ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 17, 2024 No. 513

About approval of the Regulations on procedure for establishment of constants and temporary bans on construction

Based on article 71 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 establishment of constants and temporary bans on construction 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 17, 2024 No. 513

Regulations on procedure for establishment of constants and temporary bans on construction

I. General provisions

1. The regulations on procedure for establishment of constants and temporary bans on construction (further - the Provision) provide the bases and procedure for establishment of constants and temporary bans on construction by means of documentation on arrangement of the territory and town planning.

2. This Provision establishes procedure for uniform implementation of the state control of observance of provisions of the legislation in case of establishment of constants and temporary bans on construction at development stage, approvals and approvals of documentation on arrangement of the territory and to town planning.

3. Requirements of this provision are subject to execution by all subjects participating in issue of town-planning certificates and construction permits, development of the concept and designing of constructions, construction, use and post-utilization of constructions, production and delivery of construction materials and products.

4. This Provision is applied by public authorities which competence includes development, approval and approval of documentation on arrangement of the territory and to town planning, including National inspectorate for test authority.

II. Bases for establishment of constants and temporary bans on construction

5. Permanent building bans are established in documentation on arrangement of the territory and town planning based on feasibility statements in case:

5.1. availability of risk of floodings and landslides;

5.2. deformations of the parcels of land as a result of landslides and heterogeneous sags;

5.3. availability of risk of radioactive, chemical or biological pollution;

5.4. availability of risk of explosion;

5.5. availability of risk of the fire;

5.6. availability of risk of exceeding of tolerance level of noise;

5.7. availability of the landscapes having special natural characteristics and potential of their valuable use;

5.8. in case of lands of water fund and the parcels of land adjoining to them, according to the legislation in the field of environmental protection;

5.9. in case of zones with seismic risk and risk of other types of natural disasters;

5.10. availability of the archaeological monuments included in the National archaeological register, which are subject to preservation / restoration based on the project approved with the Ministry of Culture;

5.11. the availability of mineral deposits confirmed with the conclusion of the Agency on geology and mineral resources;

5.12. the availability of risks for safety of flights confirmed with the conclusion Organa to civil aviation;

5.13. arrangements in zone of expropriation of the railway infrastructure which is behind line of the settlement, the objects which are not part of engineering procedure;

5.14. availability of risks of damage of road infrastructure (placement of constructions in close proximity to infrastructure of bridges, traffic interchanges) and availability of risk of causing damage of traffic safety by placement of constructions in close proximity to intersections in one level, behind line of settlements and on national public roads of categories M, R, G where ensuring visibility is necessary;

5.15. installation and operation in strips of protection of frontier of the technical means and constructions which are not provided for providing system of border control, except for hydraulic engineering constructions, and also constructions provided by international treaties.

6. The permanent building ban can be lifted based on the decision of local council made taking into account the feasibility statement constituted according to the legislation.

7. Temporary bans on construction are established in documentation on arrangement of the territory and town planning based on the feasibility statement in case:

7.1. need availability for development of separate types of documentation on arrangement of the territory and to town planning for the purpose of establishment of rules of building concerning the corresponding zones approved with the competent authorities provided in the Town-planning and construction code No. 434/2023, and approved by local council;

7.2. need availability for project development of conservation zones of historical and archaeological monuments for the purpose of the establishment of borders and rules of building concerning these zones approved with the Ministry of Culture and approved by local council;

7.3. need availability for development of the historical and architectural basic plan and the project of conservation zones of historical settlements and historic centers of settlements, the built-up protected zones of the settlements approved with the Ministry of Culture and approved by local council;

7.4. need availability for controlled regulation (branch) of storm waters in the main systems of water disposal (small bridges, bridges, drains etc.) in order to avoid flooding of households and/or accumulating of deposits on roads;

7.5. references to the public sphere of the parcels of land intended for certain types of use: pastures, haymakings, pastures;

7.6. lack of the ecological conclusion on documentation on arrangement of the territory and town planning issued within the procedure of strategic ecological assessment according to provisions of the Law No. 11/2017 on strategic ecological assessment;

7.7. identifications of zones with unexplored archaeological heritage for the purpose of carrying out their research and establishment of the mode of protection;

7.8. non-compliance with procedure for transfer of the parcels of land from one category in another, except for the parcels of land on which objects of agricultural infrastructure and structures for acceptance of tourists, according to provisions of the Land code No. 22/2024 are located;

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