Approved by the Law of the Azerbaijan Republic of June 29, 2012, No. 392-IVQ

TOWN-PLANNING AND CONSTRUCTION CODE OF THE AZERBAIJAN REPUBLIC

Section I. General provisions

Chapter 1. Town-planning and construction legislation

Article 1. Purpose of the town-planning and construction legislation

The town-planning and construction legislation of the Azerbaijan Republic determines the legal basis, the principles, town-planning and construction activities, and also the right and obligation of the state, municipalities, physical persons or legal entities in the field of town-planning and construction activities.

Article 2. Town-planning and construction legislation of the Azerbaijan Republic

2.1. The town-planning and construction legislation of the Azerbaijan Republic consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, of this Code and other regulatory legal acts.

2.2. The relations arising in the Alyatsky free economic zone in the field of town planning and construction are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 3. The basic concepts used in this Code

3.0. In this Code the following basic concepts are used:

3.0.1. town-planning activities - activities for determination of the directions of the general space concept of the territory or territorial sites of the Azerbaijan Republic and land use, the layout, building and improvement of the territories, forming and developments of system of settlements, regulation of employment of the population, environmental protection, historical landscape and historical and cultural monuments;

3.0.2. system of settlements - the organization of the cities and other settlements from the space point of view for the purpose of providing people to conditions for healthy and safe life, work and rest, and also protection and recovery of the environment;

3.0.3. zoning - zoning of the territories with establishment of requirements to their functional purpose, and also their landscape organization and building;

3.0.4. territorial zones - zones for which in documents of territorial planning borders are determined and are established regulations of type and conditions of land use, scales of construction, and also land use;

3.0.5. zones with special conditions of use of the territory - security, sanitary and sanitary protection zones;

3.0.6. red lines - the borders provided by town-planning documentation separating the territories of residential districts, quarters, and also other elements in planning structure streets and squares.

3.0.7. building development coefficient - the relation of the built-up part of the territory to total area of the planning territory;

3.0.8. territory housing density coefficient - the relation of total area of land floors of buildings and constructions to total area of the planning territory;

3.0.9. construction activities - the activities performed for the purpose of construction (construction, routine maintenance and overhaul repairs, reconstruction, recovery) or demolition of construction objects;

3.0.10. construction objects - the buildings or constructions created or created in the course of construction activities;

3.0.11. the building - the construction object having the closed volume and space design, provided for accommodation, activities of people, protection against natural impacts, provision by it of social, cultural and household services, and also placement of floor spaces or storage of material values.

3.0.12. construction - the other construction objects having certain functional purpose and which are not considered as the building (roads, bridges, crosswalks, tunnels, hydraulic engineering constructions, dikes, load-carrying structures, systems of engineering and communication providing, etc.);

3.0.13. technically difficult construction objects - buildings or constructions, designing and which construction requires special solutions;

3.0.14. potentially dangerous construction objects - buildings or constructions which on functional purpose, technological production processes, utilization properties are considered as potential source of danger;

3.0.15. the mansard floor - the site located on attic of the building and provided for housing and the non-residential purposes;

3.0.16. temporary structure - located on the earth, provided for short-term use, including for construction, the collapsible structure constructed of light-weight constructions and easily built;

3.0.17. construction and adjusting works - construction or repair, reconstruction or recovery of object as a result of implementation of the works provided in the construction project including finishing and improvement work;

3.0.18. running repair of construction object - periodic accomplishment of repair construction works for the purpose of maintenance of functional performance of object without modification of designs, system or the line of engineering and communication providing;

3.0.19. major repair of construction object - accomplishment based on the corresponding project of works on prolongation of useful life and (or) improvement of the functional performance of construction object performed by replacement and (or) recovery of not load-carrying structures, system and lines of engineering and communication providing including in need of recovery and (or) replacement of separate elements of load-carrying structures suitable;

3.0.20. reconstruction of construction object - accomplishment on the basis of the corresponding project of the works including connected with mounting of lines of engineering and communication providing construction, the commissioning directed to use on new purpose of object or upgrade of functional performance of object, implementation of new technologies or construction of new buildings and constructions;

3.0.21. reconstruction of construction objects - return to initial condition of the object which was past repair by means of carrying out based on the corresponding project of building and construction works;

3.0.22. commissioning - reduction in ready state to operation of processing equipment installed on objects or lines of engineering and communication providing;

3.0.23. the building territory - the parcel of land allocated and marked under construction;

3.0.24. construction site - the parcel of land in the territory of building, necessary for implementation of construction;

3.0.25. the construction site - the parcel of land under construction objects in the territory of building;

3.0.26. regulating documents in the field of town planning and construction - rules on town-planning and construction activities, and also standards, conditions, technical regulations and other technical regulatory legal acts regulating town planning and construction;

3.0.27. the construction project - collection of the technical documentation determined by town-planning and construction documentation and developed for construction (construction, repair, reconstruction, recovery or demolition) specific object;

3.0.28. the estimate - the documents reflecting financial construction costs;

3.0.29. the state control of construction - the activities performed for carrying out construction works according to the project, ensuring reliability of construction objects, observance of requirements of the regulating documents for town planning and construction connected with production of construction materials, products and building constructions;

3.0.30. construction material - the materials which are directly intended for production of construction products, construction products or building constructions;

3.0.31. construction material - the finished goods used in construction produced by industrial method;

3.0.32. building construction - the part of the building or construction which is carrying out certain the bearing, protecting and (or) esthetic functions;

3.0.33. the closest neighbors are owners or users of the parcels of land, adjacent with the territory of building or 20 meters located at distance from the building territory;

3.0.34. neighbors - persons owning the parcel of land in property, lease or use in close proximity to the building territory which legitimate interests are infringed in result of construction;

3.0.35. adjacent walls - the walls which are put up separately on border of the adjacent next parcels of land;

3.0.36. general wall - the wall which is put up on border of two next parcels of land;

3.0.37. system of engineering and communication providing - means, necessary for operation of objects, and the installations intended for ensuring gas supply, heating, communication, electric utility service, water supply and sewerage;

3.0.38. infrastructure - complex of subjects to road and transport, social, cultural and consumer services, engineering and communication providing;

3.0.39. load-carrying structures - the system of designs providing reliability of construction objects (stability and durability);

3.0.40. engineering researches - studying of natural (geological) conditions and factors of technogenic impact for the purpose of rational and safe use of the territories of building and the parcels of land in their limits, and also data collection, necessary for development and reasons for the layout of the territory and designing of construction objects;

3.0.41. examination of construction projects - check of compliance of construction projects to requirements of regulating documents in the field of town planning and construction;

3.0.42. the customer - state bodies, municipalities, and also legal entities or physical persons, the received order for construction (construction, the running or major repair, reconstruction, recovery) or demolition of construction objects, carrying out engineering and surveying works and designing of construction objects;

3.0.43. designer - the legal entity or physical person developing projects of construction objects or their separate parts according to the agreement signed with the customer;

3.0.44. the contractor - the legal entity or physical person which is carrying out construction and engineering and surveying works according to the agreement signed with the customer;

3.0.45. reliability - safety of object and its load-carrying structures from the point of view of stability and durability;

3.0.46. public funds - means of the government budget, means of off-budget funds, the credits obtained based on the state guarantees or the international treaties signed by the state, grants, the foreign help, and also means of off-budget funds of state-financed organizations and other means which are classified as public funds;

3.0.47. the feasibility statement on construction object - the report of the comparative technical and economic calculations which are carried out for determination of the technical solutions connected with asset construction, the estimate and the expected results, and also other indicators;

3.0.48. flight - distance between the central axes of the next load-carrying structures.

Chapter 2. State policy in the field of town-planning and construction activities

Article 4. The purpose and the directions of state policy in the field of town-planning and construction activities

4.1. The purpose of state policy in the field of town-planning and construction activities consists of ensuring social and economic development of the territories and settlements, protection of private interests, prevention of damnification of life, to health, property of people, and also valuable interests of the state or emergence of danger, providing ecological safety and environment protection, protection of monuments of history and culture (further - objects of cultural heritage).

4.2. The main directions of state policy in the field of town-planning and construction activities are:

4.2.1. determination of the directions of development of the territories, ensuring rational use and sustainable development of the territories by means of planning of the territory and part of the territory of the Azerbaijan Republic;

4.2.2. reduction of differences from the point of view of creation in the territory of the Azerbaijan Republic the favorable and healthy circle for accommodation of people, work and rest and gradual elimination of these differences;

4.2.3. determination of the strategy of development for housing stock;

4.2.4. determination of the strategy of development for construction complex, ensuring rational use of natural construction materials;

4.2.5. legal and economic regulation of town-planning and construction activities;

4.2.6. creation and enhancement of system of the regulating documentation in the field of town planning and construction (including also approval of technical regulations for construction);

4.2.7. ensuring environmental protection and ecological safety.

4.3. State policy in the field of town-planning and construction activities is performed by relevant organ of the executive authority.

Article 5. Powers of the state in the field of town-planning and construction activities

5.1. Powers of the state in the field of town-planning and construction activities are:

5.1.1. development and document approval of territorial planning;

5.1.2. control of development of documents of territorial planning and observance of requirements of the mentioned documents;

5.1.3. creation of single system of information support of town-planning and construction activities and establishment of procedure for its application;

5.1.4. provision of construction permit;

5.1.5. licensing of town-planning and construction activities;

5.1.6. organization of certification of professional areas of construction activities, construction materials and products, equipment of construction assignment, machines and mechanisms;

5.1.7. implementation of supervision of construction;

5.1.8. examination of construction projects;

5.1.9. preparation and adoption of regulating documents in the field of town planning and construction;

5.1.10. issue of the permission to operate of construction objects;

5.1.11. ensuring implementation of international treaties in the field of town planning and construction which the Azerbaijan Republic joined;

5.1.12. establishment of criteria and rules of assessment of impact of construction activities on the environment.

5.2. Powers of the state in the field of town-planning and construction activities are performed by relevant organ of the executive authority.

Article 6. Powers of municipalities in the field of town-planning and construction activities

6.0. Powers of municipalities in the field of town-planning and construction activities are:

6.0.1. the organization of territorial planning in the territory of municipality, participation in creation and development of system and infrastructure of social, engineering and communication security of the specified territories;

6.0.2. the organization of implementation of the construction projects built to the territories of municipality by request of municipality;

6.0.3. determination and assignment of the financial resources necessary for development of local infrastructure in connection with carrying out construction works in the territory of municipality;

6.0.4. creation of the database for construction in the municipal territories.

Chapter 3. Basic principles of town-planning and construction activities

Article 7. Basic principles of town-planning and construction activities

7.0. In the Azerbaijan Republic town-planning and construction activities are performed on the basis of the following principles:

7.0.1. providing the social minima connected with conditions for healthy and safe accommodation, work and rest;

7.0.2. safety;

7.0.3. providing ecological safety and environment protection;

7.0.4. ensuring compliance of town-planning documentation;

7.0.5. protection of objects of historical landscape and cultural heritage;

7.0.6. informing public.

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