ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 13, 2014 No. 187

About the Procedure for the organization and conducting state examination of town-planning documentation

According to article 12 of the Town-planning code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for the organization and conducting state examination of town-planning documentation it (is applied).

2. To committee on architecture and construction under the Government of the Republic of Tajikistan together with the relevant ministries, departments and executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas to take necessary measures for realization of this Procedure.

Approved by the Order of the Government of the Republic of Tajikistan of March 13, 2014, No. 137

Procedure for the organization and conducting state examination of town-planning documentation

1. General provisions

1. The procedure for the organization and conducting state examination of town-planning documentation (further - this Procedure) determines the organization and conducting state examination of town-planning documentation.

2. In this Procedure the following the main ponyatiya: is used.

- the applicant - the physical person and legal entity which addressed to body of state examination of town-planning documentation for conducting state examination of town-planning documentation;

- body of state examination of town-planning documentation (further - body of state examination) management of non-departmental state examination of town-planning documentation of Committee on architecture and construction under the Government of the Republic Tadzhikistai which according to regulatory legal acts has the right to carry out state examination of town-planning documentation;

- standard project documentation - the project documentation of the building, construction or their complexes which received the positive decision of state examination of town-planning documentation and intended for repeated use by binding to specific conditions of construction;

- the conclusion of the state examination result considered town-planning documentation by body of state examination of town-planning documentation it is also issued in type "corresponds" (the positive conclusion) or "does not correspond" (the negative conclusion) and is not the allowing document.

3. The body of state examination performs the following functions:

- state examination of projects of town planning, irrespective of their total cost, sources of financing, patterns of ownership, departmental subordination, executed at the high scientific and technical level taking into account the advanced achievements, economical and rational use of material, fuel and other resources;

- observance of investment policy of the state in development of construction projects;

- consideration together with the interested ministries, departments and the organizations of the technical and economic calculations and reasons on construction of facilities having important state value which construction provides attraction of foreign investments;

- development and implementation of plans for quality control of construction projects;

- prevention of project development of construction which do not meet the requirements of regulations and rules of town planning or cause damage to the rights and interests of citizens protected by the law, to legal entities and the state.

4. The body of state examination shall:

- at the request of the applicant it is non-paid to explain procedure for conducting state examination;

- ensure safety of the documents submitted for state examination;

- take measures for nondisclosure of project decisions and other confidential information which became known during conducting state examination.

5. The body of state examination and its structural divisions has no right to participate in development of architecturally construction and engineering and prospecting projects.

6. State examination of town-planning documentation (further - state examination) is carried out in the following cases:

- in case of reasons for the investments, feasibility statements and calculations of the project documentation intended for construction of facilities;

- for the objects built at the expense of public funds or with their participation, and also built without involvement of public funds, but providing according to the procedure, established by the legislation of the Republic of Tajikistan, share of state-owned property in outputs or the provided services;

- on conformance to requirements of the state regulations of sanitation, ecology, fire and explosive safety, labor protection, stability and reliability of designs, access for disabled people to objects of social, transport and recreational infrastructure, irrespective of sources of financing of construction;

- in case of decision making about conducting state examination by the builder or customer;

- when constructing facilities, built at the expense of own means of the customer (and also with attraction of financial resources of foreign investments), except potentially dangerous and technically difficult objects if the decision on conducting state examination is made by the customer;

7. State examination is not carried out:

- if for construction, reconstruction and major repair of objects according to the Town-planning code of the Republics of Tajikistan preparation of the project documentation of construction permit is not provided;

- concerning project and construction documentation of the capital construction projects which earlier received the positive decision of state examination of the project documentation and applied repeatedly (the standard project documentation) or the modifications of such project documentation which are not affecting constructive and other characteristics of reliability and safety of capital construction projects;

- if the asset construction of capital construction will be performed with use of the standard project documentation or modification of the project documentation, results of engineering researches are subject to state examination;

- individual residential buildings no more than 3 floors high with the cellar and penthouse or without them according to requirements of master plans of the cities and areas, and also auxiliary objects on the land area allocated to individuals;

- reconstruction technically the simple buildings intended for needs of citizens which affirm the decision of local executive body of the government;

- one-storey public buildings and constructions no more than 300 square meters and height no more meters in which simultaneous stay no more than 150 people, except the buildings and constructions which are under construction at the expense of public funds is provided;

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