner to demolish the violation in the event of refusal. The president of the engineers' syndicate must notify the competent technical authority and the relevant municipalities by registered letters with acknowledgement of receipt:

1- If the responsible engineer who signed the permit fails to withdraw his undertaking and notify the relevant engineers' syndicate, the Urban Planning Directorate, the regional governorate, or the head of the executive authority in the relevant municipality must report the first violation within one month from the date of the violation to the president of the relevant engineers' syndicate, who must as a minimum direct a warning to the engineer and/or take the possible measures and disciplinary sanctions in accordance with the provisions of the Professional Practice Law No. 97/636.

2- In the event of recurrence, and after the syndicate president has been notified as set out in paragraph (1) above, the syndicate president shall have the authority to suspend all technical transactions of the engineer at the syndicate for a period ranging from three to six months depending on the gravity of the violation, and/or take the possible measures and disciplinary sanctions in accordance with the provisions of the Professional Practice Law No. 97/636, within one month from the date the syndicate president was notified of the recurrence of the violation.

3- In the event of a third recurrence, the engineer shall be disqualified by decision of the Minister of Public Works and Transport, upon request by the Director General of Urban Planning, the regional Governor, or the head of the executive authority in the relevant municipality, from all contracts concluded by administrations, public institutions, and municipalities, in addition to the administrative measures that may be taken against him before State departments, which may be included in this decision, within one month from the Minister of Public Works and Transport's receipt of the request.

In this case, the disciplinary board of the relevant engineers' syndicate shall have the authority to take the most severe measures where required, within a maximum period of three months from the date of notification of the violation by the Director General of Urban Planning, the regional Governor, or the president of the relevant municipality, accompanied by a report from the head of the authority granting the technical approval for the permit.

The implementing contractor shall be subject to equipment confiscation and the penalties applicable to the offending owner, and may be temporarily or permanently disqualified from all contracts concluded by administrations, public institutions, and municipalities by a decision issued by the Minister of Public Works and Transport upon request by the Director General of Urban Planning, the regional Governor, or the president of the relevant municipality.

The investigation conducted on the permit application and the building designs, as well as the monitoring carried out by the administration during permit implementation, shall not impose liability on the administration for violations.

ARTICLE 23

Stopping Unlicensed or Undeclared Works *

Any excavation, construction, renovation, or alteration commenced without a permit or declaration insofar as the work is subject to a permit or declaration, or carried out contrary to the permit or declaration receipt, shall be stopped by operation of law, and a violation report shall be drawn up against the owner and the person responsible for execution. The stakeholder must immediately apply for a permit or declaration as required.

If it appears that the works do not conflict with the plan or the legal conditions, the permit or declaration receipt shall be issued with the imposition of a fine equal to twice the value of all fees due for the part that has been completed. A building whose roof has been poured shall be considered complete.

The fine and fees shall be considered a preferential debt on the property, and a clearance certificate from the municipality shall only be issued after their full payment and regularisation of the violation.

The owner of works that conflict with the plan or that violate the applicable building laws and regulations must demolish them. If he fails to do so, the administration shall carry out the demolition at his expense and responsibility, and the costs shall be recovered from him through State and municipal fee collection procedures. The violation report must precisely identify the location and nature of the violation, the date of its occurrence, and the stage reached by the offender at the date of drawing up the seizure report.

The violation shall be registered, upon application by the municipality or the competent technical authority, on the in-rem register of the property, and shall only be cancelled after regularisation of its situation or its removal.

ARTICLE 24

Penalty for Violation of the Law's Provisions *

The responsible party who violates the provisions of this law and the texts adopted for its implementation shall be punished with a fine of /2,000,000/ (two million Lebanese Pounds) to /100,000,000/ (one hundred million Lebanese Pounds).

The offender who continues work after having been stopped shall be punished with a fine of /4,000,000/ (four million Lebanese Pounds) to /200,000,000/ (two hundred million Lebanese Pounds) and imprisonment from one week to 15 days, or either of these two penalties, provided this shall not prevent the removal of the violation where required.

Section 4

General Provisions

ARTICLE 25

Scope and Procedures for Application of the Law's Provisions *

With due regard to the provisions of Article Eleven of this law concerning the extent of rights of light, the provisions of the Building Code shall apply within the boundaries of each property individually or group of adjacent properties that cannot legally be consolidated, provided that it has been noted on the in-rem register of each property comprising them that they form an indivisible real estate unit. If the adjacent properties can legally be consolidated, they must be consolidated to become one property.

ARTICLE 26

Repealed Provisions *

The Building Code issued by Legislative Decree No. 148 dated 16/9/1983 and Legislative Decree No. 45 dated 23/3/1985 shall be repealed, as shall any general and special provisions conflicting with the provisions of this law.

The implementing decrees and decisions attached to Building Code No. 83/148 dated 16/9/1983, repealed under this article, shall remain in force until the implementing decrees and decisions attached to this law are issued, insofar as they do not conflict with the content of this law.

ARTICLE 27

Right of Option Granted to the Permit Holder *

The holder of a permit granted prior to the issuance of this law shall have the right to choose between implementing it or amending it in accordance with the provisions of this law or the laws in force at the date of obtaining the permit.

ARTICLE 28

Deadline for Issuing Implementing Texts *

Within six months from the date of this law's entry into force, and with the exception of those whose issuance by decree in the Council of Ministers has been specified, all implementing texts including detailed drawings shall be issued by decrees adopted upon the proposal of the Minister of Public Works and Transport after consulting the Higher Council for Urban Planning.

ARTICLE 29

Entry into Force *

This law shall enter into force upon its publication in the Official Gazette.