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The document ceased to be valid since April 2, 2015 according to item 4 of the Order of the Government of the Republic of Tajikistan of   April 2, 2015 No. 192

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 6, 2009 No. 282

About measures for implementation of the Presidential decree of the Republic of Tajikistan "About enhancement of the ministerial procedures connected with implementation of construction activities in the Republic of Tajikistan"

For the purpose of implementation of the Presidential decree of the Republic of Tajikistan of March 18, 2009, "About enhancement of the ministerial procedures connected with implementation of construction activities and the Republic of Tajikistan" the Government of the Republic of Tajikistan decides No. 638:

1. Approve the Procedure for passing of the ministerial procedures connected with implementation of construction activities in the Republic of Tajikistan according to appendix 1.

2. To the agency on construction and architecture under the Government of the Republic of Tajikistan in two-month time to develop and approve new regulations and samples of new documents, according to appendix 2 and to provide to the Ministry of Justice of the Republic of Tajikistan for registration.

3. To the ministries, departments and local executive bodies of the government to bring the regulatory legal acts into accord with this resolution.

 

Prime Minister

Republic of Tajikistan Emomalii Rahmon

Appendix 1

to the order of the Government of the Republic of Tajikistan of May 6, 2009 No. 282

Procedure for passing of the ministerial procedures connected with implementation of construction activities in the Republic of Tajikistan

I. General rules

1. The procedure for passing of the ministerial procedures connected with implementation of construction activities in the Republic of Tajikistan (further the Procedure) determines procedure for passing of the ministerial procedures connected with implementation of construction activities in the Republic of Tajikistan.

2. The procedure is performed by the principle of "single window".

The principle of "single window" provides with bodies of architecture and town planning of coordination and interaction with other authorized bodies for the purpose of receipt of the conditions, approvals, the conclusions necessary for issue of allowing documents, except for withdrawal of the parcel of land and conducting examination of the project documentation.

The choice and withdrawal of the parcel of land for production of construction works is performed according to the "Rules about withdrawal of the parcels of land for physical persons and legal entities" approved by the Government of the Republic of Tajikistan.

The procedures connected with carrying out expertizes of the project documentation are carried out after their approval of local authorities of architecture and town planning at the initiative of the customer according to this Procedure.

3. The procedure does not extend to the following objects:

a) on objects of historical and cultural heritage, and also on nature sanctuaries which use is regulated by the legislation on protection and use of historical and cultural heritage;

b) on the territories in which special state regulation of architectural, town-planning and construction activities is performed;

c) on procedures of suspension and preservation of objects incomplete construction;

d) on objects which process of construction are regulated according to international treaties and agreements.

II. The types of construction works requiring receipt of allowing documents

4. The physical persons and legal entities having according to the legislation of the Republic of Tajikistan right to use the parcel of land and which received the relevant allowing documents according to the procedure determined by Procedure have the right to production of construction works.

5. Allowing documents for production of construction works can be received in the regular or simplified procedure depending on work types.

Types of construction works on which production receipt of allowing documents regularly is required (and complete amount) are:

a) construction works in new objects;

b) production of construction works on the reconstruction (re-planning, re-equipment) connected with change of the bearing and protecting designs, engineering systems and the equipment of the existing objects more than one floor.

6. Types of construction works for which production allowing documents are issued in the simplified procedure are:

a) reconstruction (re-planning, re-equipment) of one-storey residential or non-residential premises (separate parts of the building) which are not connected with change of the bearing and protecting designs, engineering systems and the equipment, and also reshaping (change of functional purpose) of rooms;

b) temporary structures;

c) economic and household constructions in the territories of individual personal plots, owner-occupied dwellings, construction on sites of garden and gardening partnerships (societies), improvement elements in the house adjoining territories or personal (country) plots:

d) the re-planning (re-equipment) the room of non-productive assignment performed in the existing buildings and which is not requiring change of load-carrying structures;

e) small architectural forms and barrier of the territory:

g) open sports grounds, sidewalks, paving around buildings (constructions).

III. Bodies, authorized to issue allowing documents

7. Architectural tasks for construction of facilities are issued according to the procedure established by Procedure, local authorities of architecture and town planning.

8. The procedures connected with carrying out state examinations of the project documentation according to the procedure established by Procedure, exercise Control of non-departmental state examination of construction projects of the Agency on construction and architecture under the Government of the Republic of Tajikistan and its local authorities.

Other examinations of the project documentation established by the laws of the Republic of Tajikistan are carried out according to regulatory legal acts of the Republic of Tajikistan.

9. Permission to production of construction works is issued according to the procedure, established by Procedure local authorities of architecture and town planning.

10. Acceptance for operation of ready object is made by the State inspection appointed depending on the importance or construction cost, the object accepted in operation:

a) the government of the Republic of Tajikistan on representation of the central public authorities or local executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas;

b) central body of the state executive authority;

c) local executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, city of Dushanbe, cities and areas.

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