of March 20, 2008 No. 380
About architectural, town-planning and construction activities
This Law, establishing legal, organizational and social basis of regulation of the relations in architectural, town-planning and construction activities, determines the rights and obligations of state bodies, physical persons and legal entities in this sphere.
In this Law the following basic concepts are used:
- architectural activities - professional activity on creation of the architectural project, the organization, coordination, preparation and development of the project documentation on construction, including designer's service of construction;
- town-planning activities - the activities for town-planning planning, placement of construction objects and building of the territories performed taking into account historical and cultural, natural, ecological and other features of the territories;
- construction activities (further construction) - activities for preparation of the allowing and project documentation on construction, to accomplishment of construction works, including the earthwork connected with construction and construction, constructive changes, restoration works, capital repairs, demolition of buildings and objects, installation and dismantle of buildings and designs, restoration of historical monuments, except for the activities performed in the military purposes;
- the territory in architectural, town-planning and construction activities (further - the territory) - the limited space having one or several elements of the habitat, intended for implementation of architectural, town-planning or construction activities;
- the state town-planning inventory (further the town-planning inventory) - the multi-purpose information system containing necessary data for implementation of architectural, town-planning and construction activities;
- town-planning planning - preparation and approval of the state and industry programs in the field of architecture and town planning, town-planning projects, plans of zoning of the territories;
- zoning of the territories - allocation in case of town-planning planning of territorial zones of certain functional purpose with establishment of requirements of town-planning development and use of the territories;
- the mezhselenny territories - the territories outside borders (line) of settlements;
- red lines - the conditional lines provided by town-planning documentation for department of streets, areas, highways, railway tracks, networks of engineering facilities, power lines and communication from the territories intended under building or for other use;
- lines of regulation of building - the conditional lines provided by town-planning documentation within which placement of buildings and constructions shall be performed;
- system of resettlement - naturally existing or purposefully created network of settlements united in whole on the basis of optimization of space, commercial, social and other ties;
- social, production, transport, engineering infrastructure - complex of buildings, constructions, the communications providing functioning of settlements and the mezhselenny territories;
- the habitat - the space of life activity of the person created purposefully changeable as a result of architectural, town-planning, construction activities, consisting of natural objects, objects of material and spiritual culture, settlements and mezhselenny the territories with social, production, transport facilities and other infrastructure;
- the preproject documentation - the documents giving the legal and technical basis to start development of the architectural and construction project;
- the architectural project - the system of interconnected project documents developed on the basis of the approved town-planning and regulating documentation and covering data on placement, physical parameters of designs, engineering systems and art and esthetic qualities of construction construction;
- the project - the subject of desire of physical person and legal entity or state of providing favorable conditions for life and activities of the person presented in the form of architectural, town-planning and construction documentation (plans, graphical and text materials, engineering calculations and expenses);
- the town-planning project (town-planning documentation) the system of interconnected project documents of town-planning planning determining the directions and conditions of town-planning development, use of the mezhselenny territories, settlements and their parts;
- the construction project - the system of interconnected project documents developed on the basis of town-planning and architectural projects and providing direct realization of investments into construction;
- the customer - the investor or person authorized by him involving in construction activities on contractual basis of the contractor for realization of project financing or accomplishment of other works within construction activities;
- the state inspection - the temporary consultative body performing general check of readiness of the building (complex), monitoring test of technical equipment and engineering system and acceptance of the constructed construction in operation;
- the working commission - the temporary consultative body performing general check of readiness of the building and preparation of the conclusion for representation to the state inspection;
- project appraisal - the examination of architectural, town-planning and construction projects performed after their development for the purpose of control on observance of requirements of regulatory legal acts of the Republic of Tajikistan, regulations, rules and standards.
Architectural, town-planning and construction activities are performed on the basis of the principles:
- providing conditions of the habitat of the person taking into account national, climatic and other peculiarities, ecological, technical, sanitary and hygienic and esthetic requirements;
- accounting of interests and respect of the rights of citizens and other subjects of architectural, town-planning and construction activities;
- rational use of territorial and other architectural and town-planning resources, protection of the population and decrease in damage against possible manifestations of dangerous technogenic and geological processes, other natural disasters;
- preserving valuable architectural and town-planning heritage, development of national and cultural traditions in the field of architecture, town planning and construction.
The legislation of the Republic of Tajikistan on architectural, town-planning and construction activities is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
1. The physical persons and legal entities performing architectural, town-planning and construction activities have the following rights:
- request and receive in state bodies, including local authorities of architecture and town planning, information, data and other relevant documents necessary for implementation of architectural, town-planning and construction activities;
- according to the established legislation of the Republic of Tajikistan rather to participate in discussion and decision making in the field of architectural, town-planning and construction activities;
- perform development of town-planning projects and the project documentation on construction;
- to be in accordance with the established procedure authors of architectural works;
- perform functions of the investor, customer, contractor, to be their representatives;
- represent the interests of the customer and according to its order to render assistance in the organization and (or) tendering (tenders) for the conclusion of agreements;
- exercise designer's service of construction or at the request of the customer to be his representative on asset construction and control quality of construction materials, quality and amount of the performed installation and construction works;
- require restriction, suspension or the termination of the architectural, town-planning and construction activities performed with violations of the law, normative, legal and technical acts;
- appeal in accordance with the established procedure the conclusions of bodies of examination on town-planning, architectural and construction projects;
- make claims for compensation of damage and (or) the done harm in court;
- require accountability of persons guilty of violation of the law in the field of architecture, town planning and construction.
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The document ceased to be valid according to the Town-planning code of RT of 28.12.2012 No. 933