LAW OF THE REPUBLIC OF BELARUS

of July 5, 2004 No. 300-Z

About architectural, town-planning and construction activities in the Republic of Belarus

It is accepted by the House of Representatives on June 8, 2004

Approved by Council of the Republic on June 16, 2004

Chapter 1. General provisions

Article 1. The main terms and their determinations used in this Law

In this Law the following main terms and their determinations are used:

architectural activities – activities for development of the project documentation on construction, reconstruction of construction object, repair and restoration works performed on material historical and cultural values (further if other is not provided, – restoration of object, restoration), major repair, improvement of construction object, demolition, to implementation of designer's service of construction;

the architectural project – the project documentation on construction, reconstruction, restoration, major repair, improvement of construction object including the decision on placement, physical parameters, art and esthetic qualities of construction object, and also on possible negative effects of its environmental impact and determining technical and economic indicators of construction object;

improvement of construction object (further – improvement of object) – set of works, including construction, special, mounting (further – building and construction works), setup, and the actions performed for the purpose of reduction of the territory in the condition suitable for upkeep of buildings, constructions, engineering and transport communications, creating favorable conditions of life activity of the population, forming of full-fledged, esthetically expressive habitat;

construction of construction object (further – construction of object) – set of works, including construction, setup, and actions of which creation of construction object is result;

the state town-planning inventory of the Republic of Belarus (further – the town-planning inventory) – the multi-purpose geographic information system containing the data necessary for implementation of architectural, town-planning and construction activities;

town-planning activities – the activities for town-planning planning, placement of construction objects and building of the territories performed taking into account historical and cultural, natural, ecological and other features of the territories;

town-planning planning – preparation and approval of the state and industry programs, town-planning projects;

the town-planning project (town-planning documentation) – the system of interconnected project documents, including plans of zoning of the territories determining the directions and conditions of town-planning development and use of the territories;

town-planning regulations (regulations of town-planning development and use of the territories) – the requirements to building and use of the territories established by town-planning documentation and (or) registered in the town-planning inventory;

documentation on standard building constructions, products, nodes – system of interconnected project documents on the building constructions, products, nodes of capital structures (buildings, constructions) which are selected from among developed analogs or specially developed for repeated use in construction;

the customer in construction activities (further – the customer) – the legal entity or physical person, including the individual entrepreneur determined according to the legislation, financing construction, reconstruction, restoration, repair, the improvement of object, demolition performing construction activities with involvement of the contractor in construction activities with attraction or without involvement of the engineer (the engineering organization) based on the signed agreement;

the builder in construction activities (further – the builder) – the legal entity or physical person, including the individual entrepreneur determined according to the legislation, financing construction, reconstruction, restoration, repair, the improvement of object, demolition performing construction activities independently with involvement of the engineer (the engineering organization), with attraction or without attraction for accomplishment of separate work types of the contractor in construction activities based on the signed agreement;

zoning of the territories – allocation in case of town-planning planning of territorial zones of certain functional purpose with establishment of regulations of town-planning development and use of the territories;

the engineer (the engineering organization) – the legal entity or the individual entrepreneur involved by the customer, the builder to rendering engineering services in construction according to the procedure and on conditions, stipulated by the legislation and the contract for rendering engineering services;

engineering infrastructure – set of engineering networks, capital structures (buildings, constructions), the isolated rooms and other objects providing giving of resources (water, energy, information and other communications) on objects of consumption and in case of need assignment of the used resources;

major repair of construction object (further – major repair of object) – set of works, including construction, setup, and actions for recovery of the technical, functional and consumer performance of construction object lost in use performed by recovery (strengthening), improvement and (or) replacement of the separate designs, details, the technical equipment of construction object which are carried out including using new materials and technologies;

red lines – the conditional lines provided by town-planning documentation of detailed planning intended for department in settlements of lands public from the territories intended for building or other use;

lines of regulation of building – the conditional lines provided by town-planning documentation of detailed planning intended for department in settlements of the territories within which placement of buildings, from other territories shall be performed;

the mezhselenny territories – the territories which are between settlements outside their borders (line);

inspection – complex of works on collection, processing, systematization and data analysis about technical condition of capital structure (the building, construction), its separate elements, assessment of its technical condition and degree of depreciation, preparation of conclusions about conditions of further operation of capital structure (the building, construction) and about holding necessary actions for ensuring its reliability and durability, including by replacement of its elements;

construction object (further if other is not provided, – object) – one or several capital structures (buildings, constructions), their parts (including the isolated rooms), engineering and transport communications, their parts, other real estate units which construction can include construction queues, start-up complexes;

construction queue – the part of object of basic purpose determined by the project documentation on construction, reconstruction, restoration, major repair, improvement of object which can independently be operated and ensure among other safety of its operation, production, works, rendering services and also can include one or several start-up complexes;

the contractor in construction activities (further – the contractor) – the legal entity or the individual entrepreneur having the right to implementation of architectural, town-planning and construction activities and who signed the construction contract with the customer, the builder, the engineer (the engineering organization) for the purpose of implementation of these activities;

preproject (pre-investment) documentation – set of documents on results of the pre-investment researches preceding acceptance by the investor, customer, builder of the decision on implementation of the investment project, adjustment of investment intention or about refusal of further project implementation;

the project recommended for repeated application – 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 the Ministry of Architecture of the Republic of Belarus for repeated application;

the project documentation on construction, reconstruction, restoration, major repair, improvement of object, demolition (further – the project documentation) – the interconnected project documents forming basis for construction, reconstruction, restoration, repair, improvement of object, demolition and representing the architectural project and (or) the construction project according to the stages of development of the project documentation chosen by the customer, the builder;

production infrastructure – group of buildings, constructions, the engineering and transport communications providing production, storage and sales of goods, performance of works, rendering services;

start-up complex – the part of object determined by the project documentation intended for servicing of part of object of basic purpose which can independently be operated and ensure among other safety of its operation, production, works, rendering services;

developer of the project documentation – the legal entity or the individual entrepreneur involved by the customer, the builder, the contractor to development of the project documentation (designing), implementation of designer's service of construction, accomplishment of other works when implementing architectural, town-planning activities according to the procedure and on the conditions provided by the agreement;

reconstruction of object – set of works, including construction, setup, and the actions directed to use on new purpose of object and (or) connected with change of its main technical and economic indicators and parameters, including with increase in consumer qualities, determined by technical regulatory legal acts, change of quantity and floor area, total structural volume and (or) total area of the building, change of capacity, handling capacity, the direction and (or) the location of engineering, transport communications (replacement of their sites) and constructions on them;

repair of object – set of works, including construction, setup, and the actions for recovery lost in use technical, operational, consumer and to improvement of esthetic qualities of object, elimination of small damages and defects, and also according to the prevention of its depreciation, not belonging to reconstruction of object, carried out including using new materials and technologies;

the repair and restoration works performed on material historical and cultural values – set of the works and actions which are carried out based on the scientific project documentation on immovable material historical and cultural values for the purpose of ensuring their preserving;

republican databank of objects analogs on construction of facilities – the organizational and technical system including the information database containing space-planning, technical and technology solutions, cost and other indicators of construction objects, individual for each object and average for set;

republican fund of the project documentation – the systematized meeting of sets of copies of project documents (the standard projects, projects recommended for repeated application, documentation for standard building constructions, products, nodes, individually developed project documentation);

the head (managing) the project on construction, reconstruction and restoration of object (further – the head (managing) the project) – the specialist appointed by the customer, the builder from number of persons employed, having the competence certificate issued according to the procedure, established by Council of Ministers of the Republic of Belarus;

system of resettlement – purposefully created network of settlements united in whole on the basis of optimization of space, commercial, social and other ties;

the estimate (estimate documentation) – the interconnected documents which are, as a rule, part of the project documentation, representing monetary value of asset construction and (or) queue of construction, start-up complex and determining their cost;

demolition – the release of construction site from the real estate units which are on it and also which were should completed by construction of facilities, performed by dismantle of designs for the purpose of their further use and (or) using the destroying technologies in case of inexpediency or impossibility of their further use;

social infrastructure – group of buildings, constructions of social and household purpose, including buildings and constructions of the organizations of education system, culture, art, physical culture, sport, health care, shopping facilities, objects of public catering, consumer services of the population, housing and communal services and other objects providing life activity of the population;

construction activities (construction) – the activities for construction, reconstruction, repair, restoration, improvement of the object, demolition, preservation which is not completed by asset construction, including accomplishment of organizational and technical actions, including rendering engineering services in construction, preparation of the allowing and project documentation, accomplishment construction, commissioning;

the construction site – the parcel of land with the real estate units which are on it and also should by the objects completed by construction or without them provided in the procedure established by the legislation and intended for implementation of construction activities, or the building, construction, communications, their parts, on (in) which is performed construction;

the construction project – the project documentation providing implementation of solutions of the approved architectural project and (or) technical solutions on object, necessary for accomplishment construction, commissioning, ensuring construction with the equipment, products and materials;

running repair of object – set of works, including construction, setup, and actions for the prevention of depreciation, elimination of small damages and defects, improvement of the esthetic qualities of object which are carried out including using new materials and technologies;

the territory – the limited space having one or several elements of the habitat and intended for implementation of architectural, town-planning and construction activities, including the territories of settlements, the mezhselenny territories and the territories intended for building or other use;

the standard project – the project documentation approved by the republican state body pursuing state policy in the respective sphere, in the procedure established by the legislation for the purpose of repeated use and being basis for development of the project documentation, including the estimate (estimate documentation), on specific object taking into account engineering-geological conditions of construction site, engineering and transport infrastructure, the choice of construction materials, designs and the equipment, requirements of technical regulatory legal acts;

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