ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 31, 2014 No. 216

About the Procedure of the state control over compliance with law about town planning

According to article 12 of the Town-planning code of the Republic of Tajikistan and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure of the state control over compliance with law about town planning it (is applied).

2. To committee on architecture and construction under the Government of the Republic of Tajikistan together with the relevant ministries and departments, 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.

3. Declare invalid the order of the Government of the Republic of Tajikistan of December 25, 1997 No. 554 "About approval of regulations on bodies of the state construction supervision of the Republic of Tajikistan and about the State building control department of Committee on cases of architecture and construction under the Government of the Republic of Tajikistan".

Approved by the Order of the Government of the Republic of Tajikistan of March 31, 2014, No. 216

Procedure of the state control over compliance with law about town planning

1. General provisions

1. The procedure of the state control over compliance with law about town planning (further - this Procedure) is developed based on requirements of article 12 of the Town-planning code of the Republic of Tajikistan and determines procedure for the state supervision over compliance with law about town planning, the main objectives of the state supervision, system and powers of the state authorized body of supervision in the field of architecture and construction.

2. In this Procedure the following basic concepts are used:

- the state supervision of architecture and construction - complex of actions for implementation of requirements of the law on town planning by state bodies, organizations, companies, and also physical persons for detection, the prevention and elimination of violations of the law in the field of town planning;

- the legislation on town planning - regulatory legal acts in the field of town planning which determine the rights, obligations and responsibility of state bodies, physical persons and legal entities in the field of town planning improves the legal relations connected with town-planning activities;

- authorized state body - component of the state apparatus which according to powers and the established structure of regulatory legal acts performs the state powers in acceptable organizational and legal type;

- subjects of town-planning activities - physical persons and legal entities (customers, developers of town-planning documents, contractors, consumers of objects of town-planning activities) who are engaged in implementation of town-planning activities.

3. Authorized state bodies of supervision of architecture and construction of the Republic of Tajikistan are:

- the state authorized body in the field of architecture and town planning;

- local executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas and city of Dushanbe;

- local executive bodies of the government of the cities, areas, self-government institutions of settlements and villages;

- local authorities of architecture and town planning of the Gorno-Badakhshan Autonomous Region, areas and city of Dushanbe;

- local authorities of architecture and town planning of the cities and areas;

- state body of supervision of architecture and construction.

4. Control and coordination of activities of local authorities of town planning of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas are assigned to Service on the state supervision of architecture and construction of Committee on architecture and construction under the Government of the Republic of Tajikistan.

5. Authorized state bodies of supervision of architecture and construction in the activities are guided by the Constitution of the Republic of Tajikistan, the constitutional laws, codes, the laws of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan regulating the field of town planning.

6. In the cities and areas where state bodies of supervision of architecture and construction are not founded, their functions are performed by local authorities of architecture and town planning of the cities and areas.

7. The state control over compliance with law about town planning is exercised for the purpose of observance of requirements of regulatory legal acts of the Republic of Tajikistan by preparation for construction, development of the project documentation, accomplishment of construction works, acceptance of complete construction object, and also in the course of its operation in warranty period.

8. This Procedure for all subjects of town-planning activities, irrespective of patterns of ownership and subordination, and also for citizens in the territory of the Republic of Tajikistan is obligatory.

9. To objects of the state control activities of subjects of town planning which are engaged in building and construction works, including reconstruction, repair, construction of constructions and complex of other construction works enter.

2. System of the state authorized body exercising supervision in the field of architecture and construction

10. The state supervision in the field of architecture and construction is performed by the following state bodies:

- Committee on architecture and construction under the Government of the Republic of Tajikistan;

- local authorities of architecture and town planning of the Gorno-Badakhshan Autonomous Region, areas, city of Dushanbe, cities and areas;

- Service on the state supervision in the field of architecture and construction;

- state bodies of supervision in the field of architecture and city building and areas.

3. Tasks of state body of supervision in the field of architecture and construction

11. Tasks of state bodies of supervision in the field of architecture and construction are:

- implementation of the state supervision of quality of accomplishment of house construction, except private residential the brownie to 3 floors with the cellar and penthouse, constructions of industrial function, power, transport, agricultural industry, water economy and other types of construction, irrespective of their departmental accessory and patterns of ownership;

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