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The document ceased to be valid since  March 27, 2018 according to Item 3 of the Order of the Government of the Republic of Tajikistan of  March 27, 2017 No. 148

It is registered

Ministry of Justice

Republic of Tajikistan 

 On June 5, 2012 No. 361

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 31, 2012 No. 284

About approval of Rules of determination of objects of construction in progress (apartment houses and auxiliary objects) which can be involved in civil circulation

(as amended of the Order of the Government of the Republic of Tajikistan of 30.12.2015 No. 823)

According to item 4 of the Presidential decree of the Republic of Tajikistan of October 3, "About target use of the home parcels of land" the Government of the Republic of Tajikistan decides No. 1147:

1. Approve Rules of determination of objects of construction in progress (apartment houses and auxiliary objects) which can be involved in civil circulation (are applied).

2. To the relevant ministries, departments and local executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas determination of objects of construction in progress of apartment houses and auxiliary objects which can be involved in civil circulation, perform according to requirements of these rules and about results every half-year to inform Committee on architecture and construction under the Government of the Republic of Tajikistan.

Chairman

Governments of the Republic of Tajikistan Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of May 31, 2012 No. 284

Rules of determination of objects of construction in progress (apartment houses and auxiliary structures) which can be involved in civil circulation

1. General provisions

1. Rules of determination of objects of construction in progress (apartment houses and auxiliary structures) which can be involved in civil circulation (further - Rules) are developed for the purpose of realization of item 4 of the Presidential decree the Republic of Tajikistan of October 3, No. 1147 "About target use of the home parcels of land" and according to requirements of the Civil code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it", and also other regulatory legal acts.

2. In these rules the following basic concepts are used:

- incomplete construction objects (apartment houses and auxiliary structures) - all apartment houses and auxiliary constructions which are on personal plots of the earth the construction is not complete;

- the building - object of town-planning activities, consisting from the bearing, protecting or combined designs forming the closed amount intended for accommodation or stay of people depending on functional purpose and for accomplishment of different type of production processes;

- construction - object of town-planning activities, the volume sheet or linear construction system consisting from bearing. the protecting or combined designs, intended for accomplishment of production processes of different type, storage of materials, products, the equipment, for temporary stay of people. movements of people, loads and another;

- the project documentation - the subject of desire of physical person and legal entity or state of providing favorable conditions for life and human activity presented in in the form of architectural, town-planning and construction documentation (plans, graphical and text materials, engineering calculations and expenses);

- registration case of objects of construction in progress (apartment houses and auxiliary structures) - the document of the single state register of state registration of real estate and the rights to it containing originals of statements, including statements for state registration, and also the copy of the documents which are the basis for state registration concerning the specific real estate unit and also other documents provided according to the legislation of the Republic of Tajikistan;

- technical registration of property and the real estate - collection, recovery and processing of data on availability, the location, structure, the area and other characteristics, condition, real estate value on the basis of results of inspection of real estate in nature;

- technical registration of objects of construction in progress (apartment houses and auxiliary structures) - collection, recovery and processing of data on availability, the location, structure, the area and other characteristics, estimation (revaluation) of objects of construction in progress, real estate value on the basis of results of inspection of real estate in nature.

3. These rules determine objects of construction in progress (apartment houses and auxiliary structures) which are on the home parcels of land, regulate basis and procedure for involvement in civil circulation, and also state registration of apartment houses and auxiliary constructions of incomplete structures.

4. Involvement of objects of construction in progress (apartment houses and auxiliary structures) in civil turnover - all preserved construction objects which creation is authorized as residential and non-residential buildings according to the legislation of the Republic of Tajikistan, but are not complete, the having strong communications with the earth, assignment which location and the sizes are described in documents of the single state register of real estate and the rights to it, and also the certificate on objects of construction in progress has.

5. The certificate on objects of construction in progress (apartment houses and auxiliary structures) - the document determining the rights of physical person and legal entity to objects of construction in progress (apartment houses and auxiliary structures).

6. Objects of construction in progress (apartment houses and auxiliary structures) are recognized only in the presence of the following documents:

- the decision of local executive body of the government or the order of the Government of the Republic of Tajikistan resolving according to the Land code of the Republic of Tajikistan withdrawal of the parcel of land under construction; - architectural and planning task;

- specifications on engineering facilities of object;

- the act, the claiming right to use of the earth (The certificate on right to use by the earth);

- the project documentation on construction coordinated with local body of architecture and town planning;

- positive experimental testimony of the project documentation on the construction issued by Management of non-departmental state examination of construction projects of the Agency on construction and architecture under the Government of the Republic of Tajikistan;

- permission to production of construction works.

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