THE CODE OF THE REPUBLIC OF BELARUS ABOUT ARCHITECTURAL, TOWN-PLANNING AND CONSTRUCTION ACTIVITIES

of July 17, 2023 No. 289-Z

Accepted by the House of Representatives on June 28, 2023

Approved by Council of the Republic on June 30, 2023

General part

Section I. General provisions

Chapter 1. Basic provisions

Article 1. The main terms used in this Code and their determinations

1. For the purposes of of this Code the following main terms and their determinations are used:

1.1. designer's service - supervision of developer of the project documentation of observance of requirements of the project documentation in the course of construction;

1.2. architectural activities - activities for development of the preproject (pre-investment) and project documentation, implementation of designer's service;

1.3. the architectural and planning concept of construction object - the sketch providing visual idea of placement, physical parameters and esthetic qualities of construction object (further if other is not established, - object), with indication of the main technical and economic indicators, developed at preproject (pre-investment) stage;

1.4. the architectural project - the project documentation developed in case of two-phasic development of the project documentation, providing implementation of solutions of preproject (pre-investment) documentation, and also allowing documentation on development of the project documentation, construction, reconstruction, asset demolition, repair and restoration works (further - allowing documentation on construction);

1.5. improvement - set of the works and organizational and technical actions performed on construction site for the purpose of reduction of object in the condition suitable for operation, creating favorable conditions of life activity of the population, forming of full-fledged, esthetically expressive habitat;

1.6. construction - set of works and organizational and technical actions of which creation of object is result;

1.7. the prime contractor - the contractor in construction activities attracting to execution of separate liabilities of other legal entities and (or) individual entrepreneurs by the conclusion of contracts with them;

1.8. the general designer - the developer of the project documentation providing coordination of Sections of set of the project documentation including by means of attraction for execution of separate liabilities of subcontractors;

1.9. the state support in case of shared-equity construction - the support given to shareholders from among the physical persons staying on the registry of persons in need in housing improvement in case of construction by them premises in the form of provision of soft credits, one-time subsidies, subsidies for payment of part of interest for using the credits and subsidies for repayment of principal debt on the credits according to legal acts;

1.10. the state construction examination of town-planning projects, the project documentation (further - gosstroyekspertiza) - assessment procedure of compliance of object of gosstroyekspertiza to its subject;

1.11. town-planning activities - the activities for town-planning (territorial) planning, placement of objects and building of the territories performed taking into account historical and cultural, natural and other features of the territories;

1.12. town-planning (territorial) planning - development and approval of state programs in the field of architectural, town-planning and construction activities and town-planning projects;

1.13. the town-planning project - the system of project documents as a part of text and graphical materials determining the directions and conditions of use of the territories in case of town-planning (territorial) development planning of administrative and territorial units, settlements and their parts, other territories;

1.14. town-planning regulations - the requirements to building and use of the territories established by the town-planning project and registered in the state town-planning inventory of the Republic of Belarus (further if other is not established, - the town-planning inventory);

1.15. the declaration of safety - the document accepted by the customer, the builder concerning the object completed by construction before its acceptance for operation, developer of the project documentation - concerning the project documentation on construction of object before its approval by the customer, builder, confirming providing the safety requirements determined by requirements of technical regulatory legal acts, obligatory for observance;

1.16. documentation on standard building constructions, construction products, construction nodes - system of project documents on the building constructions, construction products, construction nodes of objects which are selected from among developed analogs or specially developed for repeated use in construction;

1.17. the shareholder - the legal entity or physical person which signed the contract of creation of object of shared-equity construction with the builder in case of shared-equity construction of objects;

1.18. lifecycle of object - the period during which prospecting works, development of the preproject (pre-investment) and project documentation, construction of object, preservation of object of construction in progress, operation, repair, reconstruction, upgrade, technical upgrade, asset demolition are performed;

1.19. the customer - the legal entity or physical person performing construction activities with obligatory involvement of the contractor, with attraction or without involvement of the engineer (the engineering organization) based on agreements;

1.20. builder - the legal entity or physical person financing construction activities, and also performing construction of facilities for own needs independently with involvement of the engineer (the engineering organization), with attraction or without attraction for accomplishment of separate work types of the contractor based on agreements;

1.21. the builder in case of shared-equity construction of objects - the legal entity raising money of shareholders for construction of facilities of shared-equity construction by own forces and (or) with involvement of the third parties by the conclusion of agreements of creation of object of shared-equity construction;

1.22. the applicant of gosstroyekspertiza - the customer, the builder, the engineer (the engineering organization) when rendering engineering services who filed in body of gosstroyekspertiza petition for carrying out gosstroyekspertiza and issue of the conclusion of gosstroyekspertiza;

1.23. zoning of the territories - allocation in case of town-planning (territorial) planning of the territorial zones determined by preferential functional use of the territories of settlements and other administrative and territorial units with establishment of town-planning regulations;

1.24. depreciation of object, its parts - process of deterioration in indicators of functional performance of object, its parts eventually;

1.25. prospecting works - the engineering researches aimed at providing architectural, town-planning and construction activities with results of complex studying of natural and technogenic conditions of the territories (water areas). Prospecting works are performed at all stages of architectural, town-planning and construction activities;

1.26. the engineer (the engineering organization) - the legal entity, the individual entrepreneur involved by the customer, the builder to rendering engineering services;

1.27. the engineering and transport infrastructure providing minimum necessary level of the plumbing system of the parcels of land - capital structures (buildings, constructions), their parts, engineering electric utility power grids, networks of water supply, street road net (streets with the traffic area provided with advanced covering, pedestrian sidewalks with hard surface);

1.28. engineering infrastructure - set of engineering networks and other objects, their parts, the isolated rooms providing giving of resources (water, energy, information and other resources) on objects of consumption and in case of need assignment of the used resources;

1.29. the contractor of gosstroyekspertiza - body of gosstroyekspertiza which according to the address of the applicant of gosstroyekspertiza carries out gosstroyekspertiza;

1.30. executive documentation - set of the documents (executive drawings, schemes of executive shootings, the sizes, results of prospecting works, acts for the hidden works, magazines of works and other documentation) reflecting the actual execution of project decisions and actual position of objects and their parts in process of completion of the works determined by the project documentation;

1.31. capital structure (the building, construction) - the structure (the building, construction) firmly connected with the earth or which is underground which movement is impossible without causing damage of its integrity and (or) to functional purpose;

1.32. major repair - set construction, commissioning and organizational and technical actions for recovery of the technical, functional and consumer performance of object lost in use performed by recovery (strengthening), improvement and (or) replacement of separate designs, details, the technical equipment of object including using new materials and technologies;

1.33. preservation of object of construction in progress - set of the works and organizational and technical actions performed based on the made decision on preservation, aimed at providing safety of object of construction in progress on which the construction is stopped or suspended for the term of more than three months in a row;

1.34. red lines - the conditional lines established by the town-planning project of detailed planning for department in settlements of lands public from the territories intended for building or other use provided by the town-planning project of general planning;

1.35. lines of regulation of building - the conditional lines established by the town-planning project of detailed planning for department in settlements of the territories within which placement of objects, from other territories shall be performed;

1.36. the main engineering infrastructure - engineering networks, capital structures (buildings, constructions), their parts, the isolated rooms and other objects transporting en route resources to places of their accounting and distribution in regions (quarters) of apartment block to the building territories the objects which are not relating to the apartment, one-apartment, blocked apartment houses (further - other objects), and also the buildings which are taking away from regions (quarters) of apartment block, the territories other objects the used resources;

1.37. minimum necessary objects of social infrastructure - objects of organizations of preschool and general secondary education, the organizations of health care (drugstores and objects of the organizations providing medical care in out-patient conditions), objects of mail service, shopping facilities and subjects to consumer services;

1.38. upgrade - set of building and construction works (including the device of new engineering systems and the equipment in objects, their parts, transfer and (or) installation of partitions without change of purpose of objects in their existing dimensions, engineering and transport communications), commissioning and organizational and technical actions connected with increase in consumer qualities of objects, engineering and transport communications, their parts and (or) elements, reduction of operational indicators to the level of requirements of technical regulatory legal acts, obligatory for observance;

1.39. public discussion in the field of architectural, town-planning and construction activities (further - public discussion) - complex of the events held by the organizer of public discussion and providing informing legal entities and physical persons on the developed town-planning project, the architectural and planning concept of construction object, and also possibility of expression by participants of public discussion of the relation to the decisions containing in these the project, the concept;

1.40. gosstroyekspertiza object - the town-planning project, the project documentation, including with made to them changes which are subject to gosstroyekspertiza;

1.41. object of shared-equity construction - the part of construction object representing residential and (or) non-residential rooms in the apartment or blocked apartment house the single-family apartment house and (or) parts of other real estate units taking into account the engineering and transport infrastructure falling to them according to the legislation the share, improvement and gardening of the territory which construction is provided by the agreement of creation of object of shared-equity construction and is performed according to the project documentation;

1.42. construction object - the built capital structure (the building, construction), and also capital structure (the building, construction), including linear constructions (roads, elements of street road net, the railroads, the subways, power lines, communication lines, pipelines, channels), their parts, engineering and transport communications, their parts on which architectural, and (or) town-planning, and (or) construction activities, objects of construction in progress, immovable material historical and cultural values on which repair and restoration works are performed are performed;

1.43. construction object in case of shared-equity construction - one built apartment house (several built apartment houses), the engineering and transport communications relating to it, other objects;

1.44. subjects to recreational and improving assignment - the real estate units intended for recreation, improvement, rest, tourist areas, and also zones of recreation of water objects (beaches);

1.45. organizational and technical actions - complex of the actions directed to the organization of asset construction and providing according to technical regulatory legal acts safe performance of works on object;

1.46. construction queue - the part of object determined by the project documentation which can independently be operated and ensure among other safety of operation of object, production, rendering services, from which start-up complexes can be allocated if necessary;

1.47. damage of object, its parts - the defect which is formed as a result of climatic, mechanical, chemical or other impacts;

1.48. the contractor - the legal entity, the individual entrepreneur having the right to implementation of construction activities and who signed the construction contract with the customer, the builder, the engineer (the engineering organization) for the purpose of implementation of these activities;

1.49. gosstroyekspertiza subject - requirements of regulatory legal acts, including requirements of technical regulatory legal acts, obligatory for observance, in the field of architectural, town-planning and construction activities, on compliance to which gosstroyekspertiza object assessment is carried out;

1.50. preproject (pre-investment) documentation - set of documents on results of the pre-investment researches preceding acceptance by the investor, customer, builder of the decision on implementation of the investment project on asset construction about adjustment of investment intention or about refusal of further implementation of the investment project;

1.51. suspension of construction - the temporary termination of accomplishment of building and construction works on the circumstances which are not connected with technological breaks in construction activities which does not involve obligatory agreement cancelation of the construction contract;

1.52. the project recommended for repeated application - the developed project documentation on construction of apartment houses, subjects to welfare, production, agricultural and household purpose which technical and economic indicators satisfy to standard consumer qualities and social standards, recommended by the Ministry of Architecture for repeated application;

1.53. the project documentation - the interconnected project documents conforming to the established requirements to their registration, forming basis for construction, reconstruction, upgrade, technical upgrade, major repair, asset demolition and representing the architectural project and (or) the construction project, and also the scientific project documentation on accomplishment of repair and restoration works on material historical and cultural values (further - the scientific project documentation);

1.54. production infrastructure - subjects to production assignment, including the engineering and transport communications providing production, storage and sales of goods, performance of works, rendering services;

1.55. start-up complex - the part of object determined by the project documentation intended for servicing of object of basic purpose which can independently be operated and ensure among other safety of its operation;

1.56. developer of the town-planning project - the legal entity involved by the customer for development of the town-planning project and having the right to implementation of this type of activity;

1.57. developer of the project documentation - the legal entity, the individual entrepreneur involved by the customer, the builder to development of the project documentation and having the right to implementation of this type of activity;

1.58. allowing documentation on construction - documentation issued by local executive and administrative organs according to the procedure, determined by the legislation on ministerial procedures, to the customer, the builder, the engineer (the engineering organization) in case of the conclusion of the contract for rendering engineering services in integrated management of construction activities;

1.59. the region (quarter) of apartment block - the part of the territory of the settlement which is taken away under construction of the apartment, one-apartment, blocked apartment houses and provided with the corresponding objects of engineering and social infrastructure. Borders of the area (quarter) of apartment block are determined by the town-planning project;

1.60. the region (quarter) of individual apartment block - the part of the territory of the settlement which is taken away under construction of the one-apartment, blocked apartment houses and economic constructions in the house adjoining territory and provided with the corresponding objects of engineering and social infrastructure. Borders of the area (quarter) of individual apartment block are determined by the town-planning project, and in case of its absence - the architectural and planning concept of construction object;

1.61. distribution engineering infrastructure - engineering networks, capital structures (buildings, constructions), their parts, the isolated rooms and other objects providing resource allocation from the place of their accounting and distribution to sites of placement of specific objects of consumption in the region (quarter) of apartment block in the building territories other objects;

1.62. distribution transport infrastructure - streets of local value and transport constructions placed on them;

1.63. reconstruction - set construction, commissioning and organizational and technical actions directed to use of object for new assignment and (or) connected with change of its main technical and economic indicators and parameters; for the main engineering infrastructure, distribution engineering infrastructure, transport infrastructure and constructions on them - change of their handling capacity, the direction and (or) the location (replacement of their sites);

1.64. repair - set construction, commissioning and organizational and technical actions for recovery lost in use technical, operational, consumer and to improvement of esthetic qualities of object, rectification of faults and the defects, to the prevention of its depreciation which are not relating to reconstruction, performed including using new materials and technologies;

1.65. repair and restoration works - set of the works and actions performed on immovable material historical and cultural values for the purpose of ensuring their preserving on the basis of the scientific project documentation taking into account the features and requirements established by the legislation on culture;

1.66. republican databank of objects analogs on construction of facilities - the organizational and technical system including the database containing space-planning, technical and technology solutions, cost and other indicators of objects, individual for each object and average for set;

1.67. republican fund of the project documentation - the systematized meeting of sets of copies of project documents (the standard projects, projects recommended for repeated application, documentation for standard building constructions, construction products, construction nodes, individually developed project documentation);

1.68. the system of production supervision - complex of the organizational and technical events held on all implementation phases of works in construction of production of the construction materials, construction products and building constructions confirming capability of legal entities and individual entrepreneurs to perform works, to make the construction materials, construction products and building constructions which are not subject to obligatory confirmation of conformity;

1.69. system of resettlement - naturally formed or purposefully created network of settlements combined on the basis of optimization of space, commercial, social and other ties;

1.70. estimate documentation (estimate) - the interconnected documents which are part of the project documentation, determining the size of the money necessary for asset construction and (or) queue of construction, start-up complex;

1.71. demolition - the release of construction site from the objects which are in process of their construction or operation, their parts, performed by their destruction, dismantling and (or) dismantle of designs;

1.72. social infrastructure - objects of social and household purpose, their part, including objects of the organizations of education system, culture, health care, physical culture and sport, shopping facilities, objects of public catering, consumer services, housing and communal services, their part and other objects providing life activity of physical persons;

1.73. construction activities (construction) - activities for accomplishment of prospecting works, preparation of allowing documentation on construction, to rendering engineering services, accomplishment of setup, construction and other works on construction site (object) in case of construction, reconstruction, upgrade, technical upgrade, repair, asset demolition, repair and restoration works and mounting of all types of the equipment, preservation of object of construction in progress;

1.74. building construction - the part of object which is carrying out certain bearing, protecting, and in open form - esthetic functions;

1.75. the construction site - the parcel of land provided for construction and (or) servicing of object including with the real estate units located on it not preserved by objects of construction in progress, objects, their parts on (in) which is performed construction activities;

1.76. construction product - the product intended for application as element of building construction of object, its part;

1.77. building and construction works - the works performed on construction site (object) in case of construction, reconstruction, upgrade, technical upgrade, repair, asset demolition, repair and restoration works and mounting of all types of the equipment, preservation of object of construction in progress;

1.78. construction material - the material intended for creation of building constructions and production of construction products, and also for accomplishment of protective finish coats of object, its part;

1.79. the construction project - the project documentation providing implementation of solutions of preproject (pre-investment) documentation, the approved architectural project and (or) technical solutions on object, necessary for accomplishment construction, commissioning, ensuring construction with the equipment, construction products and construction materials;

1.80. subcontractor - the legal entity, the individual entrepreneur having the right to implementation of separate types of construction activities, who signed the agreement of sub contracting on accomplishment of separate types of building and construction works with the prime contractor;

1.81. subcontractor in case of development of the project documentation - the legal entity, the individual entrepreneur having the right to implementation of separate types of architectural activities, who signed with the general designer the agreement of sub contracting on accomplishment of separate Sections (parts) of the project documentation, types (stages) of project works and (or) on implementation of designer's service according to separate Sections (parts) of the project documentation, types (stages) of project and prospecting works;

1.82. the scheme of the site planning of the area (quarter) of individual apartment block - the town-planning project of detailed planning of narrow structure of documents (drawings, schemes, basic data) according to the layout of the territory of part of the settlement up to 10 hectares, certain for individual housing construction;

1.83. running repair - set construction, commissioning and organizational and technical actions for the prevention of depreciation, rectification of faults and defects, improvement of the esthetic qualities of object performed including using new materials and technologies;

1.84. the territory - the limited space having one or several elements of the habitat and intended for implementation of architectural, town-planning and construction activities, including the territories of settlements, the territories which are between settlements outside their borders (line) (further - the mezhselenny territories), and the territories intended for building or other use;

1.85. technical upgrade - replacement of processing equipment on object, including with accomplishment of the accompanying works on the device of the bearing bases under the equipment, laying or replacement of separate engineering systems in borders of this object, to the device of partitions, the finishing and other work connected with functioning of processing equipment within bearing capacity of designs of object the ensuring safety of its operation;

1.86. test authority - supervision of compliance of the performed works, the applied construction materials, construction products, building constructions to requirements of technical regulatory legal acts, obligatory for observance, and the project documentation;

1.87. maintenance of object - complex of organizational and technical actions for maintenance in proper technical condition of object, its part in the course of their operation by elimination of insignificant defects, ensuring the set parameters and operating modes, adjustment and regulation of engineering systems, performance of works on preparation to spring and summer and autumn winter to the periods;

1.88. technical condition of object, its part - set of the properties characterizing at the time of inspection degree of compliance of object, its part to requirements of technical regulatory legal acts, obligatory for observance, and the project documentation;

1.89. the standard project - the project documentation approved by the Ministry of Architecture for the purpose of repeated use and which is basis for development of the project documentation, including estimate documentation (estimate) on specific object taking into account engineering-geological conditions of construction site, engineering and transport infrastructure, the choice of construction materials, building constructions and the equipment, requirements of technical regulatory legal acts;

1.90. transport infrastructure - set of the transport communications and constructions intended for movement of vehicles, pedestrians, movement of passengers, baggage and loads including products, ensuring operation, storage, maintenance and repair of vehicles;

1.91. street road net - the object of transport infrastructure which is part of the territories of settlements and intended for movement of vehicles and pedestrians, streamlining of building and laying of engineering communications and also for ensuring transport and pedestrian communications of the territories of settlements;

1.92. the expert of gosstroyekspertiza (further - the expert) - the disinterested physical person appointed and (or) involved by the contractor of gosstroyekspertiza which has necessary special knowledge, the experiment and qualification in the corresponding direction of architectural, town-planning and construction activities confirmed with the certificate of competence carries out assessment of conformity of object of gosstroyekspertiza to its subject, constitutes the conclusion of gosstroyekspertiza;

1.93. the operational organization - the specialized organization created for the purpose of operation and servicing (ensuring working capacity) of objects of engineering, transport infrastructure.

2. For the purposes of of this Code the term "investor" is used in the value determined by the Law of the Republic of Belarus of July 12, 2013 No. 53-Z "About investments", the terms "the scientific project documentation on accomplishment of repair and restoration works on material historical and cultural values" and "restoration" - in the values determined by the Code of the Republic of Belarus about culture.

3. Determinations of other terms contain in individual clauses of this Code.

Article 2. Principles of implementation of architectural, town-planning and construction activities

Architectural, town-planning and construction activities are performed on the basis of the following principles:

providing the equal rights of subjects of architectural, town-planning and construction activities;

informing public on architectural, town-planning and construction activities;

comprehensive accounting of the state, public and private interests, ensuring their maximum observance when implementing architectural, town-planning and construction activities;

providing the rights of land users, owners (owners, users) the operated objects concerning performance of works within architectural, town-planning and construction activities;

quality assurance of development of the project documentation and performance of works in construction activities;

safety of objects for life and health of physical persons, safety of property of legal entities and physical persons, the environment;

providing to disabled people, and also physically weakened faces of conditions for easy access to objects of social, transport, production, engineering infrastructure;

priority of protection of historical and cultural values;

ensuring complex development of the territories on the basis of town-planning (territorial) planning and zoning;

ensuring the balanced accounting of ecological, economic, social and other factors when implementing architectural, town-planning and construction activities;

rational use of the territories for increase in efficiency of building.

Article 3. Classes of complexity of objects

1. Objects are classified by five classes of complexity. The highest class of complexity of object - the first class, the lowest class of complexity of object - the fifth class.

2. Reference of object to specific class of complexity is performed by the customer, the builder together with developer of the project documentation according to the classification of objects established by construction regulations. The class of complexity of object is specified in the project documentation.

Article 4. Insurance when implementing architectural and construction activities

In case of development of the project documentation, construction, reconstruction, upgrade, technical upgrade, major repair of object, repair and restoration works, rendering engineering services by legal entities, physical persons, including individual entrepreneurs, can consist on the terms of the rules of voluntary insurance approved by the insurer or merging of the insurers, agreements of voluntary insurance:

construction risks;

the civil responsibility of the organizations creating the increased danger to people around;

the civil responsibility for damnification in connection with implementation of professional activity;

by other types of voluntary insurance which are not relating to life insurance.

Article 5. Copyright objects in the field of architectural, town-planning and construction activities

1. In the field of architectural, town-planning and construction activities copyright objects, including works of architecture (architectural projects, drawings and other), town planning (town-planning projects) and landscape gardening art can be created and used (architectural and planning tasks, construction projects of subject to gardening, projects of landscape and other).

2. The relations connected with creation and use of objects of copyright in the field of architectural, town-planning and construction activities are regulated by the legislation on copyright and the related rights.

Article 6. Legal regulation of the relations in the field of architectural, town-planning and construction activities

1. The relations in the field of architectural, town-planning and construction activities are regulated by the legislation in the field of architectural, town-planning and construction activities, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

2. The legislation in the field of architectural, town-planning and construction activities is based on the Constitution of the Republic of Belarus and consists of of this Code and other acts of the legislation.

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