RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 20, 2007 No. 223

About some measures for enhancement of architectural and construction activities

In pursuance of subitem 4.1 of item 4 of the Presidential decree of the Republic of Belarus of November 16, 2006 "About some questions of management of construction industry and its functioning" the Council of Ministers of the Republic of Belarus DECIDES: No. 676

1. Approve:

The regulations on procedure for preparation and issue of allowing documentation on construction of facilities (are applied);

The regulations on the chief architect of area, city, area, area in the city (are applied).

2. To republican state bodies to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

2-1. Grant the right to the Ministry of Architecture to explain questions of application of the Regulations on procedure for preparation and issue of allowing documentation on construction of facilities and Regulations on the chief architect of area, the city, the area, the area in the city approved by this resolution.

3. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 20, 2007 No. 223

Regulations on procedure for preparation and issue of allowing documentation on construction of facilities

Chapter 1. General provisions

1. This Provision developed according to the Code of the Republic of Belarus about the earth, article 21 of the Law of the Republic of Belarus of July 5, 2004 No. 300-Z "About architectural, town-planning and construction activities in the Republic of Belarus" establishes procedure for preparation and issue to customers, builders, prime contractors in case of "turnkey" construction of facilities, to the engineer (the engineering organization) in case of the conclusion of the contract for rendering engineering services in integrated management of construction activities (further if other is not provided, – the applicant) allowing documentation on designing, construction, reconstruction, restoration, improvement of object, demolition (further if other is not provided, – allowing documentation on construction), including allowing documentation on installation of charging stations for electric vehicles * (further – charging stations), except for objects of the Chinese-Belarusian industrial park "Great Stone".

Within architectural and construction activities for installation of charging stations project and prospecting works are performed on placement and accession to power network of the equipment intended for charging of electromobile transport, the installation and construction works provided by the project documentation.

2. In this Provision terms in the values determined by article 1 of the Law of the Republic of Belarus "About architectural, town-planning and construction activities in the Republic of Belarus" and also the following terms and their determinations are used:

architectural and planning task – the document containing based on location of the parcel of land of the requirement to architectural and space characteristics of object, to building and use of the parcel of land, architectural decorating of object, accomplishment of prospecting works, executive shooting of engineering communications of object, improvement of the built-up parcel of land, the address with waste, project development of outdoor advertizing including the scheme of placement of construction object (charging stations);

the town-planning passport of the parcel of land (further – the town-planning passport) – the complex document developed based on the approved town-planning projects of general and detailed planning, schemes of land management of areas and containing information on parameters of use and building of the parcel of land, providing with engineering and transport infrastructure, the placed objects and constructions on the parcel of land;

the declaration on intentions – the document containing preliminary data on technical, operational, planning and other parameters of construction object, charging stations;

not used object – capital structure (the building, construction), its part which are not used according to the destination more than nine months totally during twelve prior calendar months in economic circulation, business activity and also by provision such capital structure (the building, construction), its parts in lease, other paid or free use;

the scheme of placement of construction object (charging stations) (further if other is not provided, – the scheme of placement of object) – the document which is part of architectural and planning task or independent part of allowing documentation in case of installation of charging stations in which data on the location of the built-up (osvayemy) parcel of land, developed land street road net, red lines of streets and roads, objects of engineering and transport infrastructure, buildings and constructions, capital structure (task, construction) or its part in case of installation of charging stations, town-planning regulations are specified;

technical requirements – the document containing list of the requirements imposed to specific object when designing allowing to provide its safe operation;

specifications on engineering facilities of object, charging stations (further – specifications) – the document containing information on connection of the building, construction to objects of engineering infrastructure.

3. Action of this provision does not extend on:

works on technical upgrade and capital repairs;

military construction;

reorganization and (or) re-planning of apartments in apartment apartment houses;

reconstruction of residential and (or) non-residential premises in apartment apartment houses;

reorganization and (or) re-planning, reconstruction of the one-apartment, blocked apartment houses, including residential and (or) non-residential rooms in their structure, and also non-residential capital constructions in the house adjoining territory;

demolition by citizens of non-residential capital constructions in the house adjoining territory;

the construction performed for the purpose of liquidation of emergency and emergency situations or their prevention;

construction of the garden lodges, economic structures and constructions necessary for conducting collective gardening on the parcels of land provided to members of gardening partnership for these purposes;

demolition of the empty apartment house is not higher than two floors and (or) the economic constructions which are its accessories;

performance of works on connection of current consumers to engineering infrastructure in case of lack of need for accomplishment of installation and construction works;

construction and reconstruction of single-family apartment houses and (or) non-residential capital constructions in the simplified procedure according to the Presidential decree of the Republic of Belarus of June 13, 2022 No. 202 "About the simplified procedure for construction and reconstruction of construction objects".

4. Allowing documentation on construction, installation of charging stations includes:

4.1. by provision of the parcel of land without holding the auction on the right of lease of the parcel of land, auction with conditions on the right of designing and construction of capital structures (buildings, constructions) and auction for sale of the parcels of land in private property if in case of withdrawal and provision of the parcel of land according to the legislation preliminary approval of the place of its placement is carried out:

act of the choice of the location of the parcel of land;

architectural and planning task;

specifications;

technical requirements;

the decision of local executive and administrative organ (further – executive committee) about withdrawal and provision of the parcel of land;

decision of executive committee on permission of asset construction;

4.2. by provision of the parcel of land without holding the auction on the right of lease of the parcel of land and auction for sale of the parcels of land in private property if in case of withdrawal and provision of the parcel of land according to the legislation preliminary approval of the place of its placement is not carried out:

the decision of executive committee or administration of the free economic zone (if this right is delegated corresponding regional, Minsk city, city (the cities of regional, district subordination) and district executive committees) on withdrawal and provision of the parcel of land;

decision of executive committee on permission of carrying out project and prospecting works, asset constructions;

architectural and planning task;

specifications;

technical requirements;

4.2-1. in case of receipt of the parcel of land by results of holding the auction on the right of lease of the parcel of land and auction for sale of the parcels of land in private property (further – auction):

the decision of executive committee on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction;

decision of executive committee on permission of carrying out project and prospecting works, asset constructions;

town-planning passport;

in case of receipt of the parcel of land by results of holding the auction with conditions on the right of designing and construction of capital structures (buildings, constructions):

town-planning passport;

decision of executive committee on withdrawal and provision of the parcel of land;

decision of executive committee on permission of asset construction;

4.3. in case of construction, reconstruction, restoration on the provided parcel of land:

decision of executive committee on permission of carrying out project and prospecting works, asset constructions;

architectural and planning task;

specifications;

technical requirements;

4.4. in case of demolition:

4.4.1. not used objects – the decision of executive committee on permission of asset demolition with indication of in such solution of need of development of the project documentation, about, method of demolition of not used object, procedure for the treatment of the materials and waste which are formed in case of demolition of not used object, and procedure for recovery of fertility of the broken lands and their involvement in economic circulation;

4.4.2. other objects – the decision of executive committee on permission of carrying out project and prospecting works, asset demolition including information on disconnection of object from engineering infrastructure;

4.5. in case of improvement:

decision of executive committee on permission of carrying out project and prospecting works, asset constructions;

architectural and planning task;

specifications (in case of connection to objects of engineering infrastructure);

technical requirements (if necessary);

4.6. in case of construction by citizens of the one-apartment, blocked apartment house and (or) non-residential capital constructions in the house adjoining territory, and also capital structures (buildings, constructions) of the fifth class of complexity, including on the parcels of land provided to citizens for maintaining personal subsidiary farm:

decision of executive committee on permission of carrying out project and prospecting works, asset constructions;

architectural and planning task and specifications;

4.7. in case of installation of charging stations:

the decision of executive committee on permission of carrying out project and prospecting works to construction for the purpose of installation of charging stations;

scheme of placement of object;

specifications;

technical requirements.

5. Technical requirements are provided by the organizations established in the general list of the organizations issuing technical requirements according to appendix 1 in forms according to appendices 1-1-1-11.

Specifications are provided by the organizations established by executive committee in the general list of the organizations issuing specifications for forms according to appendices 2-9.

The object list of the organizations issuing technical requirements and (or) specifications is determined by executive committee in case of issue of allowing documentation on construction proceeding from purpose of object and conditions of its construction.

The technical requirements and specifications provided in the established forms in case of their observance do not require additional confirmation of their accomplishment in any form (putting down of signature stamp of approval, receipt of the written confirmation of consideration, issue of the conclusion about consideration and other).

If by consideration of request about provision of technical requirements and specifications it is determined that the asset construction on the considered parcel of land contradicts requirements of acts of the legislation, state bodies (organizations), authorized to issue technical requirements and specifications, refuse issue of technical requirements and specifications.

When constructing facilities, the historical and cultural values of the Republic of Belarus included in the State list, the applicant addresses to the Ministry of Culture behind issue of permission to accomplishment of research and project works on material historical and cultural values which is issued according to the legislation on ministerial procedures.

6. Preparation of the allowing documentation on construction specified in subitems 4.1-4.7 of item 4 of this provision is carried out by the municipal unitary enterprise which is specially created for these purposes (further – CLUMPS), other authorized organization * or the structural division of executive committee performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit (further – territorial subdivision of architecture and construction), except for the draft of the act of the choice of the location of the parcel of land, the draft decision about withdrawal and provision of the parcel of land, and also the draft decision about withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction who are prepared by the organizations for land management according to the procedure, established by the legislation.

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* For the purposes of this provision are understood as authorized organization the affiliated municipal unitary enterprise created by municipal unitary enterprise – management of capital construction of regional executive committee, and also economic society, at least 90 percent of shares (share in authorized fund) of which are in property of area, authorized by the relevant regional executive committee on preparation of allowing documentation.

In case of absence in the territory of administrative and territorial unit of CLUMPS according to the decision of executive committee preparation of allowing documentation on construction can be performed CLUMPS, located in the territory of other administrative and territorial unit.

Allowing documentation affects asset construction before acceptance in accordance with the established procedure of object in operation (except for demolition) or before the expiration of the terms established in allowing documentation on construction.

In case of the expiration of the terms established in allowing documentation on construction, repeated issue of allowing documentation is performed according to the procedure, established by this Provision.

In the decision of executive committee or administration of the free economic zone on permission of carrying out project and prospecting works (asset construction) the list (structure) of the issued allowing documentation (details of documents) is specified.

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