of March 15, 2002 No. 274-IIQ
About approval of the Regulations on rules of preparation and approval of the documents connected with allocation of municipal lands
Millie decides Majlis of the Azerbaijan Republic:
1. Approve Regulations on rules of preparation and approval of the documents connected with allocation of municipal lands it (is applied).
President of the Azerbaijan Republic
Approved by the Law of the Azerbaijan Republic of March 15, 2002 No. 274-IIQ
This Provision establishes according to article 6.5 of the Law of the Azerbaijan Republic "About management of municipal lands" rules of preparation and approval of the documents connected with allocation of municipal lands for their transfer to property, use and lease.
1. Transfer to legal entities and physical persons of the lands which are in municipal property on the property rights and leases is performed based on the decision of municipalities and the prisoner between agreement parties.
2. The area of the municipal lands transferred to private property is established by municipality according to Articles 8.0.1 - 8.0.6 Laws of the Azerbaijan Republic "About management of municipal lands" taking into account the average land regulation falling per capita on the corresponding administrative and territorial unit, local conditions, density of population, amount of land resources and requirements connected with it on the next period.
3. The area of the municipal lands transferred lease is established by the relevant municipality taking into account the average land regulation having per capita on the corresponding administrative and territorial unit, local conditions, the main employment of the population, amount of land resources.
4. Municipal lands are transferred to use to the companies which are in municipal property, organizations and the organizations or in stipulated in Item the 10th this provision cases is direct in property to citizens of the Azerbaijan Republic, in other cases in property (lease) to physical persons and legal entities by means of the land biddings (tender) according to articles 9 and 10 of the Law of the Azerbaijan Republic "About management of municipal lands", articles 8 and 15 of the Law of the Azerbaijan Republic "About the land market" and this Provision.
5. Municipalities allocate in the territories the parcels of land in lease of legal entities and physical persons and in property of citizens and legal entities of the Azerbaijan Republic, and also for ensuring own needs and activities of municipalities according to the legislation and Items 2-4 of this provision for the purpose of use of municipal lands for personal plots and agricultural needs, construction of facilities of communication, industrial, transport and other facilities, private apartment and country houses, individual and cooperative garages, construction of necessary constructions for the purpose of implementation of business activity, and also construction of office and apartment multi-storey buildings.
5-1. Right to use by municipal lands can be granted only to the companies, organizations, the organizations which are in municipal property.
6. Municipalities allocate the parcels of land for the purposes specified in Item 5 of this provision according to the economic and land management plan of the territories, the master plan of the settlement, site plannings and buildings of the territory.
7. In the absence of site plannings and building of the territory municipalities for the purpose of refining of selection and allocation of the parcels of land for the placement or construction of facilities specified in Item 5 of this provision, and also construction of new residential quarters in case of need of construction of private apartment and country houses, individual and cooperative garages will organize based on the economic and land management plan of the territory, the master plan of the settlement according to regulations of town planning and building for the next period preparation and implementation of site plannings and building of the territory. Municipalities will approve site plannings and buildings of the territory with relevant organ of the executive authority. The relevant organ of the executive authority can make the offer on placement of objects from the architectural and planning point of view. The decision of municipality on transfer of the parcel of land to use to the companies which are in municipal property, organizations and the organizations or on its transfer to property to citizens of the Azerbaijan Republic for construction of the private apartment house, and also tendering (tender) for the purpose of its transfer to property (lease) to physical persons and legal entities, is accepted according to features of the site, and also zemleustroystvenny and town-planning documentation after receipt of the conclusion of relevant organs of the executive authority.
8. The parcels of land allocated for agricultural needs are drawn up according to the procedure, provided by Items 11, 13-23 and 25-27 this provision.
9. Selection of places of servicing, placement and construction of objects of seasonal nature (for up to four months) on the municipal lands which are in public use for the purpose of ensuring public requirements (public and household, entertaining, sports and other) the populations are performed based on the decision of municipalities or on contractual basis according to regulations and rules of town planning and architecture without application of procedure for allocation of lands. These objects shall not interfere with target use and rhythmical activities of the territory.
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