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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA

of January 5, 2022 No. 14

About establishment of accounting treatment for unauthorized constructions

Accepted the Government of the Republic of Armenia on January 5, 2022

Being guided by requirements of part 2 of article 2 of the Law of the Republic of Armenia of December 16, 2021 ZR-397-N "About modification and amendments in the Civil code of the Republic of Armenia", the Government of the Republic of Armenia decides:

1. Establish:

1) accounting treatment for plans of unauthorized constructions and unfinished unauthorized constructions (further – unauthorized construction) according to Appendix No. 1;

2) form of consent of the customer with packet of accounting of unauthorized construction according to Appendix No. 2.

2. Data and documents on unauthorized constructions for the purpose of accounting are submitted according to the procedure, established by Appendix No. 1 to this Resolution, and registered by Committee of the inventory in the terms established by Items 1-4 of part 3 of article 2 of the Law of the Republic of Armenia of December 16, 2021 ZR-397-N "About modification and amendments in the Civil code of the Republic of Armenia".

3. This Resolution becomes effective for the tenth day after its official publication.

Prime Minister of the Republic of Armenia

N. Pashinyan

Appendix No. 1

to the Order of the Government of the Republic of Armenia of January 5, 2022 No. 14

Accounting treatment for unauthorized constructions

1. The below-stated concepts used in this Procedure have the following value:

1) unauthorized construction – the construction established by part 1 of Article 188 of the Civil code of the Republic of Armenia irrespective of degree of its completeness;

2) the measurer – person who received the certificate on qualification of the cartographer, the surveyor, the measurer (accountant), the land surveyor according to the procedure, the stipulated in Clause 16 Laws RA "About state registration of the rights to property";

3) the customer – physical person or legal entity, the state body or local government body which addressed the measurer for accounting of unauthorized construction;

4) accounting packet – the documents constituted or No. 75-N, items 4 and 6 presents acquired by the accountant according to the order of the head of Committee of the inventory of April 8, 2021 About;

5) online office of measurement – the electronic online site implemented on the website www.e-cadastre.am by means of which the measurer loads accounting packet.

2. For accounting of the unauthorized construction which is not staying on the registry in Committee of the inventory, the customer addresses the measurer.

3. The measurer carries out works on shooting of the parcel of land, measurement of unauthorized construction and documentation of results according to requirements of the order of the head of Committee of the inventory of April 8, 2021 No. 75-H. At the same time, if unauthorized construction was performed on the parcels of land belonging to different owners, then the packet of accounting is constituted separately as regards each owner.

4. Also at least 4 and no more than 6 color photos which are accurately displaying number of storeys and all parties of construction are attached to the documents on completion of works specified in Item 3 presents of the Procedure.

5. After performance of works, specified in Items 3 and 4 of this Procedure, and creation of documents the measurer approves accounting packet with the customer.

6. After verification of all data of measurement packet by the customer if consent concerning accounting packet is reached, the customer and the measurer constitute and sign the agreement established by Appendix No. 2.

7. After agreement signature the measurer loads accounting packet into online office of measurement.

8. From the moment of loading of packet of accounting in online office of accounting and its confirmation the measurement code is created, and unauthorized construction is considered registered by Committee of the inventory what the customer is informed by the short message (SMS) on.

9. After accounting of unauthorized construction the accounting packet loaded into online office of accounting is not subject to editing.

10. In sense of this Procedure registered in Committee of the inventory as unauthorized construction is considered also the structure submitted for state registration within the terms established by Items 1-4 of part 3 of article 2 of the Law RA ZR-397-N "About modification and amendments in the Civil code of the Republic of Armenia", and also displayed in inventory documents of the real estate, the stipulated in Clause 2 Laws RA "About state registration of the rights to property" or in the single magazine of the state rights and restrictions on property as unauthorized construction.

Appendix No. 2

to the Order of the Government of the Republic of Armenia of January 5, 2022 No. 14

Form of consent of the customer with packet of accounting of unauthorized construction

Agreement on packet of accounting of unauthorized construction

__________________________________________________
(place of creation of the agreement)

______________________________________________
(year, month and day of creation of the agreement)

 I, ______________________________________________________________________________________________
          (name, middle name, surname, day, month, year of birth, residential address, series, number, year of issue
_____________________________________________________________________________________________________
 the passport or the ID card, in case of performance on behalf of the legal entity, state
_____________________________________________________________________________________________________
   body or local government body – also complete name of the legal entity, state
_____________________________________________________________________________________________________
       body or local government body, accounting taxpayer number, position, number
_____________________________________________________________________________________________________
                                                            mobile phone)

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