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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 14, 2014 No. 26

About measures for enhancement of construction activities

(as amended on 07-04-2020)

For the purpose of enhancement of procedure of architectural, town-planning and construction activities *, and also managements of building sector:

1. Determine that:

1.1. before development of the project documentation on construction, reconstruction and restoration of the construction objects carried according to the classification established by the State committee on standardization to the first - fourth to complexity classes (except for constructions of construction objects on the standard or recommended for repeated application projects **):

customers, builders, if other is not established by the President of the Republic of Belarus, preproject (pre-investment) documentation, including reasons for investments and design assignment in which are determined need, technical capability, environmental impact assessment (in cases, stipulated by the legislation about the state ecological assessment), economic feasibility of implementation of investments into construction, reconstruction and restoration of construction objects, requirements to the parcel of land (in case of construction, reconstruction of objects), versions of space-planning and technology solutions, data on engineering loadings, and also sources and the amounts of financing, calculations for determination of efficiency of implementation of investments, social, ecological and other effects of construction, reconstruction, restoration and operation of construction objects is developed and affirms;

______________________________

* For the purposes of this Decree terms are used in the values determined in the Law of the Republic of Belarus of July 5, 2004 "About architectural, town-planning and construction activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 109, 2/1049).

** For the purposes of this Decree the project recommended for repeated application is understood as the developed project documentation on construction of apartment houses, subjects to welfare, production and household assignment which technical and economic indicators satisfy to standard consumer qualities and social standards, received the positive decision of state examination, not having notes in case of acceptance of object in operation and recommended by republican authority architectural, town-planning and construction activities for repeated application.

the head (managing director) of the project on construction, reconstruction and restoration of construction object from number of persons employed of the corresponding qualification is appointed customers, builders or the engineering organization (engineer), including with observance of requirements of the legislation on purchases is attracted in case of construction proceeding from the planned sources and the amounts of financing provided in preproject (pre-investment) documentation. At the same time since January 1, 2015 the worker can be appointed the head (managing) of the project only in the presence of the certificate confirming its qualification, issued according to the procedure, established by Council of Ministers of the Republic of Belarus authorized by it the organization.

Action of part one of this subitem does not extend to construction, reconstruction of the groups of buildings and constructions (including certain buildings and constructions) intended for providing and servicing of production, procurement, storage and conversion of agricultural products and processing of its waste (further - objects of agricultural purpose), the second or fourth complexity classes economic method legal entities whose core activity are production of agricultural products, fish breeding, provision of services in the field of crop production and livestock production, veterinary, meliorative services and services in servicing of agricultural industry, carrying out scientific research in the field of agricultural industry (further - agricultural organizations).

Preproject (pre-investment) documentation on major repair and improvement of construction objects of the first or fourth of classes of complexity, construction, reconstruction, major repair, restoration and improvement of construction objects of the fifth class of complexity, construction of construction objects on the standard or recommended for repeated application projects, construction, reconstruction of objects of agricultural purpose of the second or fourth of classes of complexity economic method by agricultural organizations is developed and affirms customers, builders in the form of design assignment;

1.2. structure of preproject (pre-investment) documentation for construction objects depending on their functional purpose, procedure for its development and approval by the customer, builder are determined by the Ministry of Architecture;

1.3. the preproject (pre-investment) documentation provided in the paragraph the second part one of subitem 1.1 of this Item is developed for the account:

the means of the republican budget provided on project and prospecting works, means of the local budgets provided on these purposes for the corresponding financial year - when planning implementation of investments into construction, reconstruction and restoration of the construction objects which are completely financed by means according to republican and (or) local budgets and also in construction, reconstruction of apartment houses within the state order according to the Presidential decree of the Republic of Belarus of May 8, 2013 No. 215 "About some measures for enhancement of construction (construction, reconstruction) premises" (The national legal Internet portal of the Republic of Belarus, 14.05. 2013, 1/14257) (further - the state order);

own means of customers, builders - when planning implementation of investments into construction, reconstruction and restoration of the construction objects which are not specified in the paragraph the second to this part.

Development costs of preproject (pre-investment) documentation when planning implementation of investments into construction, reconstruction and restoration of construction objects join in summary estimate calculation of project cost of construction as the costs connected with receipt of basic data. In case of acceptance by the customer, builder by results of development of preproject (pre-investment) documentation of the decision on inexpediency and (or) groundlessness of implementation of investments into construction, reconstruction and restoration of construction objects the specified costs are subject to write-off at the expense of the main source provided on accomplishment of project and prospecting works;

1.4. in case of acceptance by the customer, builder by results of development of preproject (pre-investment) documentation of the decision on feasibility and (or) justification of implementation of investments into construction, reconstruction and restoration of construction objects the preproject (pre-investment) documentation specified in the paragraph the second to part one of subitem 1.1 of this Item can be the basis for carrying out by the customer, the builder in accordance with the established procedure of purchase of processing equipment for the construction object necessary for accounting in case of development of the project documentation on such object (including with the actual delivery of such equipment to construction object according to the signed agreement and the delivery schedule);

1.5. the project documentation on construction object is developed in one or two stages at the choice of the customer, the builder if other is not determined in part four of this subitem by either other legislation or the investment agreement signed with the Republic of Belarus.

In case of single-stage designing the construction project is developed, in case of two-phasic designing - architectural and construction projects.

The decision on development of the project documentation in one or two stages is specified in design assignment.

In case of application when constructing facilities of the standard or recommended for repeated application projects single-stage designing with development of the construction project is performed;

1.6. the project documentation on construction object is developed by the customer, the builder, the project organization (individual entrepreneur) having the certificate of compliance issued according to the procedure, established by Council of Ministers of the Republic of Belarus authorized by it the organization.

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