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LAW OF THE REPUBLIC OF ARMENIA

of May 26, 1998 No. ZR-217

About town planning

(as amended on 13-12-2022)

Accepted by National Assembly of the Republic of Armenia on May 5, 1998

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

This Law determines bases of town-planning activities in the Republic of Armenia and governs the relations connected with these activities.

Article 2. Town planning in the Republic of Armenia

1. The town planning in the Republic of Armenia is set of actions of the state, physical, legal entities and their associations for the purpose of creation or change of the favorable space circle for life activity which includes:

1) all types of comprehensive programs of social and economic development of the Republic of Armenia, its administrative and territorial units and their constituent parts, directions and priorities of forming of systems of resettlement, sustainable development of the territories and their target use, placement of production capacities, organizations, forecasting, programming and designing of engineering and transport and other infrastructures;

2) all types of designing and construction, reconstruction (including destructions), recoveries, strengthenings, upgrades of buildings, structures, and also improvements of the territories;

3) upkeep of buildings, structures according to requirements of legal acts, town-planning and normative and technical documents.

2. Living environment or the household circle is the space circle created by synthesis of the natural and artificial objects, phenomena and factors providing their interrelation which influences quality of human life, his psychological and physical feeling.

Article 3. Objects of town-planning activities

Objects of town-planning activities are:

a) territory of the Republic of Armenia;

b) territories of administrative and territorial units, their groups or sites of the Republic of Armenia;

c) settlements of the Republic of Armenia, their separate parts and zones, and also territories of shift, expeditionary, defense assignment, territory of customs servicing, gardening, country and other territories of functional purpose;

d) industrial, agro-industrial, hydrotechnical, energy, scientific and technical complexes and nodes;

e) town-planning, architectural, landscape complexes, rest areas and pastimes, resorts, water areas, reserves, especially protected zones, their systems and constituent parts;

e) separate parcels of land, buildings, structures, immovable historical and cultural monuments;

g) engineering and transport infrastructure;

h) town-planning documentation, including the samples of architectural and construction documents of reuse developed according to requirements of the procedure established by the Government, entered into application by the order of the head of authorized body of public administration in the field of town planning (except as specified, stipulated in Item " 1" of the third paragraph of article 6 of this Law).

Borders of the objects specified in the Items "a"-"zh" of this Article are determined and change according to the procedure, established by the law and other legal acts.

Objects of town-planning activities of the Republic of Armenia, proceeding from their amount, value, importance and complexity, and also safety of people and the environment, on risk degree are subdivided into five degrees (categories).

Article 4. Subjects of town-planning activities

Subjects of town-planning activities are the Republic of Armenia, local government bodies, physical persons and legal entities, individual entrepreneurs of the Republic of Armenia and foreign states, stateless persons, and also foreign states and the international organizations which can act as participants of town-planning activities (builders, authors of town-planning documents, persons performing examination of town-planning documents, performing construction, exercising test authority behind quality the constructions, persons rendering services in investigation and research of objects of town-planning activities, the faces exercising control of town-planning activities and responsible specialists).

The rights and obligations of subjects of town-planning activities are established by the law.

Chapter II. Real estate in the field of town planning

Article 5. 

Voided

Chapter III. Rights and obligations of subjects of town-planning activities

Article 6. Rights and obligations of the builder

As the builder (further - the builder), when implementing town-planning activities the user who is the owner of real estate or given the right of its change acts.

The owner of object of town-planning activities can use the object belonging to it only for purpose. The owner provides high-quality condition of operation of town-planning object according to requirements of the specifications and technical documentation.

Builders have the right:

a) according to the approved town-planning program documentation to choose objects of town-planning activities, to determine the amounts of investments, to attract on a contract basis authors of town-planning documentation of the objects and persons performing construction;

b) make changes to town-planning documentation on condition of observance of architectural and planning task, specifications, copyright regulations for implementation of such works which according to article 23 of this Law do not require permission to their construction;

c) in accordance with the established procedure to transfer the rights to other physical persons and legal entities;

d) appeal judicially the actions limiting them it is right in the field of town planning;

e) apply samples of projects of reuse of subjects to residential, public, production assignment which form the basis for construction programs and their financing (irrespective of financing source) if such condition is provided by works agreements on construction works and consulting services. At the same time the amount of financial assignments for construction programs (works, consulting services) performed on samples of projects of reuse at the expense of means of the government budget before the termination of binding (localization) of projects (in time, stipulated by the legislation or the agreement) is subject to calculation according to the procedures established by the regulating documents of system of pricing approved by authorized body of public administration in the field of town planning, and enlarged by indicators;

1) in the cases provided by works agreements the order, ownership, further application (use) of the projects of reuse ordered at the expense of means of the non-state budget can be performed by the same builder (customer) within other programs at own discretion only by project development of binding, without ensuring their approval and application with the order of the head of authorized body of public administration in the field of town planning, stipulated in Item "z" the first paragraph of article 3 of this Law. At the same time the builder (customer) has the right to provide samples of projects of reuse for binding to persons determined by its discretion on the conditions determined by its discretion.

Builders shall:

a) perform building in the procedure established by the law, according to the approved architectural and construction project (except as specified, provided by the Items "d" and "d. 1" of the third paragraph of this Article), based on construction permit;

b) reach the agreement on compensation of the caused damage with the subjects incurring losses as a result of building prior to the beginning of construction, and also during construction;

c) perform town-planning activities (except for the works which are not requiring construction permit, the stipulated in Clause 23 presents of the Law) it is exclusive according to the approved town-planning documentation;

d) architectural plan target for implementation of town-planning activities including to receive specifications of designing of basic data or engineering infrastructures from relevant organs of local self-government.

e) ceased to be valid according to the Law of the Republic of Armenia of 13.07.2011 No. ZR-226

e) provide examination of the town-planning documentation according to the procedure, established by the Government. The project organizations or persons participating in development of town-planning documents cannot perform or be involved in examination of the projects developed by them

The author of the project documentation can provide it for examination to person having the corresponding license if such condition is provided by the works agreement on project works.

Examination of the project documentation technically of the simple and small objects established by the Government in case of not contradiction to requirements of the legislation of the Republic of Armenia about examination of objects, under the mutual agreement of the builder and author of town-planning documentation can be replaced with the agreement of guarantee responsible for works on release of the project of the contractor about project compliance to requirements of the legislation of the Republic of Armenia and the specifications and technical documentation;

g) provide approval of the town-planning project documentation of concerned parties according to the procedure, established by this Law;

h) respect the copyright rules, provide in the procedure established by the law designer's service during practical project implementation of town-planning activities if the works agreement on project works fixes such requirement.

Rules of participation of the author during practical project implementation are established by the Government;

i) in the procedure established by the law to provide test authority behind quality of construction concerning works, stipulated in Item 3 parts 4 of article 21 of this Law.

In case of not contradiction to the requirements established by the legislation of the Republic of Armenia, engineering supervision of quality of construction technically of the simple objects established by the Government, for mutual consent of the builder and performing construction, can be transferred according to the warranty agreement of the responsible contractor of construction works, concerning compliance of construction works to requirements of the legislation of the Republic of Armenia, the approved project and normative and technical documents;

j) complete building in the terms established by the regulations of duration of construction of buildings and structures calculated for these town-planning activities and construction permit or destruction and to provide documentation of operation of complete construction object.

The obligations provided by this Article do not arise if the performed town-planning activities do not require construction permit according to article 23 of this Law;

k) with persons having the right of purchase of real estate from the building under construction previously to approve such changes of architectural and construction construction plans of object which lead to changes of parameters, plans of future imushchestvo burdened by the right, undertaking termination or change of agreements of the right of purchase of real estate from the building under construction.

In case of complete or partial transfer to the other person of the rights of the builder concerning the parcel of land occupied with the building under construction, construction and the building under construction, construction from the moment of state registration of the arising rights the acquirer is the builder (sozastroyshchik) established by this Article and bears following from this obligation, established by this Law and other laws, concerning participants of town-planning activities and the third parties.

Article 7.

Voided

Article 7.1. The rights and obligations of subjects of town-planning activities according to types of town-planning activities

1. The subject of town-planning activities constituting town-planning documents:

1) has the right:

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