ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 10, 2024 No. 489

About approval of the Regulations on procedure for issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value

Based on part (9) Article 107 and parts (3) and (5) article 156 of the Town-planning and construction code No. 434/2023 (The official monitor of the Republic of Moldova, 2024, Art. No. 41-44, 61) DECIDES: the Government

1. Approve Regulations on procedure for issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value it (is applied).

2. This resolution becomes effective since January 30, 2025.

Approved by the Order of the Government of the Republic of Moldova of July 10, 2024 No. 489

Regulations on procedure for issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value

Chapter I General provisions

1. The regulations on procedure for issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value (further – the Provision) establish procedure for provision of permission to accomplishment of project works, construction or demolition of the structures and elements of arrangement recognized as socially useful works of national value.

2. Applicant on receipt of permission for socially useful works of national value in value of this provision is the representative of the state acting from his name.

Chapter II Issue of the town-planning certificate for designing for socially useful works of national value

3. The beneficiary/investor of object concerning which socially useful works of national value were proclaimed through the representative authorized according to the law submits the application for receipt of the town-planning certificate for designing for socially useful works of national value (according to appendix No. 6) to public organization "Bureau on Arrangement of the Territory, Town Planning, Construction and Housing" (further – PU BOTGSZh) by means of the Automated management information system and issue of allowing documents (further – AIS UPRD) or on paper, and attaches the following documents:

3.1. the positive conclusion of the central industry body for cultural heritage – in case of works on repair, preservation, restoration and recovery of the historical monuments included in the List of the monuments of the Republic of Moldova protected by the state and also in case of new construction on their parcels of land and conservation zones. In case of issue of the conclusion it is considered and determined as far as accomplishment of these construction works is more important than impact on cultural heritage;

3.2. the copy of the act of the notification of the owner of the parcel of land or, in case of need, the act of the notification of the central or local body of public management, authorized to manage public property, about intention to begin project works;

3.3. the preliminary nature protection permission issued by results of provisional estimate of environmental impact for the planned activities specified in appendix No. 1 to the Law No. 86/2014 on environmental impact assessment or for works for which need of conducting ecological assessment according to appendix No. 2 to the specified law is established. If on projecting phase there are questions capable to influence partially project change and its environmental impact, it is necessary to renew nature protection permission taking into account the circumstances which arose during construction works;

3.4. the report on technical expertize constituted by the certified technical experts – in case of work on reconstruction, restoration, change or strengthening of the building or, depending on circumstances, its rooms;

3.5. preliminary technical and economic reasons / feasibility statement in case of carrying out construction/recovery work on national roads.

4. If the applicant submits the application for issue of the town-planning certificate for designing for socially useful works of national value on paper, PU BOTGSZh registers the received application in AIS UPRD and issues to the applicant the konstatatsionny reference according to the sample specified in appendix No. 3 to the Law No. 160/2011 on regulation of business activity by permission.

5. PU BOTGSZh within 2 working days from registration date directs applications to bodies of local public authority in the territory of which socially useful works of national value, request for creation and issue of permission which shall contain the following data are announced:

5.1. location of the parcel of land in limits or outside the built-up territory;

5.2. information from documentation on town planning and arrangement of the territory and/or provisions attached to it which set particular treatment concerning real estate/site object (the protected territories, temporary or permanent building bans, zones announced by zones of public interest, historical monuments, monuments of social significance, grave and military memorials, archaeological monuments), depending on circumstances, and other necessary data.

6. Bodies of local public authority in the territory of which socially useful works of national value are announced within 20 days constitute and send to PU BOTGSZh the conclusion according to appendix No. 1 with appendix of the following documents:

6.1. the plan of the site of immovable property / site with indication of its sizes/area;

6.2. the conclusions about provision of the parcel of land for placement, designing of objects as a result of participation in the commissions on the choice of the parcels of land if it is directly provided by the law on the announcement of public advantage.

7. Competent authorities of the central public management at the request of PU BOTGSZh within 20 days prepare and issue the following documents:

7.1. the conclusion issued by competent authority in the field of public health;

7.2. the conclusion issued by state supervision body behind fire precautions;

7.3. the conclusion (the technical instruction) of the managing director of road/railway infrastructure – in case of construction in the conservation zone of road/railway infrastructure public;

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