RESOLUTION OF THE MINISTRY OF ARCHITECTURE OF THE REPUBLIC OF BELARUS

of March 29, 2024 No. 21

About departure from requirements of construction regulations, provisions of construction rules, obligatory for observance

Based on Item 9 of article 30 of the Code of the Republic of Belarus on architectural, town-planning and construction activities, Item 2 of article 5 of the Law of the Republic of Belarus of October 28, 2008 "About bases of ministerial procedures" the Ministry of Architecture of the Republic of Belarus DECIDES: No. 433-Z

1. Approve Regulations on procedure for decision making on possibility of reasonable departures from requirements of construction regulations, obligatory for observance, provisions of construction rules it (is applied).

2. This resolution becomes effective since July 23, 2024.

Approved by the Resolution of the Ministry of Architecture of the Republic of Belarus of March 29, 2024 No. 21

Regulations on procedure for decision making on possibility of reasonable departures from requirements of construction regulations, provisions of construction rules, obligatory for observance

1. This Provision determines procedure for decision making about possibility of reasonable departures from requirements of construction regulations, provisions of construction rules, obligatory for observance, if their provisions became obligatory for observance according to Item 8 of article 30 of the Code of the Republic of Belarus on architectural, town-planning and construction activities (further - technical regulatory legal acts).

2. Action of this provision does not extend on:

constructed facilities of construction, except for their constructions in the developed building *;

the objects carried to immovable material historical and cultural values;

the objects requiring change of purpose of the parcel of land;

objects which placement in the territory of the respective area, the city of Minsk is made with departure from the approved town-planning project of the detailed planning performed according to Item 6 of article 24 of the Code of the Republic of Belarus on architectural, town-planning and construction activities.

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* For the purposes of this provision the developed building is understood as the territory (part of the territory) of the settlement with the built residential, production, utility, public facilities, engineering, transport infrastructure, improvement which change of functional use is not provided by the approved town-planning documentation and (or) decisions of local executive and administrative organs.

3. Departures from requirements of technical regulatory legal acts, obligatory for observance, are allowed in case of reconstruction, upgrade, major repair of objects of the first or fourth of classes of complexity at stage of development of the project documentation if other is not established in part two of this Item.

Departures from requirements of technical regulatory legal acts, obligatory for observance, in the developed building are allowed in case of construction and reconstruction of objects of the first or fourth of classes of complexity at preproject (pre-investment) stage in part:

distances from capital structures (buildings, constructions) to borders of the parcels of land;

distances between capital structures (buildings, constructions), engineering networks and constructions on them, distances from engineering communications and constructions on them to transport infrastructure (streets, roads, drives and squares), capital structures (buildings, constructions) (in any combinations), except for fire-proof gaps;

changes of parameters of cross direction profile of streets in borders of the actual transport infrastructure;

security with parking places.

4. For review departures from requirements of technical regulatory legal acts, obligatory for observance, in the cases specified in Item part one 3 this provision documents, stipulated by the legislation about ministerial procedures are submitted to the Ministry of Architecture.

5. In case of departure from requirements of technical regulatory legal acts, obligatory for observance, in the cases specified in parts two of Item of 3 this provision, acceptance, preparation for consideration of the applications and other documents of interested persons and (or) issue of executive decisions, adoption of executive decisions about refusal in adoption of statements of interested persons is performed by district (city) executive committees, local administrations of areas in the cities (further - local body).

The local body within three working days from the date of registration of a statement considers the documents submitted for implementation of ministerial procedure and:

sends them to the Ministry of Architecture for decision making about approval of departures from requirements of technical regulatory legal acts, obligatory for observance, by the cover letter in which the line item about possibility of adoption of such decision is specified;

refuses adoption of the statement in case of identification of the reasons for impossibility of adoption of the statement established in Item 1 of article 17 of the Law of the Republic of Belarus "About bases of ministerial procedures".

6. The documents submitted to the Ministry of Architecture are considered at meeting of section of scientific and technical council of the Ministry of Architecture (further - section NTS).

The structure of section NTS affirms the Minister of Architecture.

7. Section NTS by consideration of the documents submitted by the interested person performs assessment:

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