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LAW OF THE REPUBLIC OF MOLDOVA

of November 2, 2000 No. 1350-XIV

About architectural activities

(as amended on 21-09-2017)

The parliament adopts this ordinary law.

Chapter I General provisions

Article 1. Purpose and tasks of the law

(1) the Main objective of this law is effective development of national architecture, preserving its traditional color and determination of role of the architect author as dominant person in the course of architectural activities.

(2) the Law governs the relations within architectural activities, determines forms of support of architectural activities by the state and competence of bodies of the central and local public authority in architecture and town planning, confirms copyright of the architect, establishes the main objectives, the rights and obligations of the physical persons and legal entities participating in architectural activities.

(3) the Law extends to all forms of architectural activities in the course of which the architectural work, and also on all blueprint stages and constructions in which the result of intellectual activities of the architect is used is created.

(4) Requirements of the law are obligatory for all physical persons and legal entities concerning creation and use of the architectural work.

Article 2. Determinations

The main terms and concepts applied in this law mean the following:

the architect - the physical person realizing the profession in the field of architecture and town planning irrespective of specialization and post using in the activities of knowledge gained in special higher educational institution which diploma is recognized valid the Republic of Moldova;

architectural activities - the activities for creation of architectural objects including creative process of search of architectural concept and its embodiment, coordination of development of all Sections and project stages on town planning and construction (new construction, reconstruction, restoration, recovery, updating, major repair), designer's service over the objects which are in implementation phase, implementation of scientific research, teaching work, and also execution of functions of public administration in the field;

subjects of architectural activities - the physical persons and legal entities which are directly engaged in architectural activities, authors of architectural works, and also persons working under their direct management: designers, customers, investors, contractors, owners of objects of architecture;

architectural concept - creative intention of the author of the architectural work concerning external and interior, the space, planning and functional organization, materialized in architectural part of the project and in the finished architectural object;

architectural object - the town-planning object, the building, complex of constructions, subject to improvement or landscape gardening art realized on the basis of the project and working documentation;

the architectural work - the work of architecture, town planning and landscape gardening art which is result of the architectural activities performed under direct management of the architect author;

the project - the project documentation for realization of architectural objects containing complex of social, economic, functional, production, technical, improvement and fire-proof, sanitary and hygienic, environmental and other requirements in the amount necessary for development of working documentation.

Article 3. Support of architectural activities by the state

The state provides creation of the corresponding conditions for implementation of architectural activities in the way:

a) supports of scientific research in the field of architecture and town planning;

b) investment attraction in designing and construction of architectural objects;

c) preparation and advanced training of personnel in the field of architecture and town planning;

d) copyright protection and ensuring freedom of works of architects;

e) carrying out tenders, including international, for creation of objects of special town-planning and architectural value;

f) supports of activities of the public professional and creative organizations of architects;

g) encouragement of architects for special merits in the field of architecture and town planning;

h) implementation of other measures for development of national architecture.

Chapter II Implementation of architectural activities

Article 4. Complex of works on creation of architectural object

(1) Creation of architectural object provides accomplishment of the complex of works including preproject works, reasons for investments, search of architectural concept, development, approval and approval of the project and working documentation, realization and acceptance of object in operation in accordance with the established procedure.

(2) Project development is performed according to the standards, regulations and rules established by body of the central public management in the field of architecture and town planning.

(3) Approval and approval of the project are performed according to the regulations established by the law.

Article 5. Architectural and town-planning tenders

(1) for the purpose of the choice of the best architectural concept development of the project documentation can be performed on the basis of architectural and town-planning tenders.

(2) Architectural and town-planning competitions will be organized and carried out by the customer or the investor.

(3) Architectural and town-planning competitions are held without fail in cases:

a) placements and designings of objects of national, district, municipal value, and also the objects located in the zones adjoining national roads, financed both from public means and from other sources;

b) reconstruction, recoveries, updating, re-equipment or implementation of other works assuming change of volume and space solutions of monuments of architecture, history and culture of national value irrespective of their pattern of ownership.

(4) the Procedure for the organization and condition of carrying out architectural and town-planning tenders are determined by the provision approved by body of the central public management in the field of architecture and town planning.

Article 6. Architectural town-planning councils

(1) For joint discussion of architectural, town-planning and technical solutions on architectural objects of local value under local authorities of architecture and town planning the architectural town-planning councils performing the activities according to the regulations on them approved by body of local public authority in coordination with body of the central public management in the field of architecture and town planning can be created.

(2) the Conclusion of architectural town-planning council is obligatory in case of placement and determination of space planning solution of all subjects to social and public assignment in the settlements which do not have town-planning documentation and objects for which the town-planning certificate provides development of the detailed town-planning plan, and also the objects located in administrative zones of settlements, parks, squares, green courts of honor and so forth.

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