When a crack appears in a new building, or the roof leaks in its first winter, the first question is always: whose fault is it? The architect says the drawings were right, the builder says he built to the drawings, and the supervisor says he filed his report. All three may be telling the truth — and the owner is left standing between three answers.
The answer is not in your contract, or at least not only there. It is in a forty-article bylaw few owners have read: the Executive Bylaw of Article 33 of Iran’s Engineering and Building Control Act, approved by the Cabinet in 2004 (1383 SH). The same rules appear in Part 2 of the National Building Regulations (Administrative Rules). This article explains the roles from that text.
Sources: Executive Bylaw of Article 33 — Majlis Research Center; full text on Ekhtebar (Persian)
Four roles at a glance
| Role | Main job | Who appoints them | Basis |
|---|---|---|---|
| Designer (architect and other engineers) | Prepares the drawings and signs them within their licence | The owner, by contract | Articles 5–7 |
| Supervisor (nazer) | Checks that construction matches the permit and drawings; certifies completion | The provincial Engineering Organization | Articles 21–25 |
| Licensed builder (mojri) | Builds, and is responsible for the correctness of all construction work | The owner, by contract; named on the permit | Articles 9–19 |
| Contractor (peymankar) | Does whatever the contract says — the whole job or part of it | The owner or the licensed builder | Not defined in this bylaw |
Sources: Executive Bylaw of Article 33; National Building Regulations Part 2, section 2-5 “Supervisor” (Persian)
The last row is the most important point in this article. But first, the three roles the law does define.
The designer: whoever signs the drawings
What we casually call “the architect” the bylaw calls the designer — and it is not only the architect; structural, electrical and mechanical engineers are designers too. Under Article 5, all design must be prepared by “legal entities or qualified building design offices holding a practising licence”, and under Article 7 the municipality accepts only drawings the designer has signed and stamped “within the limits of their competence and capacity”.
So a designer’s signature is not decoration; it declares that the drawing falls within their licence. How to check that licence is in our guide to choosing an architecture firm.
A less noticed detail: the bylaw puts a safety catch between designer and builder. Under Article 14, the licensed builder must “review all drawings before construction and, if a problem is found, notify the designer in writing” with proposed corrections. A builder who quietly builds a flawed drawing has skipped that duty.
The supervisor: independent eyes — whom you do not choose
Many owners think of the supervisor as “their engineer”. The bylaw says otherwise. Under Article 24, the supervisor “is selected by the provincial Building Engineering Organization when the building permit is issued, and introduced to the owner and the permit authority”.
And Article 25 locks that independence in from both sides:
- the supervisor “cannot be the builder of all or part of the building under their supervision”;
- and “cannot establish any financial relationship with the owner, or act in a way that gives them an interest in the project”.
The same article adds one more sentence: “supervision of the building by its designer is permitted.” So the designer may also be the supervisor; what is forbidden is the builder supervising himself.
At which stages does the supervisor report?
Under Article 23, supervisors must report the end of each main stage to the permit authority:
| Stage | Meaning |
|---|---|
| 1. Foundations | Before the foundations disappear under soil and structure |
| 2. Structural frame | Columns, beams and slabs |
| 3. Shell work | Walls and substrate work |
| 4. Finishing | Facade, floors, plaster and final services |
| 5. Completion | Certifying that the building matches the permit and drawings (Article 22) |
Source: Executive Bylaw of Article 33, Articles 22 and 23
If a supervisor meets a violation during construction, they must report it to the permit authority and the Engineering Organization. And at the end, under Article 28, a building in which the supervisors find the National Building Regulations were not followed receives no completion certificate until the defect is fixed — why your villa is incomplete without one is covered in our completion certificate article.
So the supervisor does not represent you; they represent compliance. That works in your favour: someone whose fee does not depend on keeping you happy has no reason to overlook a problem.
The licensed builder: your technical representative on site
If the supervisor is not your representative, who is? Article 10 is explicit: “The licensed builder is the owner’s technical representative in constructing the building, and answers to the supervisor and other building control authorities for every stage of the work.” The builder holds a practising licence in construction and, under the note to that article, is named on the building permit.
Article 11 holds the bylaw’s heaviest sentence: the builder “bears responsibility for the correctness of all construction operations”. The bylaw then lists the rest, one by one:
- site safety and environmental matters (Article 12);
- coordinating with the supervisor, especially for “parts of the building that will be covered” (Article 13) — rebar about to be buried in concrete, or insulation about to disappear under a floor, cannot be seen afterwards;
- materials matching the drawings’ specifications, and certified where a mandatory standard exists (Article 16);
- preparing as-built drawings — architecture, structure and services as actually built — and handing one copy to the owner and one to the municipality (Article 17);
- quality assurance and, where required, a quality guarantee insurance policy in favour of the owner and later owners (Article 18);
- compensating damage caused by their work, once confirmed by the competent authorities (note to Article 19);
- putting up a project information board on the street before work starts; without it, the municipality stops the work (Article 39).
Take the as-built drawings seriously. Ten years from now, when you need to repair a pipe or remove a wall, they are what tell you what lies behind it.
Is a licensed builder mandatory?
Article 9 says that “all construction operations must be carried out by legal entities and building construction engineering offices as licensed builders” and that owners “are obliged to use such builders” — “according to the instructions issued” by the ministry. Under the note to Article 10, an owner who personally holds a construction licence need not submit a contract.
From which floor area and building group this is enforced in each city is set by those instructions, and has been debated repeatedly in recent years. In February 2024 (Bahman 1402) the head of Iran’s Building Engineering Organization said that “private-sector buildings are obliged to follow the engineering regulations, including qualified licensed builders.” Ask your own municipality or local Engineering Organization office about the exact position before you sign.
Sources: Executive Bylaw of Article 33, Articles 9 and 10; interview with the head of the Building Engineering Organization — Tahlil Bazaar, 25 January 2024 (Persian)
The contractor: a word the bylaw never uses
In all forty articles of this bylaw, the word “contractor” (peymankar) does not appear once. In market usage, a contractor is anyone who takes on work under a contract (peyman): the whole building, only the frame, or only the finishing. The bylaw itself expects the licensed builder to use other engineers, technicians, master craftsmen and workers (Article 15).
The practical result is simple: the responsibilities listed above — from site safety to as-built drawings — are written in this bylaw in the name of the licensed builder, not the contractor. So if you are signing a building contract with someone, the first question is: “Will your name be on the permit as the licensed builder?” If not, your relationship with them is exactly what your contract says — no more. So write that contract carefully.
If something goes wrong, what does the text say?
This table is not legal advice; it only shows which role the bylaw assigns to each situation:
| Situation | Under the bylaw |
|---|---|
| The drawings contain an error | The builder must notify the designer in writing before building (Article 14) |
| Construction does not match the approved drawings | Correct execution is the builder’s responsibility (Article 11); the supervisor must report the violation (Article 23) |
| A change is needed mid-construction | Written, reasoned notice to the owner, and “the supervisor’s written permission” (note to Article 14) |
| Non-standard materials were used | The builder’s responsibility (Article 16) |
| An accident on site | Site safety lies with the builder (Article 12) |
| No completion certificate is issued | Not until the supervisors confirm the regulations have been met (Article 28) |
Source: Executive Bylaw of Article 33 of the Engineering and Building Control Act
Read the third row again. “Let’s just move this wall” is one of the most common sentences on any site — and it is exactly where many extra building costs begin. The bylaw gives it a route: in writing, with reasons, and with the supervisor’s permission. If the change goes beyond the permit, it leads to the Article 100 commission explained in our building permit article.
When one firm both designs and builds
The bylaw anticipates this too. Under Article 20, offices “able to design and build a project together” can ask the ministry for a design-and-build qualification. The advantage is clear: one party to the contract, and the people who drew the plan stand behind its construction.
At Charsou we both design and build. Even so, one role stays separate: the supervisor is appointed by the Engineering Organization and, under Article 25, cannot be the builder of the same building. In our view, that is the good part.
Five questions before you sign
- Who signs the drawings, and does their licence cover my building’s group?
- Who will be named on the permit as the licensed builder? If it is not the person you are contracting with, why not?
- How are changes during construction recorded? The right answer: in writing, with the owner informed and the supervisor’s permission.
- Who delivers the as-built drawings, and when?
- What quality guarantee is offered and, if it is required for your project, in whose name is the policy issued?
The full sequence, from design to handover, is in the villa design and construction process.
In short
The designer signs the drawings. The supervisor is appointed by the Engineering Organization and represents compliance. The licensed builder is your technical representative and is responsible for correct execution. And the “contractor”, as far as this bylaw is concerned, is only what your contract says.
Procedures and enforcement vary from city to city; this is not legal advice, and for a specific case you should consult a lawyer or an official expert. And if you have a villa ahead of you in Babol, Babolsar or Sarkhorud and want to know who holds each role in your project, get in touch.
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