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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of June 14, 2023 No. 2186

About modification of the "Provision on the local executive authority" approved by the Presidential decree of the Azerbaijan Republic of June 6, 2012 No. 648, and the "Rules of implementation of the state town-planning control" approved by the Presidential decree of the Azerbaijan Republic of November 24, 2014 No. 375

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, for the purpose of ensuring execution of the Law of the Azerbaijan Republic of May 30, 2023 "About modification of the Town-planning and construction code of the Azerbaijan Republic" I DECIDE No. 889-VIQD:

1. In "Appendix to the "Provision on the local executive authority" approved by the Presidential decree of the Azerbaijan Republic of June 6, 2012 No. 648 (Collection of the legislation of the Azerbaijan Republic, 2012, No. 6, Article 542; 2013, No. 1, Article 29, No. 2, Article 117, No. 3, Article 246, No. 8, Article 909, No. 10, Article 1155, No. 12, Article 1514; 2014, No. 5, Articles 477, 487, No. 9, Article 1027, No. 12, Article 1577; 2015, No. 3, Article 271, No. 9, Article 1005, No. 11, Article 1322, No. 12, Article 1448; 2016, No. 2 (II book), Article 273, No. 5, Articles 859, 864, No. 8, Article 1384, No. 9, Article 1464, No. 10, Article 1647, No. 11, Article 1835; 2017, No. 3, Article 353, No. 4, Article 545, No. 5, Article 807, No. 8, Article 1521, No. 10, Article 1797; 2018, No. 2, Articles 191, 215, No. 3, Article 427, No. 4, article 659, No. 7 (I book), Article 1462, No. 10, article 2017, No. 12 (I book), Articles 2538, 2596; 2019, No. 3, Article 406, No. 4, Article 655, No. 5, Articles 820, 826, 848, 852, 857, No. 6, Article 1037, No. 12, Article 1936; 2020, No. 1, Article 7, No. 8, Article 1039, No. 10, Article 1247; 2021, No. 1, Articles 16, 36, No. 6 (I book), article 567, No. 8 Article 919, No. 11, Article 1211, No. 12, Article 1367; 2022, No. 1, Article 29, No. 4, Articles 302, 323, No. 5, Article 475, No. 6, Article 594, No. 8, Article 874, No. 10, Article 1142, No. 12, Articles 1411, 1428, 1441; The Presidential decree of the Azerbaijan Republic of April 10, 2023 No. 2095) to make the following changes:

1.1. state subitem 3.11.5 in the following edition:

"3.11.5. in case of identification of the following circumstances when implementing the state town-planning supervision at the local level, in writing recommends to the customer (contractor) suspension of construction works, informs the Ministry of Emergency Situations of the Azerbaijan Republic for suspension of construction works and sends all data on it to the State Committee on Urban Planning and Architecture of the Azerbaijan Republic and Public service on property questions under the Ministry of Economics of the Azerbaijan Republic:

1. non-compliance with requirements of documents for territorial planning;

2. not prevention of unauthorized construction works;

3. construction of construction object without construction license, watching the requirement of such permission;

4. and also construction of construction object to which notifying production, without the basis for construction works according to article 80.4 of the Town-planning and construction code of the Azerbaijan Republic is applied;

5. implementation of construction activities on the parcel of land which is in the state-owned or municipal property and is not allocated for the construction purposes;";

1.2. add with subitem 3.11.5-2 and Item 4.17-1 of the following content:

"3.11.5-2. exercises the state town-planning supervision at the local level in the cities, urban areas, including for the purpose of prevention of unauthorized construction works conducts distribution of territorial control on the administrative-territorial district and the local administrative-territorial district, appoints responsible persons from number of persons employed of the executive authority on this distribution of control, provides placement of contact numbers and e-mail addresses of these persons on the official Internet page of the executive authority.";

"4.17-1 The obligations and powers which are not relating to chief executives of the cities with district division:

4.17-1.1. the obligation provided by subitem 3.11.5-2 of this provision does not extend to chief executives of the cities with district division.".

2. In the "Rules of implementation of the state town-planning control" approved by the Presidential decree of the Azerbaijan Republic of November 24, 2014 No. 375 (Collection of the legislation of the Azerbaijan Republic, 2014, No. 11, Article 1415; 2017, No. 11, Article 2018; 2018, No. 2, Article 2018, No. 2, Article 218; 2020, No. 6, Article 692) to make the following changes:

2.1. to add Item 3.2 after the word "register" with the words "in electronic procedure";

2.2. "level" to add Item 4.3 after the word with words "non-compliance with requirements of documents of territorial planning, not prevention of unauthorized construction works," and in the specified Item of the word "within one working day in writing inform the Ministry" shall be replaced with words "within 1 (one) working day notifies the Ministry in electronic procedure and sends all information on it in electronic procedure to Committee and Public service on property questions under the Ministry of Economics of the Azerbaijan Republic";

2.3. state subitem 5.1.3 in the following edition:

"5.1.3. draw up the statement of the violations revealed in connection with discrepancy of construction object under construction to town-planning documents (to the existing detailed plan, and in the absence of such plan or in case of the expiration of its term - article 11 of the Code to the main conditions concerning possibility of issue of the construction license, including to the main conditions of zoning of the territories, detailed rules in connection with type and scale of construction and conducting construction works on adjacent sites in settlements), to give to architectural divisions of local executive bodies and municipality and to the Agency reasonable specifying, obligatory to execution, according to Appendix No. 1 of this Procedure, with indication of accomplishment term;".

3. Items 2.1 and 2.2 of this Decree (regarding submission of information electronically) become effective since January 1, 2024.

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