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TOWN-PLANNING CODE OF THE REPUBLIC OF TAJIKISTAN

of December 28, 2012 No. 933

(as amended on 02-01-2020)

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The relations regulated by this Code

1. This Code establishes bases of the legal, organizational and social relations in the field of town planning, determines the rights, obligations and responsibility of state bodies, physical persons and legal entities of industry and governs the legal relations arising in connection with town-planning activities.

2. Regulations of this Code create basis of town-planning activities, and their observance by public authorities, municipalities of domicile of settlements and villages, physical persons and legal entities surely.

Article 2. Basic concepts

In this Code the following basic concepts are used:

- town planning - the theory and the practice of the layout and building by buildings and constructions of settlements, the mezhselenny territories directed to realization of complex social, construction and technical, architecturally - art, sanitary and hygienic and ecological actions;

- town-planning activities - activities of state bodies, physical persons and legal entities in the field of town-planning development planning of the territories, settlements, determinations of types of use of the parcels of land, productions of construction materials and products, engineering and prospecting works, designings, constructions and reconstruction of buildings and constructions;

- managements (instruction) on town planning - set of statutory rules of building by buildings and constructions of settlements and the territories, amount and types of use of land areas, buildings, constructions and other real estate of settlements and mezhseleniye when implementing town-planning activities;

- the state town-planning inventory - geographic information system about the accounting and preserving town-planning information, accounting of procedure and restrictions entered in documents of town planning for the purpose of accounting and further use in implementation of town-planning, architectural, construction activities and land management;

- town-planning documentation - documentation on town-planning development planning of the territories, settlements, construction of buildings, construction and reconstruction of specific object approved in accordance with the established procedure;

- the project documentation - the documentation containing materials in text form and in the form of cards (schemes) and determining the architectural, functional and technological, constructive and technical conclusions for ensuring capital construction, reconstruction of construction objects, their parts, major repair if in case of its carrying out constructive and other characteristics of reliability and safety of capital construction projects are mentioned;

- zoning - division of the territory on functional purpose in case of town-planning development planning of the territory with determination of types of town-planning use and restrictions for their use;

- functional zone - part of the territory of the settlement where on the basis of real assessment of practical use and forecasting of future development in projects of town planning for each type of activity the procedure and restrictions applied in town-planning activities which then are entered in the town-planning inventory of the territory is established;

- the settlement - certain territory of accommodation of people where it is created social and economic processes, social and demographic structure of the population;

- the mezhselenny territories - the object of town-planning activities located outside borders of settlements between two or more settlements;

- the industry scheme of development of the territory - the town-planning documentation determining the main directions of development of engineering, transport and social infrastructures of industries of economy in the corresponding territory;

- the scheme of the layout of the territory - the town-planning documentation determining zoning of the territory, the main directions of system of realization of resettlement, development of settlements, the industries, agricultural industry, engineering, transport and social infrastructures of interregional, regional and mezhselenny value of the corresponding territory;

- the master plan - the document determining strategic directions of social and economic and territorial development of settlements or certain territory, being the main document of town planning which is prepared for the territories of the cities, other settlements, separate parts of the administrative area and other;

- the master plan of the settlement - the main document of town planning determining the main strategic directions of social and economic and territorial development of certain settlements or the territories and developed for the territories of the cities, other settlements, separate parts of administrative and other areas;

- the general scheme of resettlement in the territory of the Republic of Tajikistan - the town-planning documentation determining main objectives and ways of development of systems of resettlement, environmental management, social and economic development of the territories, engineering, transport and social infrastructures of nation-wide value;

- system of resettlement - the main directions of regulated placement of the population determined by town-planning documentation in the corresponding territory by development existing and creations of new settlements;

- engineering infrastructure - the complex of communication (system) objects and constructions providing delivery for the population of vital resources (energy, communication, water and another);

- transport infrastructure - complex of systems of communications and constructions of urban and suburban transportation, and also the Items of their activities necessary for servicing of the population, movement of loads and people on the city and in residential suburbs;

- the red line - the borders established by town-planning documentation separating the territories of buildings, residential districts and other elements of planning structure streets, squares and prospectuses of settlements;

- lines of regulation of building - the building borders established by town-planning documentation in case of placement of buildings and constructions with space from red lines or from lot lines;

- city and settlement line - the town-planning documentation establishing the external border of lands of the settlement separating them other categories of land fund;

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

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

- accomplishment of construction works - repair, reconstruction, construction of buildings, construction of facilities;

- repair - complex of construction works and organizational and technical actions for elimination of moral and physical wear of the buildings and constructions which are not connected with changes of their main technical and economic indicators;

- capital construction - complex of building and construction works and organizational and technical actions for recovery of buildings and constructions, designs and system of the plumbing system, and also preserving the indicators connected with their use;

- reconstruction - complex of the construction works and organizational and technical actions connected with change of the key technical and economic parameters (quantity, the area and other indicators) of buildings and constructions or their assignment for the purpose of improvement of living conditions, service quality, increase in amount of servicing in them;

- the customer - the investor or person authorized by him for implementation of the investment project or accomplishment of other contract construction work based on the agreement involves on construction works;

- the state selection committee - the advisory body performing general check of readiness of the building, construction (complex) and monitoring test of technical equipment and engineering system of acceptance of the constructed object for commissioning;

- the working commission - the temporary consultative body representing to the state selection committee results of general check of readiness of object;

- examination of town-planning documentation - assessment of conformity of project town-planning documentation to requirements of technical regulations, including sanitary and epidemiologic, environmental requirements, requirements of the state protection of buildings and constructions of historical and cultural value, requirements of fire, industrial, nuclear, radiation safety and results of engineering researches;

- the servitude - limited (burdensome) right to use by someone else's property or the partial restriction of the right of the owner in case of certain relations established by the law;

- major repair - building and construction works for the purpose of recovery of operating ability of worn-out designs or their replacement by rugged and high-quality constructions;

- shoddy constructions (buildings) - the temporary buildings and constructions used on construction site for conducting construction works in the terms of their accomplishment, and also construction without the base having not capital properties which designs are collapsible.

Article 3. Legislation of the Republic of Tajikistan on town-planning activities

The legislation of the Republic of Tajikistan on town planning is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. The basic principles of town-planning activities in the Republic of Tajikistan

1. The legislation of the Republic of Tajikistan is based on the following principles:

- non-admission of repeated regulation and control of town-planning activities in different forms and methods;

- implementation of town-planning activities with observance of regulations and rules of town planning;

- responsibility of bodies of the executive government, self-government institutions of settlements also sat down at providing favorable conditions for life activity of the population of the corresponding territory, at providing settlements with objects of engineering, transport and social infrastructure of recreational, tourist and improving assignment not below the population service level established by town-planning regulations and rules for this type of the settlement, and also subjects to improvement of the territories;

- ensuring sustainable development of the territories on the basis of territorial planning and town-planning zoning;

- respect of the rights and interests of citizens and other subjects of town-planning activities;

- providing to disabled people of conditions for easy access to subjects to social and other assignment;

- implementation of construction on the basis of documents of territorial planning and building;

- providing conditions for participation of citizens and their associations in implementation of town-planning activities by consideration and decision making in this industry;

- implementation of town-planning activities with observance of safety requirements of the territories, technical requirements, requirements of civil defense, providing the prevention of emergency situations of natural and technogenic nature, taking measures to counteraction to acts of terrorism;

- implementation of town-planning activities with observance of requirements of environmental protection, sanitary and epidemiologic and ecological safety taking into account economic, social and other factors;

- implementation of town-planning activities with observance of requirements of preserving objects of cultural heritage and especially protected natural territories;

- responsibility for violation of the legislation on town-planning activities;

- indemnification, the legislation on town-planning activities caused to physical persons and legal entities as a result of violations of requirements, in full;

- risk management when implementing town-planning activities, including, taking into account degree of danger of object to life and health of the person;

- carrying out separate types of the ministerial procedures connected with implementation of town-planning activities for the principle of single window;

- in case of non-presentation by authorized state body in the terms of the affirmative or negative answer connected with implementation of town-planning activities by the relevant authorized state bodies recognition of such action as consent by default established by the legislation of the Republic of Tajikistan on addresses of citizens;

2. The procedure for carrying out the ministerial procedures connected with implementation of town-planning activities taking into account use of the principles of risk management, single window and consent by default, is established by the Government of the Republic of Tajikistan.

Article 5. Town-planning regulations and rules

1. Town-planning regulations and rules are developed and affirm authorized state body in the field of architecture and town planning.

2. Town-planning regulations and rules are the basis for pronouncement of decisions by state bodies concerning the rights of owners and users of real estate, and also the rights of physical persons and legal entities which interests can be infringed when implementing town-planning activities.

3. Enter system of town-planning regulations and rules:

1) State regulating documents:

- technical regulations of the Republic of Tajikistan in the field of construction;

- construction regulations and rules of the Republic of Tajikistan;

- state standards of the Republic of Tajikistan in the field of construction;

- the set of rules of the Republic of Tajikistan on designing and construction;

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