of May 16, 2013 No. 384
About some questions of reorganization and re-planning, installation on roofs and facades of apartment apartment houses of individual antennas and other designs
Based on articles 5 and 20 of the Housing code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve:
Regulations on conditions and procedure for reorganization and (or) re-planning (are applied);
1-1. Determine that repair construction works:
1-1.1. on glazing of balconies and loggias in apartment apartment houses are not works on reorganization and (or) re-planning, and also reconstruction and are carried out taking into account approved by the structural division of local executive and administrative organ performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit, public institution "Administration of the Chinese-Belarusian industrial park "Great Stone" (further – administration of the park) – concerning the apartment apartment houses located in the territory of the Chinese-Belarusian industrial park "Great Stone", except for the territories of settlements, including Minsk and lands in borders of perspective development of Minsk according to its master plan, gardening partnerships, country cooperatives (further – the industrial park), options of glazing of balconies and loggias. Options of glazing of balconies and loggias (with indication of color, materials and configuration) are placed in places, available to acquaintance, and on the global computer Internet on the official sites of local executive and administrative organs.
When carrying out by the organization performing operation of housing stock and (or) providing housing and communal services works on repair of facade of the apartment house, balconies and loggias the citizen, the legal entity or the individual entrepreneur at the initiative of whom the glazing of balconies and loggias was carried out if necessary shall provide dismantle of elements of glazing for the period of carrying out repair work;
1-1.2. on replacement in apartment apartment houses of fillings window and doorways, to glazing of the balconies and loggias taking to the main streets and the areas which list is determined by local executive and administrative organ, administration of the park if such apartment houses are located in the territory of the industrial park, are not works on reorganization and (or) re-planning, and also reconstruction and are carried out with preserving configuration and color of the existing fillings window and doorways, glazing of balconies and loggias;
1-1.3. on replacement of fillings window and doorways on facades of the apartment houses entered in the State list of historical and cultural values of the Republic of Belarus are carried out taking into account approved by the structural division of local executive and administrative organ performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit, administration of the park if such apartment houses are located in the territory of the industrial park, in coordination with the Ministry of Culture of options of fillings window and doorways on facades of such apartment houses (with indication of color, materials and configuration).
2. Recognize to invalid:
the resolution of Council of Ministers of the Republic of Belarus of December 31, 2006 No. 1805 "About approval of the Regulations on procedure for reorganization and re-planning of premises in apartment apartment houses and Regulations on procedure for reconstruction of the one-apartment, blocked apartment houses and non-residential constructions in the house adjoining territory" (The national register of legal acts of the Republic of Belarus, 2007, No. 15, 5/24535);
subitem 1.51 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 17, 2007 No. 1747 "About change and recognition voided some resolutions of Council of Ministers of the Republic of Belarus concerning the organization of work with citizens" (The national register of legal acts of the Republic of Belarus, 2008, No. 6, 5/26438);
subitem 1.12 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of February 25, 2008 No. 272 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus and recognition voided the separate orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 55, 5/27216);
subitem 2.21 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of August 2, 2008 No. 1103 "About measures for implementation of the Presidential decree of the Republic of Belarus of January 28, 2008 No. 43" (The national register of legal acts of the Republic of Belarus, 2008, No. 188, 5/28107);
subitem 1.8 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of July 23, 2010 No. 1103 "About introduction of amendments to some resolutions of Council of Ministers of the Republic of Belarus concerning the organization of work with citizens" (The national register of legal acts of the Republic of Belarus, 2010, No. 184, 5/32238);
the resolution of Council of Ministers of the Republic of Belarus of October 20, 2010 No. 1526 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of December 31, 2006 No. 1805" (The national register of legal acts of the Republic of Belarus, 2010, No. 253, 5/32693);
subitem 2.1 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of June 1, 2011 No. 687 "About some measures for implementation of the Law of the Republic of Belarus "About entering of amendments and changes into some laws of the Republic of Belarus concerning architectural, town-planning and construction activities" (The national register of legal acts of the Republic of Belarus, 2011, No. 65, 5/33881).
3. To republican state bodies, regional executive committees and the Minsk Gorispolkom to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.
4. Grant the right to the Ministry of Housing and Public Utilities to explain the questions connected using this resolution.
5. This resolution becomes effective after its official publication.
Prime Minister of the Republic of Belarus
M. Myasnikovich
Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 16, 2013 No. 384
1. This Provision determines conditions and procedure for reorganization and (or) re-planning of premises, non-residential premise in the apartment house.
2. For the purposes of this provision the following terms and their determinations are used:
the initiator of reorganization and (or) re-planning (further – the initiator) – the citizen (the owner of residential and (or) non-residential rooms of private housing stock, the employer of premises of the state housing stock), the citizen who is organization member of builders (further – the citizen), and also the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning;
re-planning – change of planning solutions of residential and (or) non-residential rooms in the course of accomplishment of repair construction works;
reorganization – change of engineering systems (dismantle, installation, replacement or transfer of engineering networks, electric, sanitary or other equipment) in residential and (or) non-residential rooms and (or) structural elements in the course of accomplishment of repair construction works;
unauthorized reorganization and (or) re-planning – the reorganization and (or) re-planning made without approval (permission) of the relevant local executive and administrative organ, administration of the park concerning the residential and (or) non-residential premises located in the territory of the industrial park in cases when receipt of such approval (permission) is provided by this Provision.
3. Treat works on reorganization and (or) re-planning:
replacement or transfer of gas supply systems, central heating, rubbish disposal, gas elimination;
the device gidro-, Paro - warm and sound insulation;
changes in the bearing designs;
change of the area, the number of living rooms and utility rooms in the apartment due to disassembly existing and (or) devices of new partitions;
change of the area and the number of rooms in the isolated non-residential premises due to disassembly existing and (or) devices of new partitions;
the device, increase in apertures in not bearing walls and partitions.
Other works are not works on reorganization and (or) re-planning.
4. The reorganization and (or) re-planning are prohibited:
with violation of construction, fire-proof, sanitary and epidemiologic requirements, legislations on culture, architectural, town-planning and construction activities;
leading to decrease in the bearing capability of soil of foundations of the bases, structures of the bases, columns, walls, beams, overlappings, support, roofs, and also violation gidro-, Paro - warm and sound insulation, bio - and fire resistance of the bearing and protecting designs;
involving violation of operating mode of systems dymo-and gas eliminations, and also violation and deterioration in parameters of operation of the technical equipment of the house or certain rooms;
air shafts and channels;
balconies and loggias to the heated rooms;
connected with the device of premises without natural lighting, and also with installation of the partitions getting to window openings;
connected with installation of the additional equipment of central heating, hot water supply and the electrotechnical equipment if it entails exceeding of project settlement engineering loads of one room;
with change of architectural and color scheme of facade of the apartment house;
leading to decrease in operational suitability of structures of the apartment house;
if the apartment house is in accordance with the established procedure acknowledged to the relevant health and technical requirements which are not established for accommodation and is not subject to recovery.
5. No. 506 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 28.06.2018
6. The reorganization and (or) re-planning are made after receipt of approval (permission) district, city (the cities of regional and district subordination) executive committee, local administration of the area in the city (further – local executive and administrative organ), administrations of the park in the location of residential and (or) non-residential rooms.
7. Approval (permission) of local executive and administrative organ, administration of the park in the territory of the industrial park, and also development of the project documentation on reorganization and (or) re-planning (further – the project) is required for carrying out the following works on reorganization and (or) re-planning:
replacement or transfer of gas supply systems, central heating, rubbish disposal, gas elimination;
the device gidro-, Paro - warm and sound insulation;
changes in the bearing designs.
8. Approval (permission) of local executive and administrative organ, administration of the park in the territory of the industrial park without project development is required for carrying out the following works on reorganization and (or) re-planning:
change of the area, the number of living rooms and utility rooms in the apartment due to disassembly existing and (or) devices of new partitions;
change of the area and the number of rooms in the isolated non-residential premises due to disassembly existing and (or) devices of new partitions;
the device, increase in apertures in not bearing walls and partitions.
9. No. 180 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 09.03.2015
10. No. 180 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 09.03.2015
11. No. 180 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 09.03.2015
12. For receipt of approval (permission) to reorganization and (or) re-planning the citizen who initiates reorganization and (or) re-planning submits to local executive and administrative organ, administration of the park in the territory of the industrial park the statement and submits the documents listed in subitem 1.1.21 of Item 1.1 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010.
For receipt of approval (permission) to reorganization and (or) re-planning the legal entity, the individual entrepreneur who initiate reorganization and (or) re-planning submit to local executive and administrative organ, administration of the park in the territory of the industrial park the statement and submit the following documents:
technical data sheet;
plan scheme or list (description) of works on reorganization and (or) re-planning of the room;
the consent of the owner to reorganization and (or) re-planning of the room (if the room is provided according to the lease agreement, free use);
notarially certified written consent of the full age citizens having right of possession and uses of the room, reorganization and (or) re-planning of which are initiated, and participants of common ownership (if the room is in common ownership of two or more persons, and also in case of temporary absence of such citizens and participants);
the consent of the organization of builders in apartment houses of this organization (it is represented the organization member of builders who is not the owner of the room).
Other documents provided in part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures" can be submitted by the interested person.
13. By consideration by local executive and administrative organ, administration of the park in the territory of the industrial park of the statement the initiator in time approved with it shall provide access to residential and (or) non-residential rooms to representatives of the organization performing operation of housing stock and (or) providing housing and communal services and local executive and administrative organ, administration of the park in the territory of the industrial park. By results of survey of residential and (or) non-residential rooms the technical inspection report of residential and (or) non-residential rooms in which data on compliance of the existing layout to technical data sheet on residential and (or) non-residential rooms, and also technical condition of designs and the engineering equipment of these rooms are provided is drawn up. The technical inspection report of residential and (or) non-residential rooms is constituted in any form, signed by the initiator and the authorized officer of the organization performing operation of housing stock and (or) providing housing and communal services and affirms the representative of local executive and administrative organ, administration of the park in the territory of the industrial park.
14. Based on the documents submitted by the initiator and technical inspection reports of residential and (or) non-residential rooms the local executive and administrative organ, administration of the park in the territory of the industrial park no later than one month from the date of filing of application makes the decision on approval (permission) of reorganization and (or) re-planning or on refusal in approval (permission) of reorganization and (or) re-planning with indication of motive of refusal and reports about it to the initiator.
In approval (permission) shall be specified:
initiator;
work types on reorganization and (or) re-planning;
end date and acceptance of the performed works on reorganization and (or) re-planning;
storage conditions of construction materials and procedure for export of their waste;
other requirements provided by technical regulatory legal acts taking into account specific reorganization and (or) re-planning.
15. The bases for refusal in approval (permission) of reorganization and (or) re-planning are:
submission of documents by the initiator which contain false information;
prohibition of reorganization and (or) re-planning according to item 4 of this provision;
emergence of threat of collapse of structures of residential and (or) non-residential rooms as a result of their reorganization and (or) re-planning.
16. The refusal in approval (permission) of reorganization and (or) re-planning can be appealed by the initiator in higher body and (or) in court.
17. For the accomplishment of reorganization and (or) re-planning requiring project development, the initiator after receipt of approval (permission) of local executive and administrative organ signs the works agreement on accomplishment of project works with developer of the project documentation.
The structure, form and content of the project are determined by the Ministry of Housing and Public Utilities and the Ministry of Architecture.
The developer of the project documentation or the initiator approves the project with the structural division of local executive and administrative organ performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit (further – territorial subdivision of architecture and town planning), administration of the park in the territory of the industrial park.
For review the project the citizen who initiates reorganization and (or) re-planning submits to territorial subdivision of architecture and town planning, administration of the park in the territory of the industrial park the statement and submits the documents listed in subitem 1.15.3 of Item 1.15 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens.
For review the project the developer of the project documentation or the legal entity, the individual entrepreneur which initiate reorganization and (or) re-planning submit to territorial subdivision of architecture and town planning, administration of the park in the territory of the industrial park the statement and submit the project documentation on reorganization and (or) re-planning of the room.
Carrying out project appraisal is provided with developer of the project documentation in case in case of reorganization and (or) re-planning changes in the bearing structures of residential and (or) non-residential premises in apartment apartment houses, and also residential and (or) non-residential premises in the blocked apartment houses more than 7 meters high and single-family apartment houses more than 7 meters high are made.
Project appraisal is carried out by the republican unitary enterprise "Glavgosstroyekspertiza" and its affiliated republican unitary enterprises "Gosstroyekspertiza" for areas and Minsk according to territorial arrangement of the apartment house. The conclusion on the project is result of conducting examination. Positive experimental testimony is the basis for approval of the project by the initiator and its application in case of accomplishment of reorganization and (or) re-planning.
The procedure for carrying out project appraisal is established by the State committee on standardization in coordination with the Ministry of Housing and Public Utilities. The procedure for cost determination of carrying out project appraisal is established by the State committee on standardization.
18. The initiator provides implementation of technical supervision of performance of works on reorganization and (or) re-planning, provided by the project.
19. The works on reorganization and (or) re-planning specified in Item 7 of this provision:
can be carried out in the blocked and single-family apartment houses up to 7 meters high by the initiator;
are carried out in the apartment apartment houses and also blocked and single-family apartment houses more than 7 meters high only under construction contracts with the legal entities or individual entrepreneurs having the right to implementation of architectural, town-planning and construction activities (further – the contractor).
20. During reorganization and (or) re-planning in the apartment and blocked apartment houses it is forbidden:
make in the days off and holidays of work on reorganization and (or) re-planning creating noise or vibration and also to begin such works before 9 hours and to finish them after 19 hours in the working days;
encumber and contaminate construction materials and their waste corridors, ladder marches and platforms, passes, emergency exits and other auxiliary rooms of the apartment house;
use passenger elevators for transportation of construction materials and their waste unpacked.
21. In cases of damage by the contractor or initiator to production process of works on reorganization and (or) re-planning of engineering systems of the apartment house, emergence of deformations, cracks and other changes in the bearing and protecting structures of the building such works it is necessary to stop and take immediately measures for non-admission of strengthening of these deformations and changes, and also to inform territorial subdivision of architecture and town planning or the organization performing operation of housing stock and (or) providing housing and communal services (in case of its availability).
The revealed damages and their effects are eliminated at the expense of means of persons which allowed such damages.
If these damages cannot be eliminated without delay, then all works on reorganization and (or) re-planning stop. Contractor and (or) the initiator no later than the first working day following behind day of detection of damage create the commission into which except them the representative of territorial subdivision of architecture and town planning, administration of the park in the territory of the industrial park or the organization performing operation of housing stock and (or) providing housing and communal services, and also if necessary developer of the project documentation and the representative of the organization exercising technical supervision enters. Said commission in two-day time from the date of its creation makes the decision on possibility of further continuation of works on reorganization and (or) re-planning after elimination of damages or makes the offer in local executive and administrative organ on their prohibition and accomplishment of recovery work.
In case of elimination of the reasons which formed the basis for prohibition of works on reorganization and (or) re-planning, the ban can be lifted by local executive and administrative organ, administration of the park.
22. Completion of works on reorganization and (or) re-planning is confirmed by the acceptance act of the performed works on reorganization and (or) re-planning of premises, non-residential premise in the apartment house in the form approved by the Ministry of Architecture.
The inspection and its chairman are appointed by local executive and administrative organ, administration of the park in the territory of the industrial park at least in 30 days prior to acceptance of the performed works on reorganization and (or) re-planning by it. Start and end dates of work of this commission are determined by the initiator taking into account fixed term of acceptance of the performed works on reorganization and (or) re-planning.
The contractor and (or) the initiator or their representatives, and also representatives of the organization performing operation of housing stock and (or) providing housing and communal services, local executive and administrative organ, administration of the park in the territory of the industrial park and if necessary developer of the project documentation and the representative of the organization exercising technical supervision are part of inspection.
The structure of inspection in coordination with other organizations and state supervision bodies can in addition include their representatives.
23. The initiator shall show to the inspection specified in Item 22 this provision, the following documents:
the project developed and approved in accordance with the established procedure *;
construction contract *;
contract for implementation of technical supervision *;
acts for the hidden works *;
the sheet of technical characteristics on the isolated room constituted by the organization for state registration of real estate, the rights to it and transactions with it by results of verification of characteristics of the room in case of accomplishment of its reorganization and (or) re-planning (further – the sheet of technical characteristics on the isolated room). Production of the sheet of technical characteristics on the isolated room is carried out by the order and at the expense of means of the initiator. Presentation by the initiator of the sheet of technical characteristics on the isolated room in case of the works on reorganization and (or) re-planning specified in paragraphs second and third to Item part one 3 this provision is not required.
______________________________
* Are represented if such documents are provided for works on reorganization and (or) re-planning.
24. The acceptance act of the performed works on reorganization and (or) re-planning of premises, the non-residential premise in the apartment house is signed by all members of the inspection specified in Item 22 this provision. This statement is drawn up in five (four) copies, two of which are represented to local executive and administrative organ, administration of the park in the territory of the industrial park, two – to the initiator and one – to the contractor (in case of its availability).
25. The performed works on reorganization and (or) re-planning are not subject to acceptance in cases if they are carried out with departures from the project, the plan scheme or the list (description) of works on reorganization and (or) re-planning and also if they are carried out with violations of requirements of technical regulatory legal acts. Acceptance of such works is possible after elimination of the notes specified in the acceptance act of the performed works on reorganization and (or) re-planning of premises, non-residential premise in the apartment house.
For approval of the acceptance act of the performed works on reorganization and (or) re-planning of premises, non-residential premise in the apartment house the citizen who initiates reorganization and (or) re-planning submits to local executive and administrative organ, administration of the park in the territory of the industrial park the statement and submits the documents listed in subitem 1.1.21-2 of Item 1.1 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens.
The decision of local executive and administrative organ, administration of the park in the territory of the industrial park about approval of the acceptance act of the performed works on reorganization and (or) re-planning of premises, the non-residential premise shall contain data on residential and (or) non-residential rooms in the apartment house (the address, accession number according to data of the single state register of real estate, the rights to it and transactions with it (in the presence), the initiator, date of the acceptance act of the performed works on reorganization and (or) re-planning of premises, non-residential premise in the apartment house, other data in case of need.
26. Creation of technical data sheet on the respective real estate and state registration of change of real estate as a result of reorganization and (or) re-plannings are performed by the organizations for state registration of real estate, the rights to it and transactions with it according to the procedure, established by the legislation on state registration of real estate, the rights to it and transactions with it.
27. Unauthorized reorganization and (or) re-planning are prohibited.
28. The citizen, the legal entity or the individual entrepreneur who performed unauthorized reorganization and (or) re-planning shall receive approval (permission) of local executive and administrative organ, administration of the park in the territory of the industrial park such reorganizations and (or) re-plannings.
Approval (permission) unauthorized reorganizations and (or) re-plannings is issued if the reorganization and (or) re-planning do not influence safety of the operated building and are executed according to requirements of technical regulatory legal acts that is confirmed by the technical conclusion. The technical conclusion is drawn up based on the sheet of technical characteristics on the isolated room by results of general or detailed (in need of) the inspection of building constructions and engineering systems which is carried out in accordance with the established procedure according to technical regulatory legal acts the legal entity or the individual entrepreneur having the right to implementation of this type of activity according to the legislation. Availability of the sheet of technical characteristics on the isolated room in case of the works on reorganization and (or) re-planning specified in paragraphs second and third to Item part one 3 this provision is not required.
Such inspections, and also production of the sheet of technical characteristics on the isolated room are carried out by the order and at the expense of the means of the citizen, legal entity or individual entrepreneur which performed unauthorized reorganization and (or) re-planning.
28-1. For receipt of approval (permission) unauthorized reorganizations and (or) re-plannings the citizen submits to local executive and administrative organ, administration of the park in the territory of the industrial park the statement and submits the documents listed in subitem 1.1.211 of Item 1.1 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens.
For receipt of approval (permission) unauthorized reorganizations and (or) re-plannings the legal entity, the individual entrepreneur submit to local executive and administrative organ, administration of the park in the territory of the industrial park the statement and submit the following documents:
notarially certified written consent of the full age citizens having right of possession and uses of the reorganized and (or) re-planned room, and participants of common ownership (if the room is in common ownership of two or more persons, and also in case of temporary absence of such citizens and participants);
the technical conclusion that the reorganization and (or) re-planning do not influence safety of the operated building and are executed according to requirements of technical regulatory legal acts;
technical data sheet;
the consent of the owner to reorganization and (or) re-planning of the room (if the room is provided according to the lease agreement, free use);
the consent of the organization of builders in apartment houses of this organization (it is represented the organization member of builders who is not the owner of the room).
Other documents provided in part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures" can be submitted by the interested person.
28-2. By consideration by local executive and administrative organ, administration of the park in the territory of the industrial park of the statement the citizen, the legal entity or the individual entrepreneur in time approved with them shall provide access to residential and (or) non-residential rooms to representatives of the organization performing operation of housing stock and (or) providing housing and communal services and local executive and administrative organ, administration of the park in the territory of the industrial park.
By results of survey of residential and (or) non-residential rooms the technical inspection report of residential and (or) non-residential rooms in which data on compliance of the existing layout to the technical conclusion, and also on technical condition of designs and the engineering equipment of these rooms are provided is drawn up. The technical inspection report of residential and (or) non-residential rooms is constituted in any form, signed by the citizen, the legal entity or the individual entrepreneur and the authorized officer of the organization performing operation of housing stock and (or) providing housing and communal services and affirms the representative of local executive and administrative organ, administration of the park in the territory of the industrial park.
28-3. Based on the documents submitted by the citizen, the legal entity or the individual entrepreneur and technical inspection reports of residential and (or) non-residential rooms the local executive and administrative organ, administration of the park in the territory of the industrial park no later than one month from the date of filing of application makes the decision on approval (permission) unauthorized reorganizations and (or) re-plannings or on refusal in approval (permission) unauthorized reorganizations and (or) re-plannings with indication of the bases for refusal established in Item 15 of this provision and reports about it to the citizen, the legal entity or the individual entrepreneur.
The decision of local executive and administrative organ, administration of the park in the territory of the industrial park about approval (permission) unauthorized reorganizations and (or) re-plannings shall contain surname, own name, middle name (if that is available) the citizen, the individual entrepreneur or the name of the legal entity who performed unauthorized reorganization and (or) re-planning, data on residential and (or) non-residential rooms (the address, accession number according to data of the single state register of real estate, the rights to it and transactions with it (in the presence), other data (if necessary).
28-4. Creation of technical data sheet on the respective real estate and state registration of change of real estate as a result of unauthorized reorganization and (or) re-planning are performed by the organizations for state registration of real estate, the rights to it and transactions with it according to the procedure, established by the legislation on state registration of real estate, the rights to it and transactions with it.
29. In case of refusal local executive and administrative organ, administration of the park in the territory of the industrial park in approval (permission) unauthorized reorganizations and (or) re-plannings residential and (or) non-residential rooms in time, established by local executive and administrative organ, administration of the park in the territory of the industrial park, are brought to former state by person which performed unauthorized reorganization and (or) re-planning, or at his expense according to the decision of local executive and administrative organ, administration of the park in the territory of the industrial park.
Recovery work on reduction of residential and (or) non-residential rooms in former, before carrying out unauthorized reorganizations and (or) re-plannings, condition is made according to procedure for production and acceptance of works on the reorganization and (or) re-planning established by this Provision.
30. The citizen, the legal entity or the individual entrepreneur who performed unauthorized reorganization and (or) re-planning bear responsibility according to legal acts.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 16, 2013 No. 384
1. This Provision determines conditions and procedure for installation on roofs and facades of apartment apartment houses of individual antennas and other designs.
2. For the purposes of this provision the following terms and their determinations are used:
individual antennas and other designs – any kinds of the individual antenna equipment including used for acceptance of television programs of land and satellite broadcasting, the equipment used to air conditioning and other designs;
the initiator of installation of individual antennas and other designs (further – the initiator) – the citizen (the owner of residential and (or) non-residential rooms, the employer of premises), the citizen who is organization member of builders (further – the citizen), and also the legal entity or the individual entrepreneur who initiate installation on roofs and facades of apartment apartment houses of individual antennas and other designs;
unauthorized installation of individual antennas and other designs – installation on roofs and facades of apartment apartment houses of individual antennas and other designs, except for designs for drying of linen, made without approval of structural division district, city (the cities of regional and district subordination) executive committee, local administration of the area in the city performing state powers of authority in the field of architectural, town-planning and construction activities in the territory of administrative and territorial unit (further – territorial subdivision of architecture and town planning), administrations of the park.
3. Installation on roofs and facades of apartment apartment houses of individual antennas and other designs (further – installation of individual antennas and other designs), except for designs for drying of linen, is made after receipt of approval of territorial subdivision of architecture and town planning or administration of the park in case the apartment apartment house is located in the territory of the industrial park.
Receipt of approval of territorial subdivision of architecture and town planning, administration of the park on installation of designs for drying of linen is not required. These designs can be established only within internal space of balcony and (or) loggia.
4. For receipt of approval on installation of individual antennas and other designs the citizen who initiates installation of individual antennas and other designs gives to territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, the statement also submits the documents listed in subitem 1.15.1 of Item 1.15 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010.
For receipt of approval on installation of individual antennas and other designs the legal entity, the individual entrepreneur who initiate installation of antennas and other designs give to territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, the statement and submit the following documents:
technical data sheet;
the plan scheme of placement on roof or facade of the apartment house of the individual antenna or other design.
Other documents provided in part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures" can be submitted by the interested person.
5. Based on the documents submitted by the initiator the territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, approves installation of individual antennas and other designs or refuses approval of installation of individual antennas and other designs with indication of motive of refusal and reports about it to the initiator.
Approval (refusal in approval) installations of individual antennas and other designs is constituted in duplicate, one of which goes to the initiator, the second – is stored in territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park.
6. The bases for refusal in approval of installation of individual antennas and other designs are:
submission by the initiator of the documents and (or) data which are not conforming to requirements of the legislation, including false, forgery or invalid documents;
decrease as a result of installation of individual antennas and other designs of suitability of the apartment apartment house to operation and emergence of threat of collapse of its designs;
prohibition by local executive and administrative organ, administration of the park in case the apartment apartment house is located in the territory of the industrial park, installation of individual antennas and other designs on facades of the apartment apartment houses entered in the State list of historical and cultural values of the Republic of Belarus and also on facades of the apartment apartment houses taking to the main streets and the areas which list is determined by local executive and administrative organ administration of the park in case the apartment apartment house is located in the territory of the industrial park.
7. The refusal of territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, in approval of installation of individual antennas and other designs can be appealed by the initiator in higher body, and then in court according to the legislation.
8. Based on the received approval the initiator signs the contract with the legal entity or the individual entrepreneur performing installation of individual antennas and other designs.
9. In case of damage of engineering systems of the apartment apartment house, emergence of deformations, cracks and other changes in the bearing and protecting structures of the apartment apartment house of work on installation of individual antennas and other designs measures for non-admission of strengthening of these deformations and changes stop and taken, and also the organization performing operation of housing stock and (or) providing housing and communal services is without delay informed.
The revealed damages and their effects are eliminated at the expense of means of persons which allowed such damages.
10. The initiator shall:
contain the established individual antennas and other designs in technically serviceable condition and to timely perform works on their repair. Defective individual antennas and other designs are subject to dismantle;
in case of detection in use violations of requirements of the technical regulatory legal acts allowed in case of installation of individual antennas and other designs to take measures for elimination of the revealed violations or to dismantle these antennas and designs.
11. When carrying out by the organization performing operation of housing stock and (or) providing housing and communal services works on repair of roof or facade of the apartment apartment house the initiator (if necessary) shall provide dismantle of individual antennas and other designs for the period of carrying out repair work.
12. Unauthorized installation of individual antennas and other designs is prohibited.
13. The citizen, the legal entity, the individual entrepreneur who performed unauthorized installation of individual antennas and other designs shall receive the corresponding approval.
Approval of unauthorized installation of individual antennas and other designs is issued if there are no bases for refusal in such approval provided in Item 6 of this provision.
14. For receipt of approval of unauthorized installation of individual antennas and other designs the citizen gives to territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, the statement also submits the documents listed in subitem 1.15.1 of Item 1.15 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens.
For receipt of approval of unauthorized installation of individual antennas and other designs the legal entity, the individual entrepreneur give to territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, the statement and submit the following documents:
technical data sheet;
the plan scheme of placement on roof or facade of the apartment house of the individual antenna or other design.
Other documents provided in part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures" can be submitted by the interested person.
15. Based on the documents submitted by the citizen, the legal entity, the individual entrepreneur who performed unauthorized installation of individual antennas and other designs, territorial subdivision of architecture and town planning administration of the park in case the apartment apartment house is located in the territory of the industrial park, no later than 15 days from the date of filing of application approves unauthorized installation of individual antennas and other designs or refuses such approval with indication of motive of refusal.
16. In case of refusal territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, in approval of unauthorized installation of individual antennas and other designs in time, established by territorial subdivision of architecture and town planning, administration of the park in case the apartment apartment house is located in the territory of the industrial park, individual antennas and other designs are dismantled, the roof and facade of the apartment apartment house are brought to former state by person which performed unauthorized installation of individual antennas and other designs, or at his expense.
17. The citizen, the legal entity, the individual entrepreneur who performed unauthorized installation of individual antennas and other designs bear responsibility according to legal acts.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 16, 2013 No. 384
No. 266 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 15.05.2025
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since July 8, 2026 according to Item 3 of the Resolution of Council of Ministers of the Republic of Belarus of April 3, 2026 No. 164