LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2012 No. 392-IVQ

About approval, entry into force and the corresponding legal regulation of the Town-planning and construction code of the Azerbaijan Republic

Millie Majlis of the Azerbaijan Republic, being guided by Items 11 and 13 of part I of article 94 of the Constitution of the Azerbaijan Republic, decides:

1. Approve the Town-planning and construction code of the Azerbaijan Republic.

2. Following provisions of the Code become effective in time and according to the procedure, provided in this Article:

2.1. the provisions concerning powers of municipalities in the field of town planning and construction, assessment of impact of town-planning and construction activities on the environment - in case of adoption of the relevant laws in connection with the specified questions;

2.2. the provision provided in the first offer of article 11.1 of the Code - in 14 years after the date of entry into force of the Code.

3. Except for the provisions of the Code provided in article 2 of this Law, the Town-planning and construction code becomes effective since January 1, 2013.

4. From the date of entry into force of the Code the Law of the Azerbaijan Republic "About fundamentals of town-planning" is declared invalid (Collection of the legislation of the Azerbaijan Republic, 1999, No. 8, Article 473; 2001, No. 11, Article 676; 2002, No. 5, Article 241; 2007, No. 10, Article 938; 2008, No. 7, Article 602; 2009, No. 5, Article 310, No. 12, Article 948; 2010, No. 4, Article 275).

5. Other regulatory legal acts connected with town-planning and construction activities remain in force in the part which is not contradicting the Code.

6. The documents of territorial planning existing to the introduction of the Code in force keep legal force for the term established in these documents. These documents shall be brought into accord with provisions of Chapter V of the Code from the point of view of the purposes and content, and also shall be announced according to procedure the established this Code. Changes in the existing documents of territorial planning are performed according to the procedure established in Articles 32.1-32. 3, 34.1-34.3 of this Code.

7. Provisions of the Code do not extend to the documents of territorial planning prepared before entry into force of the Code or which are at development stage, but not approved. Customers of documents of territorial planning shall inform in detail on them the public according to this Code and publish on the websites.

8. The land management plans of the parcels of land developed according to the legislation in connection with land reform in the rural zone in nature before entry into force of the Code and approved are equated to detailed plans.

9. The construction permits issued to the introduction of the Code in force are valid within 3 years from the date of the introduction of the Code in force. The production on issue of construction permit begun before entry into force of the Code is performed according to the procedure, provided in articles 75-76 of the Code.

10. Only the provisions provided in Chapters XVI-XVIII of the Code extend to objects of the construction in progress begun to the introduction of the Code in force.

10-1. Is allowed operation of the construction objects constructed without Code conformance to requirements in the cases and procedure established by the body (structure) determined by relevant organ of the executive authority, built till June 1, 2023 however on which the conclusion about conformance to requirements of reliability and safety is provided.

10-2. For the services established by the body (structure) determined by relevant organ of the executive authority, and provided by the body (structure) determined by relevant organ of the executive authority in the field of town-planning and construction activities in connection with issue of the permission to operate of construction objects according to article 10-1 of this Law the payment from the customer is brought. The amount of payment and cases of its application are established by the body (structure) determined by relevant organ of the executive authority.

11. Control of construction of apartment houses, permission to which was issued to the introduction of the Code in force, but to which notifying production is applied, is performed according to article 80.5 of the Code.

12. Expert opinions of rather construction projects which passed the examination before entry into force of the Code and which execution did not begin are valid for the period of action of permission.

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