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RESOLUTION OF THE MINISTRY OF ARCHITECTURE OF THE REPUBLIC OF BELARUS

of May 10, 2011 No. 18

About rendering engineering services

(as amended on 03-06-2024)

Based on Item 2 of article 92 of the Code of the Republic of Belarus on architectural, town-planning and construction activities, subitem 5.21-1 of Item 5 of the Regulations on the Ministry of Architecture of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 973, the Ministry of Architecture of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for rendering engineering services in construction it (is applied).

2. Recognize invalid regulatory legal acts, separate structural elements of resolutions of the Ministry of Architecture of the Republic of Belarus according to the list according to appendix to this resolution.

3. This resolution becomes effective since June 9, 2011.

Minister

A. I. Nichkasov

Appendix

to the Resolution of the Ministry of Architecture of the Republic of Belarus of May 10, 2011 No. 18

List of invalid regulatory legal acts, separate structural elements of resolutions of the Ministry of Architecture of the Republic of Belarus

2. The resolution of the Ministry of Architecture of the Republic of Belarus of December 8, 2004 No. 27 "About approval of the Instruction about procedure for rendering engineering services in construction" (The national register of legal acts of the Republic of Belarus, 2005, No. 5, 8/11915).

3. The resolution of the Ministry of Architecture of the Republic of Belarus of December 31, 2004 No. 30 "About modification and amendments in Regulations on the customer (builder) in construction" (The national register of legal acts of the Republic of Belarus, 2005, No. 18, 8/12004).

5. Item 5 of the resolution of the Ministry of Architecture of the Republic of Belarus of April 1, 2005 No. 7 "About recognition voided some orders, modification and amendments in some regulatory legal acts of the Ministry of Architecture of the Republic of Belarus concerning carrying out the contract biddings on construction of facilities" (The national register of legal acts of the Republic of Belarus, 2005, No. 60, 8/12444).

6. Items 5 and 6 of the resolution of the Ministry of Architecture of the Republic of Belarus of July 24, 2006 No. 19 "About change, recognition voided some regulatory legal acts of the Ministry of Architecture of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2007, No. 53, 8/15892).

7. The resolution of the Ministry of Architecture of the Republic of Belarus of February 27, 2008 No. 12 "About modification of the Regulations on procedure for activities of the engineering organization exercising integrated management of the investment project in construction" (The national register of legal acts of the Republic of Belarus, 2008, No. 69, 8/18363).

8. The resolution of the Ministry of Architecture of the Republic of Belarus of March 28, 2008 No. 14 "About modification of the Instruction about the builder, the customer in construction" (The national register of legal acts of the Republic of Belarus, 2008, No. 95, 8/18585).

9. Items 1 and 2 of the resolution of the Ministry of Architecture of the Republic of Belarus of November 12, 2008 No. 49 "About introduction of amendments to some resolutions of the Ministry of Architecture of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 289, 8/19934).

10. The resolution of the Ministry of Architecture of the Republic of Belarus of May 29, 2009 No. 18 "About modification of some regulatory legal acts of the Ministry of Architecture of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 199, 8/21322).

11. The resolution of the Ministry of Architecture of the Republic of Belarus of April 30, 2010 No. 9 "About entering of amendment into the Instruction about the builder, the customer in construction" (The national register of legal acts of the Republic of Belarus, 2010, No. 132, 8/22377).

 

Approved by the Resolution of the Ministry of Architecture of the Republic of Belarus of May 10, 2011 No. 18

The instruction about procedure for rendering engineering services

1. This Instruction determines procedure for rendering by the engineer (the engineering organization) of engineering services to the customer, builder, and also regulates activities of the engineer (the engineering organization) in implementation process of the contract for rendering engineering services.

2. The engineer (the engineering organization) has the right to perform functions of the customer (part of its functions) if according to the legal acts and decisions specified in part one of Item 1 of article 91 of the Code of the Republic of Belarus about architectural, town-planning and construction activities the obligation of the customer is not provided to perform construction activities without involvement of the engineer (the engineering organization).

The builder involves the engineer (the engineering organization) to implementation of test authority, and also in need of rendering other engineering services, including in integrated management of construction activities.

3. Are not subject to transfer to the engineer (the engineering organization) of function of the customer, builder, specified in Item 3 of article 92 of the Code of the Republic of Belarus on architectural, town-planning and construction activities.

4. The choice of the engineer (the engineering organization) is performed with observance of requirements of the legislation on purchases, and also taking into account conditions, stipulated in Item the 5th article 91 of the Code of the Republic of Belarus about architectural, town-planning and construction activities.

5. The relations between the customer, the builder and the engineer (the engineering organization) are regulated by the contract for rendering engineering services.

6. The engineer (the engineering organization) starts rendering engineering services based on the contract for rendering engineering services if the agreement is reached on:

to the subject of the agreement, including list of engineering services;

to the rights and obligations of the Parties;

to contract price of services;

to procedure of payments;

to financing sources (on the construction objects financed fully or partially by means republican and (or) local budgets, including the state trust budget funds, and also state non-budgetary funds (further - budgetary funds), the external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus, the credits of banks of the Republic of Belarus under guarantees of the Government of the Republic of Belarus and regional, Minsk city executive committees, and also in case of construction of apartment houses (except for the means of foreign investors financed with use) - within the amount of the means provided by estimate documentation (estimate));

responsibilities of the parties;

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