PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 5, 2019 No. 217

About construction regulations and rules

For the purpose of streamlining of requirements of technical regulatory legal acts in the field of architecture, town planning and construction:

1. Determine that:

1.1. requirements, obligatory for observance, in the field of architectural, town-planning and construction activities in case of town-planning planning, placement of construction objects and building of the territories, designing and construction of buildings and constructions are established in construction regulations for the purpose of providing:

mechanical strength and stability of buildings and constructions;

fire, industrial, nuclear, radiation, energy security;

protection against emergency situations of natural and technogenic nature;

energy conservation and thermal shielding;

standard rates of environmental protection and sanitary and epidemiologic wellbeing of the population;

1.2. voluntary rules of architectural, town-planning and construction activities for application are established in construction rules;

1.3. construction regulations and rules are the technical regulatory legal acts which are not relating to area of technical regulation and standardization, are developed and affirm the Ministry of Architecture.

The procedure for development of construction regulations and rules, their approvals and application is determined by Council of Ministers of the Republic of Belarus;

1.4. construction regulations and rules before their approval by the Ministry of Architecture, and also the changes made to them are subject to approval by Interdepartmental council concerning architecture, town planning and construction.

Regulations on Interdepartmental council concerning architecture, town planning and construction and its structure affirm Council of Ministers of the Republic of Belarus;

1.5. the technical regulatory legal acts approved by decisions of state bodies, establishing requirements, obligatory for observance, and voluntary rules of architectural, town-planning and construction activities for application are subject to recognition voided from the moment of enforcement of construction regulations and rules if other is not provided by the President of the Republic of Belarus.

Requirements, obligatory for observance, and voluntary rules of architectural, town-planning and construction activities for application cannot be established in other technical regulatory legal acts which are not relating to area of technical regulation and standardization and also in technical regulations, technical codes of common practice, state standards, nation-wide qualifiers of the Republic of Belarus.

After enforcement of construction regulations and rules requirements, obligatory for observance, and the voluntary rules of architectural, town-planning and construction activities for application containing in the technical regulatory legal acts which are not construction regulations and rules are not applied.

2. The project documentation which development is begun before enforcement of construction regulations according to the decision of the customer (builder) can be developed without their requirements.

The objects which are not begun with construction or objects on which building and construction works is begun before enforcement of construction regulations according to the decision of the customer (builder) can be complete according to the approved project documentation without requirements of construction regulations.

For the purposes of this Item are understood:

under supervision of development of the project documentation - date of the conclusion of the works agreement on accomplishment of project works or approval of design assignment by the builder in case of accomplishment of project works by own forces;

under the objects which are not begun with construction, - objects on which the project documentation is approved, but building and construction works is not begun;

under supervision of building and construction works - the start date of accomplishment of building and construction works established in the construction contract or in the decision of the builder in case of accomplishment of building and construction works by own forces.

3. To Council of Ministers of the Republic of Belarus:

3.1. in two-month time:

determine procedure for development of construction regulations and rules, their approvals and application;

approve Regulations on Interdepartmental council concerning architecture, town planning and construction and its structure;

3.2. till January 1, 2020 to provide approval of construction regulations;

3.3. take other measures for implementation of this Decree.

4. To the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus till August 1, 2019 to make in the Ministry of Architecture offers on inclusion of the requirements, obligatory for observance, relating to area of architectural, town-planning and construction activities in construction regulations.

5. Financing of works on development of construction regulations and rules is made within the means of the republican budget provided to the Ministry of Architecture on construction and architecture and also other sources which are not prohibited by the legislation.

6. To impose control over the implementation of this Decree on Council of Ministers of the Republic of Belarus.

7. This Decree becomes effective after its official publication.

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