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)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)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)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.