of December 28, 2023 No. 434
The parliament accepts this code.
The town-planning and construction code (further - the code) establishes the single regulatory base for arrangement of the territory, town planning, permission and accomplishment of project and construction works, post-utilization of constructions, quality assurance of constructions, construction materials and products, implementation of the state control of respect for discipline in the field of arrangement of the territory and town planning and the mode of issue of permissions for construction of constructions, and also for uniform application of provisions of the legislation in the field of quality in construction in the territory of the Republic of Moldova, with observance of public concerns.
(1) This code regulates the following areas:
a) arrangement of the territory and town planning;
b) designing of constructions, construction works;
c) provision of permission to accomplishment of construction works;
d) construction of constructions, accomplishment of construction works;
e) operation of constructions;
f) post-utilization of constructions;
g) quality assurance of construction materials and products;
h) implementation of the state control in the areas provided by Items a) - g).
(2) Provisions of this Code are applied: to the parcels of land for the purpose of accomplishment of actions for arrangement of the territory and to town planning; to constructions and the equipment connected with constructions, irrespective of type of property or appointment, to accomplishment of construction works on new constructions, works on capital repairs, capital updating in sense of the Law on energy efficiency of buildings No. 282/2023, and works on reconstruction of the existing constructions, to performance of works on repair, strengthening, preservation, restoration, recovery of constructions with the status of monument (further - historical monuments).
(3) the allowing documents Provided by this code are issued by competent authorities without fail electronically by means of the Automated management information system and issue of allowing documents (further - AIS UPRD). At the request of the applicant the relevant allowing document can be issued and on paper.
(4) the Procedure for provision of permission, designing, construction, acceptance, operation and post-utilization of constructions of military or confidential nature is established by competent structures of the central bodies of public management in the field of defense and homeland security.
(5) the Procedure for provision of permission, designing, construction, acceptance, operation and post-utilization of constructions of diplomatic representations of foreign states in the Republic of Moldova is established by the central industry body of public management in the field of foreign policy.
For the purpose of of this Code the following concepts mean:
availability - set of measures and works on adaptation of the physical circle, transport infrastructure, and also the information and communication circle, including information and communication technologies and systems to needs of persons with limited opportunities and persons with limited mobility that is obligatory factor for ensuring realization of the rights and obligations of specified persons in society;
technical accident - the event which came in the course of construction or post-utilization of construction, and caused by the event which is out of control, or provoked by actions of the person (defects of the concept and/or defects of construction, the fires, explosions, blows, etc.), reflecting adversely on condition and safety of this construction;
nature protection permission - the allowing document issued by competent authority according to provisions of the Law on environmental impact assessment No. 86/2014;
the written consent of the owner of the parcel of land to receipt of permission to designing, construction licenses or permissions to demolition, required superfitsiary at the owner of the parcel of land (written consent of the owner) - consent allowing to receive allowing documents for designing, construction and/or demolition and respectively permitting to perform the corresponding works for which consent expressed in writing in the act of establishment of superficies or in the separate act and which contains without fail the provisions describing category, class, appointment, type and the maximum number of floors of future construction is issued.
In case of the property which is in property of the state, consent is issued by the Agency of state-owned property, in case of the property which is in property of administrative and territorial unit - primary the respective settlement if that consent was issued by local council for date of establishment of superficies, and in case of the property which is in private property of physical persons or legal entities - the actual owner;
reasonable adaptation - carrying out the necessary and proper changes and devices which are not requiring disproportionate or unjustified efforts if it is necessary in order that persons with limited opportunities could exercise all the basic rights and freedoms on an equal basis with other persons;
the administrator of the construction project - the physical person or legal entity given the right of planning, the organization and management of tasks and resources so that they completely provided implementation of the construction project;
the line of building - the conditional line established in documentation on town planning, designating space from the red line of the frontal line of facades of projectible buildings and the parcels of land; if the red line is not provided by the corresponding documentation, the line of building is established according to provisions of construction technical regulations;
arrangement of the territory and town planning - set of the socially significant complex actions promoting the balanced and sustainable space development, protection of natural, cultural and architectural heritage, improvement of living conditions in settlements and also to ensuring economic, cultural and territorial unity at the regional, national and European levels;
economic extension - structure permanent or temporality, intended for placement of the specific types of activity supplementing providing life of people which, being in close proximity to the dwelling, forms together with it separate functional unit. In the rural zone as a rule refer to category of economic extensions: summer kitchens, sheds for the cattle, sheds, warehouses, garages, greenhouses, swimming pools etc.;
quality assurance in construction - set of the planned and systematic actions necessary for confirmation of the fact that the product or service in the field of construction answer the specified quality conditions;
the construction license - the document issued by the issuer, to which is allowed accomplishment of construction works on the basis and in case of observance of provisions of the approved documentation on arrangement of the territory and to town planning and/or the town-planning certificate, and also developed and on circumstances of the checked project documentation;
permission to demolition - the document issued by the issuer to which performance of works on complete or partial demolition of construction/infrastructure facility is allowed;
the conclusion on connection - the technical conclusion issued by operators of engineering services, managing engineering networks for the purpose of establishment on circumstances of conditions for connection and/or expansion of new networks for transfer or reconstruction of the existing networks, with providing conditions of their designing and functioning in complex with new requests;
the beneficiary - physical person or legal entity which uses the project of construction, construction works, and also the completed and accepted constructions, construction works;
the specification on designing - written documentation in which the specifications on designing of constructions, construction works applied in construction technical standards and regulations, content and design stages, quality requirements of the materials specified in the project documentation and products, requirements to environmental protection, labor protection, to the used construction technologies, carrying out tests and testing, checks, changes etc. are in details stated;
the specification on construction - the written documentation separate or as component of tender documents in which specifications on accomplishment of construction works, quality requirements of the used construction materials and products, to equipment and the equipment, applicable technical standards and regulations, requirements to labor protection, environmental protection, to the used construction technologies and for circumstances to transport, to carrying out tests and testing, checks, inspections, changes, measurements, to maintenance etc. are in details stated;
quality of construction - result of set of operational indicators of behavior of the constructions in case of operation causing their compliance during all service life to the main requirements provided in Article 335;
the regulating nature - property of the approved documentation on arrangement of the territory and to town planning to order compliance to the certain parameters offered architectural, town-planning, technical and economic concepts;
directive nature - property of the approved documentation on arrangement of the territory and to town planning to establish general base for arrangement of the territory and town-planning development of settlements by means of coordination of specific actions;
the main characteristics - set of characteristics of construction materials or products which belong to the main requirements imposed to constructions;
the main requirements - set of requirements to safety of the constructions during all their lifecycle concerning health and safety of the participating persons;
town-planning requirements - set of provisions of the construction technical regulations in the field of town planning relating to placement of the constructions established in the approved documentation on arrangement of the territory and to town planning;
the information town-planning certificate - the document of optional nature issued by the issuer to the applicant for acquaintance with the provisions and components characterizing the legal, technical and architectural and town-planning modes of the construction/parcel of land established in documentation on arrangement of the territory and town planning, the document necessary in case of establishment of land relations, alienation, crushing, breakdown, consolidation, separation, inheritance of the site for construction or the real estate unit concerning which performance of works on reconstruction, and also in case of receivership proceeding is provided;
the town-planning certificate for designing - the document of the regulating and binding character issued by the issuer if prescriptive limit of the approved master town-planning plan constitutes more than ten years, or the document of optional nature if prescriptive limit of the master town-planning plan constitutes less than ten years, issued by the issuer for acquaintance of the applicant with the instructions and components characterizing the legal, economic, technical and architectural and town-planning modes of the construction/parcel of land established in documentation on arrangement of the territory and town planning, and resolving development of the project documentation;
certification of construction products - assessment procedure of compliance by means of which the third party accredited in accordance with the established procedure in writing confirms availability at the construction products of the quality characteristics checked and conforming to provisions or requirements of construction technical regulations which underwent certification;
certification of conformity - action of the accredited body for certification independent of the clients and other concerned parties by means of which availability of sufficient confidence that the identified properly construction products conform to certain standard or certain construction technical regulation is proved;
the building - set of the spaces and rooms with certain functions differentiated from the structural elements constituting the protecting structures of the building including the related equipment. The building is understood as concept both the building in general, and its parts designed, constructed or changed for separate use;
the residential building - the individual house intended for accommodation of one family; the individual house standing separately, in pairs or line, as duplex (triplex), intended for accommodation of several families; apartment apartment house;
the non-residential building - the building intended for industrial production, welfare, educational, entertaining, sports appointment, shelters, hospitals, hotels, buildings of transport infrastructure, cult constructions;
the code of practice in construction - the document establishing or on circumstances recommending rules or procedures of designing, production, installation, operation, servicing or use of the equipment and equipment, construction materials and products, construction of constructions, and also their dismantle or demolition;
specialized technical committee - the working group created by the order of the head of the central industry body for the specific site in the field of construction for the purpose of implementation of activities for technical regulation in construction at the national level, acting on the basis of the agreements signed between the central industry body and each member of the corresponding group;
construction - the building, civil engineering construction or special construction which construction consists in construction any fixed in the earth or on the earth of the permanent or temporary design intended, designed and built for accomplishment or ensuring technical, economic, social or ecological functions irrespective of specifics, appointment, category or class of responsibility, including the established technological and functional installations, the equipment and equipment;
civil construction - the construction intended for accommodation of people and/or ensuring their household, social and cultural requirements;
the construction making essential impact on the environment, - construction in which implementation of the regular or special types of activity specified in appendices 1 and 2 to the Law on environmental impact assessment No. 86/2014, is provided and which requires evaluating impact on the environment;
construction of the lowered responsibility - construction with regular functions, with low risk level, mentioning small amount of people;
the existing construction - construction which acceptance for operation is performed and which is in operation;
industrial structure - the construction intended for placement of installations, the equipment for industrial production, designed depending on technological profile of the planned activities with observance of regulations on health protection and labor safety and on safety of material property;
construction "ready to settling" - the constructed construction on which all main construction works and which is suitable for continuous operation are complete. The main construction works include: construction of the bearing design, installation of internal and external engineering networks, works on external finishing, installation of equipment and arrangement, works on internal finishing (at the discretion of the beneficiary);
"turnkey" construction - the constructed construction in which all works on construction and arrangement providing complete functionality of construction and which quality level corresponds provided by the project documentation and the agreement are performed and accepted;
construction in progress - construction on which construction works or their part were executed in accordance with the terms of the project documentation, but did not undergo acceptance according to provisions of this Code;
new construction - construction which construction is accepted and which warranty period did not expire;
shoddy construction - the permitted structure which owing to specifics of the functions or owing to the town-planning requirements imposed by body of local public authority has the limited service life which is not exceeding five years, specified in the construction license with possibility of its single prolongation for new term up to five years. As a rule, shoddy constructions are under construction of the materials and products providing possibility of their bystry dismantle for reduction of the parcel of land in initial condition (metal products, timber, plastic, composite materials etc.) and have the small sizes;
special construction - construction, including confidential nature which permission for construction is issued according to special profile regulations and provisions of this Code;
the semi-basement (first floor) - the floor of construction with the level of floor is lower than the level of earth less than on half of height of the rooms;
universal design - activities for designing of products, environments, programs and services so that all people, without the need for reasonable adaptation or special designing could use them as far as possible. The universal design shall not exclude auxiliary means / means of reasonable adaptation - the necessary and proper changes and devices which are not requiring disproportionate or unjustified efforts if they are necessary;
documentation on arrangement of the territory and on town planning - set of the written and graphical materials relating to certain territory in which the current situation is analyzed and tasks, actions and the measures for arrangement of the territory and town-planning development of settlements for certain period approved and approved according to provisions of this Code are established;
estimate documentation - the part of the project documentation developed for cost determination of the financial resources necessary for accomplishment of construction works and implementation of project tasks;
the project documentation - set of the written and graphical materials accompanied with necessary calculations, developed according to construction technical regulations, forming basis for accomplishment of construction works;
regulated area - set of types of economic activity and the related products on which the special technical regulations providing conditions of their placement in the market and/or applications are published;
effective period of the project documentation - the period during which the project documentation which begins at stage of its check and proceeds during all service life of construction shall be stored;
construction service life - the period after which the functional term of normative stability of construction expires;
the issuer of the town-planning certificate, construction license and permission to demolition (issuer) - executive body of local public authority, behind the exceptions provided in part (9) Article 107 and parts (2) and (3) Article 156;
the floor - any level of construction which is located over earth level, including set of the rooms and spaces of construction located in one horizontal plane;
the contractor of construction, construction works (builder) - person who is carrying out works on construction, reconstruction, upgrade, change, transformation, strengthening, expansion and repair according to this code;;
technical assessment - the documented assessment of operational indicators of construction products of its main characteristics which is carried out according to the relevant estimative document;
operation of construction - the set of the types of activity performed after construction and acceptance of construction, including: servicing of construction, observation of behavior of construction in case of operation, technical expertize, interventions over time in construction (work on reconstruction, updating, strengthening, expansion, transformation, capital and running repair, rehabilitation, reasonable adaptation and recovery);
the determining stage - the technological stage of process of accomplishment of construction works established by the designer in the project documentation during whom construction works before becoming hidden, are checked on site and prove to be true in writing by creation of the protocol signed by the authorized (certified) responsible persons: head of construction, designer and responsible for technical supervision;
management of the territory and settlements - set of actions on the organization, preserving and development of the settlements and their territories performed according to provisions of the approved documentation on arrangement of the territory and to town planning;
social infrastructure - set of the constructions which are of public interest and intended for provision of services in the field of health care, education and sport, culture for implementation of activities of law enforcement agencies, security service and bodies of public management, except residential and/or commercial constructions, and also in the field of arrangement and green plantings public;
technical infrastructure - the complex of socially significant constructions or networks aiming at providing the settlement with public services including housing and communal services of municipal services and engineering services;
the equipment (the connected equipment) connected with construction - set of installations, pipelines, systems, the processing and functional equipment and equipment which provide access to public services, including services of municipal services are necessary for functioning of construction and are located within property and on circumstances beyond its limits from input/connection (inclusive) and to users of construction irrespective of whether they are built in construction and also on which permission together with construction or separately depending on circumstances is issued;
intervention over time in construction - the held events and the performed works on constructions during all their service life;
unauthorized intervention - the works on reconstruction of the building, rooms and the related equipment executed without construction license and/or with violation of provisions of the project documentation and construction license; the works on demolition/dismantle executed without the permission on demolition and/or with violation of provisions of the project documentation and permission to demolition;
the investor - physical person or legal entity which finances and on circumstances carries out construction of new constructions or intervention in the existing construction, in sense of this Code over time;
construction height - the distance expressed in meters, accepted in the facade plane, measured from earth mark (at the moment preceding carrying out earthwork) to the upper mark of eaves or from earth mark to the upper mark of parapet of terrace;
the testing preceding acceptance - complex of the testing provided in the agreement or stipulated otherwise by the investor and the builder who shall be led by the builder before acceptance of construction works or before acceptance of part of works, or queue as it is established in the agreement;
the construction company - the legal entity who independently or together with other legal entities either builds or designs and builds any type of constructions and/or install the connected equipment, and also performs works on upgrade, change, transformation, strengthening, expansion, repair of constructions and/or the equipment connected with constructions; legal entities who perform activities for provision of services for designing, researches, consultation, servicing, observation of behavior in case of operation, specialized services in construction, including technological services with use of the specialized equipment;
servicing - complex of the actions organized, coordinated and which are carried out, as a rule, the qualified and/or certified personnel, the constructions performed for the purpose of ensuring functioning according to requirements of construction technical regulations and for improvement of esthetic appearance of constructions during their operation;
the red line - the indestructible conditional line established in documentation on town planning, separating built up or the parcels of land which are in public or private property intended under construction from the parcels of land, from the parcels of land which are taken away under the public sphere including streets, communication ways and engineering networks. In case of conservation zones the red line can match with the line of historical building;
construction works - complex of the construction processes performed according to the project documentation of which the end product which is expressed in constructive parts or elements of the building and/or the related equipment is result; works on intervention over time in the existing constructions (work on reconstruction, upgrade, change, transformation, strengthening, expansion and capital repairs);
the manager responsible for quality of production of construction materials and products (the production manager), - person designated by the order of the administrator of the company on whom responsibility for accomplishment of the specific functions established by the order and the job description according to the process chart or standards of production of the corresponding materials and products is conferred;
penthouse (the mansard floor) - the functional floor located between cattle roof and the last floor of the building which meets the requirements to safety to the protection and comfort corresponding to specific type of use (for accommodation or implementation of certain type of activity) and which is among elevated floors. The internal height of penthouse measured at outside walls from the level of floor and to the level of ceiling shall not exceed meter 1,6;
attic - the incomplete floor located between the first and following floor of the building different from other floors lower height and lack of balconies;
city furniture - set of functional elements of small architectural form and/or the decorative elements located in public places;
the nomenclature of construction works - the document constituting basis for classification of the construction companies for areas and levels of performance measures, and providing grouping of all types and categories of constructions and construction works in the single list with their systematization on reasonable number of the Sections, and also compliance between classification and codification used at the national level and used at the European Union level;
construction technical regulations - the document establishing the minimum requirements and conditions concerning quality of constructions, construction materials and products applied in construction and/or the used construction technologies and also procedure for determination and check of compliance to requirements and conditions. Construction technical regulations can be stated in regulating documents, codes of practice in construction, regulations and procedures, instructions, technical specifications and reference books;
the notification - transfer by e-mail on the e-mail address of the competent authority of the written instrument certified by putting down of the digital signature provided by the law which is subject to the notification or transfer by mail the registered mail of the relevant written instrument, signed with own hand on paper, for the purpose of informing competent authority on making or the forthcoming making of dispositive fact or the transaction;
construction object - the legal name of investment which part different components of construction are (objects of technical infrastructure, transformer substations, heating plants, warehouses, etc.);
town-planning works - set of actions by means of which are carried out policy of bodies of the central and local public authority in the field of arrangement of the territory and town planning;
system operator - the company managing engineering networks responsible for operation, maintenance, upgrade, including technological retrofitting and development of data of networks and interconnections, and also for ensuring capacity of the relevant networks for the purpose of long-term satisfaction of reasonable level of demand on provision of the related services;
the orchestra seats - the floor located at ground level or are a little higher than the level of earth, or over the cellar and/or semi-basement. To orchestra seats the index P is appropriated, to other floors - consecutive sequence numbers, starting with number 1;
landscape - general view of the area which characteristics are result of action and interactions of natural and/or human factors; the part of the nature forming art ensemble and which can be covered look;
penthouse - the apartment or complex of rooms and terraces of the increased level of comfort, penthouses (mansard floors) located on the last floor of the apartment apartment house or several apartment houses or hotels, except for;
operational indicators - set of actions for designing, construction and operation of the constructions causing requirements satisfaction of users of construction during all term of its service;
person with limited mobility - person, whose mobility it is limited owing to touch or musculoskeletal inability, physical defect, age, disease or for other reason (for example: person using wheelchair, person with insufficient sight, elderly person, person of very high growth or person with excess weight, the parent with baby carriage, the expectant mother etc.);
the master town-planning plan - set of the written and graphical materials relating to certain settlement in which the current situation is analyzed and tasks and measures in the field of arrangement of the territory and town planning for a certain period of time are established;
the plan of mobility of the settlement - additional documentation to documentation on arrangement of the territory and town planning which main objective is improvement of access to settlements and to their interrelation, diversification and steady use of vehicles from the social, economic and ecological points of view, and also proper integration of mobility and different types of transport;
construction products - any products, materials, products, the equipment or sets made and placed in the market for the purpose of their embedding on permanent basis in constructions or its parts which operational indicators influence operational indicators of constructions regarding the main requirements imposed to constructions;
the designer - the physical person certified for implementation of designing of constructions, construction works, and having legitimate right for implementation of the corresponding type of activity;
the chief designer - the designer performing coordinating of complex project works with involvement of other designers under the agreement of sub contracting;
post-utilization of constructions - complex of works on liquidation, conclusion from operation, to demolition, partial or complete dismantle of the constructions which are carried out in safety conditions and also on reconstruction, recovery and effective reuse of construction materials and products, and also on environmental protection;
commissioning - the action happening at the time of the first use of product;
rehabilitation - complex of the works on capital repairs or updating of the degraded construction which are carried out for ensuring at least the same level of its functioning as before degradation;
local town-planning regulations - set of written instruments in which the regulating components of the approved master town-planning plans, including conditions which shall be observed in case of their application are in details stated and explained;
recovery of construction - complex of the events held for the purpose of reduction of construction or its components (elements) to the acceptable level of its operational indicators, at least equal initial level by means of accomplishment of repair work, reduction of construction in compliance with service conditions during all service life;
reconstruction - complex of construction works as a result of which the main technical and economic indicators change or changes purpose of construction for the purpose of bringing its operational indicators to the level of modern requirements. Works on upgrade, change, transformation, re-planning, rearrangement, technological retrofitting, updating, rehabilitation and expansion belong to reconstruction;
legal regime of the parcels of land - set of legislative, administrative and conventional provisions which determine the rights and obligations connected with ownership of the parcels of land and/or their use;
The state register in the field of construction - system of documentary information which the National inspectorate for technical supervision conducts in electronic form and in addition on paper, in which data on the companies performing activities in the field of town planning and construction are entered. The corresponding records are made on the basis of the notification performed by legal entities according to Article 10 provisions;
the region of development - the functional territorial unit determining base for planning, assessment and realization of policy of regional development according to the Law on regional development in the Republic of Moldova No. 438/2006;
the boundary region - the zone including the territories located at frontier, differentiated for the purpose of application of general strategy of development on both sides of border and also for program implementation, projects and actions for cooperation;
capital repairs - complex of works on alteration, upgrade and/or replacement of structural elements of construction (repair of elements of the bearing design, joiner's elements, floor, construction of partitions, and also repair and/or upgrade of internal engineering networks), including works on strengthening which are performed on the basis of the project documentation constituted according to provisions of this Code;
running repair - complex of the current repair work of the visible parties of elements of construction (finishing accomplishment, repair of worn-out layers, protective layers and coverings etc.), and also works on repair of installations, the equipment and equipment, including replacement of worn-out details, carried out on the basis of the technical documentation developed by the owner, the user of construction (the technical conclusion, the list of defects, sketches, etc.);
network of settlements - set of settlements in certain territory (national, regional, district) which existence and development are characterized by complex of the bonds supported by numerous development strategies (economic, demographic, on provision of services, political and administrative). The network of settlements can consist of villages (communes), the cities (municipiums), areas;
engineering networks - set of the pipelines, installations, channels, cables (underground, land and/or air) laid on the territory and/or in constructions, and intended for providing services for water supply and the sewerage on supply with electrical and heat energy, natural gas, services of electronic communications etc.;
seismic risk - probability of approach of social and economic damage owing to earthquakes;
the quality system in construction - the system determining and putting into practice policy and the strategy of quality, intended to prevent low quality, to provide realization, certification and guaranteeing quality within rational costs and terms;
quality management system in construction - management system by means of which the construction organization from the point of view of quality in construction goes and controlled;
the applicant on receipt of allowing documents (applicant) - the owner of land; the superficiary, from written consent of the owner of land; in case of interventions over time in the building, except for works on its expansion, - the owner of the building; in case of engineering networks, including networks of electronic communications, and elements of the infrastructure connected with these networks - the investor/beneficiary or the supplier of public networks of electronic communications; in case of highways - the beneficiary; in case of the information town-planning certificate - any physical person or legal entity;
the technical specification - documentation of technical nature establishing specifications and requirements to certain materials and products or to constructions based on technical regulations;
subcontractor - the physical person or legal entity specified in the agreement as subcontractor to which accomplishment of part of works on the agreement of sub contracting is entrusted;
the cellar - the floor of construction which level of floor is lower than the level of the earth more than on half of height of the floor;
supervision of the market of materials, products and technologies in the field of construction - the activities organized and performed by the public institutions authorized by the law for the purpose of uniform application of provisions of the legislation in the field of quality in construction for assessment of conformity in construction and supervision of compliance of the construction materials imported on the market and products and/or working technologies;
the built-up area - the land area of the basis of construction measured on external perimeter at the level of the base including eaves, balconies, bay windows and loggias;
the area of construction (total area of construction) - the area of all levels of construction, except for the areas of the cellar, semi-basement, attic, the technical floor, penthouse, loggias, terraces and balconies, measured on external perimeter;
the building site - the place where construction works are conducted, including works on repair, construction of the building, industrial structure, the bridge, dike, the road, engineering networks etc. and are the construction materials and products, the equipment, equipment and installations necessary for implementation of the corresponding types of activity;
terrace - construction or the open protected area, the extension to the building located at the level of orchestra seats, the first or other floor or on roof of the last floor. The terrace can have roof and entrances to adjacent rooms;
the administrative territory - the area differentiated according to the law on levels of the administrative-territorial device: national territory, regional or territory of administrative and territorial units (municipium, area, city, commune, village);
the territory behind line of the settlement - the area which is between border of the territory of the settlement and border of administrative and territorial unit (municipium, the city, the commune, the village) and settlement territory border;
the territory within the settlement - set of the zones which are built up or intended for construction and equipped constituting the main territory of administrative and territorial unit differentiated by the approved master town-planning plan and within which performance of works on construction and arrangement can be authorized;
the suburban territory - the area adjacent to municipiums and the cities differentiated by special researches within which the complex of the interdependent relations in the field of economy, infrastructures, movements in the labor purposes, providing with green plantings and recreational zones, providing with agrofood products etc. is created;
warranty period - the five-year term which current begins of date of acceptance in case of completion of works during which the builder shall eliminate at own expense all defects and defects which arose because of non-compliance with conditions and specifications of the agreement or provisions of the project documentation and applicable regulating documents and also to perform incomplete works. The warranty period can constitute less than five years in case of construction materials and products, the equipment, equipment on which the producer provides shorter term of natural and/or normative wear, and also guarantee for production cycles of operation;
the term of performance of works - time established for completion of construction works or the site or queue, and carrying out the testing preceding acceptance as it is established in the agreement;
queue - component of construction complex which can be designed, be under construction, be accepted in operation and it is autonomous be used before completion of all complex; the component of the project documentation including works on preparation of the building site and/or designing of construction to mark 0.000;
referensny territorial unit (further - the MOUTH) - the territorial town-planning subdivision of administrative and territorial unit designated by cadastral borders which is characterized by functional and morphological uniformity from the point of view of town planning and architecture, established for the purpose of homogeneous town-planning regulation. The MOUTH are differentiated on circumstances proceeding from relief and landscape with similar characteristics, single historical development during the certain period, homogeneous system of breakdown on sites and method of building, similar types of use of the parcels of land and constructions, legal regime of the real estate units having similar type and functions;
observation of behavior of constructions in case of operation - the activities for observation, consideration and research of performed systematically how constructions and the equipment connected with constructions react in the course of their use to influence of factors of the environment, service conditions and interaction of constructions with the environment and with the activities performed by users of construction;
users of constructions - the physical persons and/or legal entities managing construction and the equipment connected with construction according to provisions of the relevant agreements and regulations and construction technical regulations;
functional zone - part of the territory of the settlement which main existing and planned function is established in documentation on arrangement of the territory and town planning. Functional zoning of the territory is action for separation of the territory of the settlement into functional zones;
zone of military interest - zone in which events of military nature are held other, than zone of aviation servitudes for which conditions, restrictions and obligations for the benefit of safety of flights are entered;
the conservation zone - the territories around or near sources of harmful effects which require protection of the next zones, such as the treatment facilities, platforms for controlled warehousing of waste which dried up wells, cemeteries, sources of industrial emissions, zones of heavy traffic, conservation zones of highways public, and also conservation zones around objects and complexes of fund of the protected natural territories, historical monuments and archaeological monuments around the monuments built in public places, military burials and military and memorial objects concerning which special rules for the purpose of ensuring their protection, and also their historical and architectural and/or the environment, the water protection zones of the rivers and reservoirs intended for protection of surface water against pollution, depletion and instruction are established;
the sanitary protection zone - the special territory with the mode of limited use established on perimeter of the objects and the companies which are sources of environmental pollution and other risks for health of the population;
zone of the special mode - the territory intended for certain type of use which characteristics do not allow to classify it as the living, commercial or industrial zone which existence is necessary for social and economic viability of community;
the protected zone - the territory in which the objects or groups of objects which are part of national natural or cultural heritage and to which the special regulating provisions for the purpose of preserving quality of these objects, maintenance of balance of development by interventions and application of measures for preservation, and also are applied to ensuring harmony with the environment are located.
The regulating provisions of this Code carry out the following tasks:
a) increase in efficiency of activities in the field of arrangement of the territory, town planning, designing and construction by providing the long-term and stable regulatory base which is not interfering emergence of adverse effects for the subjects participating in development of documentation on arrangement of the territory and to town planning, town-planning works, designing, construction, operation and post-utilization of constructions;
b) establishment of clear rules and procedures by development of the accurate legal regulations which are not allowing any interpretation. The terms, payment method and the amounts which are subject to payment in the form of duties shall be accurately established for each beneficiary they could determine and understand the obligations assigned to them by the law and also to determine influence of the decisions concerning construction management on the tax liabilities;
c) sustainable and balanced development of settlements and territories.
(1) Development, carrying out and coordinating public the politician of development in the field of arrangement of the territory, town planning, designing and construction enters competence of the central industry body of public management of the respective area (further - the central industry body).
(2) the Central industry body is regulating authority in the field of arrangement of the territory, town planning, designing and construction.
(3) the Central industry body bears responsibility for development of regulations for uniform application of provisions of this Code and for development of construction technical regulations.
(1) Permanent technical Council on construction is consultative body which performs monitoring and considers any problem in the field of designing and construction, including by practical application or transposition in the national legal system of the European Union law.
(2) Permanent technical Council on construction is created as structure without the status of the legal entity as a part of one of the divisions subordinated to the central industry body, and acts on the basis of the regulations on the organization and functioning approved by the order of the head of the central industry body.
(3) the Staff of Permanent technical Council on construction is established according to appendix 22 and affirms the order of the head of the central industry body based on the appointments made by the bodies and organizations provided in the specified appendix.
(4) Permanent technical Council on construction is headed by the chairman appointed by the order of the head of the central industry body.
(5) the Technical secretariat of Permanent technical Council on construction is provided with operating unit from structure of the central industry body and is effective irrespective of other structures of the subject as separate division in its structure.
(6) Resolutions of Permanent technical Council on construction are stated in the form of decisions and the technical conclusions of Permanent technical Council on construction and are signed by its chairman.
(1) Coordination of development, approval and approval of the Plan of arrangement of the national territory is included into competence of the National council on arrangement of the territory founded by the Government on parity principles.
(2) the National council on arrangement of the territory is structure of the general jurisdiction without the status of the legal entity created for approval and coordination of tasks on arrangement of the territory and town planning at the national level.
(3) Structure of National council on arrangement of the territory and regulations on its functioning are established by the central industry body and affirm the Government.
(1) the National architectural town-planning council is created as a part of the central industry body as consulting and coordinating body without the status of the legal entity for the purpose of consideration and coordination of actions of national and regional value in the field of architecture, arrangement of the territory and town planning, including for the purpose of development of technical reasons and drafts of documentation on arrangement of the territory and to town planning.
(2) the National architectural town-planning council is organized and performs the activities on the basis of the provision approved by the central industry body.
(1) the Local architectural town-planning council is created for joint consideration of the architectural, town-planning, technical and economic concepts concerning architectural objects of local value.
(2) the Local architectural town-planning council is created as a part of specialized architectural and town-planning structures of bodies of local public authority and performs the activities according to their provisions approved by relevant organ of local public authority.
(Activities in the field of town planning and construction include 1):
a) designing, check and examination;
b) construction, reconstruction, capital repairs of constructions; installation, commissioning, technical retrofitting of technical installations / technological systems; preservation, demolition and post-utilization of constructions;
c) production of construction materials and construction products;
d) operation and use of constructions and the equipment connected with constructions.
(2) For implementation of the types of activity specified in Items a) - c) parts (1), the notification of National inspectorate for technical supervision by legal entities for the purpose of registration of the corresponding persons and types of activity in the State register in the field of construction is obligatory.
(3) in the absence of the notifications specified in part (2), implementation of types of activity the specified Items a) - c) parts (1) it is forbidden.
(4) the Notification specified in part (2), contains the following information:
a) for activities for designing, check and examination:
- the declaration on structure of crews with indication of the certified areas specialists;
- orders on appointment of the manager and persons responsible for accounting and archiving of documents;
- declaration on availability of necessary infrastructure (location, archive, equipment);
b) for the types of activity specified in Item b) parts (1):
- the declaration on numerical structure of crews and information on sites of carrying out construction works, including specialized construction works, with indication of the certified persons responsible for technical supervision, on areas;
- orders on appointment of the manager and persons responsible for accounting and archiving of documents;
- declaration on availability of necessary infrastructure (location, archive, equipment and technical means, vehicles, workshops, warehouses);
- the declaration on availability of corporate standards, process charts and instructions for the construction works which are subject to accomplishment;
c) for activities for production of construction materials and products:
- the declaration on numerical structure of crews and on production sites with indication of number of the certified areas specialists;
- orders on appointment of the manager on production and persons responsible for accounting and archiving of documents;
- declaration on availability of necessary infrastructure (location, archive, equipment and technical means, workshops, warehouses);
- the declaration on availability of corporate standards, process charts and technical permissions to the construction materials which are subject to production and products.
(5) the Legal entity who intends to perform one or several of the types of activity provided by Items a) - c) parts (1), notifies on it National inspectorate for technical supervision at least in ten working days prior to activities implementation. The inspectorate considers contents of the notification and shall register the corresponding legal entity without delay after ten working days from the date of the notification. Reclamation of other documents, except specified in part (4), it is forbidden.
(6) the Notification provided in part (5), is recognized insignificant if it contains the counterfeited and/or wrong data concerning identification of the legal entity submitting the notification and/or types of activity concerning which the notification moves what the State inspectorate for technical supervision without delay informs the legal entity who submitted the notification on. If not all necessary documents are attached to the notification or they are incomplete, Inspection temporarily registers this person, with the requirement to provide missing documents / missing information during no more than 20 working days. In the absence of the answer from inspection within 10 working days from the moment of receipt of the notification, the adequate notice is recognized valid and complete.
(7) the Notification on implementation of the types of activity provided in part (2), moves only once, without the need for its giving for each construction / complex of construction works separately.
(8) in case of expansion of field of activity or suspension of implementation of some types of activity the corresponding legal entities shall notify repeatedly National inspectorate for technical supervision according to the same conditions.
(1) during implementation of activities in the field of town planning and construction measures for ensuring health protection and labor safety of workers on workplace shall be entered.
(2) the Measures for ensuring health protection and labor safety on workplace provided in part (1), are developed and reviewed with carrying out consultations with patronages and labor unions in the field of construction, taking into account development of the international regulations in this industry and technical progress.
(3) Within implementation of activities in the field of town planning and construction measures according to the procedures established by the legislation or industry regulations for ensuring cooperation between employers and workers on assistance to health protection and labor safety on building sites shall be taken.
(Persons responsible for planning, design and accomplishment of construction works shall observe 4) at all stages of measure for ensuring health protection and labor safety of workers according to provisions of the current legislation.
(5) in the presence of inevitable threat for health of workers and labor safety the employer shall take measures for the termination of activities of workers and their evacuation.
(6) Inspectors of work exercise the state control according to provisions of the Law on the state control No. 131/2012 and the Law on State Labour Inspection No. 140/2001.
(1) State policy in the field of ensuring availability of social infrastructure is pursued by means of development and approval of the regulatory base, national programs for ensuring access to social infrastructure, construction technical regulations on adaptation of objects of social infrastructure, and also by means of control of their implementation.
(State policy in the field of ensuring availability of social infrastructure provides 2):
a) ensuring access to social infrastructure for persons with limited opportunities and persons with limited mobility;
b) designing and construction of facilities of social infrastructure with observance of construction technical regulations on adaptation of objects;
c) gradual ensuring access to objects of unavailable or partially available social infrastructure.
(3) Officials, authorities, organizations and business entities, irrespective of pattern of ownership, bear not respecting rules of designing, construction of infrastructure and not providing availability of social infrastructure responsibility according to Code regulations on offenses.
The purpose of activities for arrangement of the territory is:
a) balanced and sustainable space development of the territory of the country;
b) territorial unity at the regional, national and European levels;
c) improvement of living conditions in settlements;
d) protection of natural, cultural heritage and historical and archaeological monuments.
Regulations on arrangement of the territory are applied to all national territory, including border regions, with respect for the principles of the balanced and sustainable development, hierarchy, unity and social, economic, demographic and cultural integration at the European, national, regional and local levels.
(1) the Main objectives of arrangement of the territory are:
a) the balanced and sustainable economic and social development of regions and settlements, with respect for their specifics;
b) improvement of quality of life of citizens of all age and communities, with respect for local identity of the population;
c) rational management of natural resources and the management of landscapes performed in compliance with the principles of environmental protection;
d) balanced and steady use of the territory;
e) responsible and steady management of natural resources, with ensuring balance between social and economic development and environmental protection, biodiversity, landscape, and also the natural, cultural and constructed heritage;
f) protection of the territory;
g) sustainable development, responsible management and protection of historical and archaeological monuments;
h) polycentric development of the country by creation of network of city settlements and enhancing cooperation between urban and rural areas;
i) ensuring access to information;
j) preparation of the territory for ensuring national defense;
k) ensuring protection of all civil constructions according to international humanitarian law.
(2) Activities for arrangement of the territory are based on the following guidelines:
a) assistance to territorial unity due to the balanced and sustainable social and economic development by increase in competitiveness;
b) creation, providing and assistance to creation of conditions for access to social infrastructure of persons with limited opportunities and persons with limited mobility;
c) the assistance to development of settlements caused by town-planning functions and improvement of the relations between the cities and villages;
d) simplification of information access;
e) decrease in level of degradation of the environment;
f) rational development and protection of natural resources and natural heritage;
g) protection and development of historical and archaeological monuments as factors of the balanced and sustainable development;
h) development of energy resources and their efficiency in case of maintenance of energy security;
i) tourism promotion;
j) prevention of effects of natural disasters;
k) operational arrangement of the territory of the country and its preparation for ensuring national defense.
(Documentation on arrangement of the territory and town planning includes 1):
a) The plan of arrangement of the national territory (further - SHOW OFF);
b) plan of arrangement of the territory of the region of development - The center, the North and the South (further - POTRR); plan of arrangement of the territory of municipium of Chisinau; plan of arrangement of the territory of Autonomous territorial education Gagauzia and plan of arrangement of the territory of settlements of left bank of Dniester (Transnistria);
c) master town-planning plans (further - GGP) settlements and the related local town-planning regulations;
d) zone town-planning plans (further - ZGP) and the related local town-planning regulations;
e) detailed town-planning plans (further - DGP).
(2) Documentation on arrangement of the territory and town planning is developed by cross-disciplinary teams which part groups of the specialists certified in different areas are.
(3) Documentation on arrangement of the territory and town planning is developed in digital format and on paper, and is published.
(4) Documentation on arrangement of the territory and town planning without fail is subject to the procedure of strategic ecological assessment according to provisions of the Law on strategic ecological assessment No. 11/2017.
(5) Documentation on arrangement of the territory and town planning is approved and affirms the bodies/organizations established in appendix 24.
(1) the Plan of arrangement of the national territory is the main document in sphere of activity on arrangement of the territory of the Republic of Moldova.
(2) the Plan of arrangement of the national territory represents the code of the medium-term and long-term industry strategic programs considering territory perspective on a large scale, determines the leading directions of the organization and sustainable development of all territory of the Republic of Moldova.
(3) the Plan of arrangement of the national territory is developed in full or according to the specialized interconnected Sections and affirms the law.
(4) the Plan of arrangement of the national territory / specialized Sections affirm for 30-year term.
(5) Specialized Sections of the Plan of arrangement of the national territory are developed by the central industry body in cooperation with other bodies of the central public management according to competences.
(6) Standard content, the methodological principles of development and updating/change, approval and approval of the Plan of arrangement of the national territory are established by the provisions and instructions developed by the central industry body and approved by the Government.
(1) the Plan of arrangement of the national territory includes the following specialized Sections:
a) Section 1 - Network of settlements;
b) Section 2 - Road, railway, aviation and water transport infrastructure;
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