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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of January 12, 2015 No. 6

About approval of Rules of determination of compliance of construction projects to planning documents of the territory of implementation of construction (master plans and (or) general plans) for the purpose of issue of construction permit or notifying production in the absence of the detailed plan or the expiration of its term, and also conformance to requirements considered in case of creation of the detailed plan

(as amended on 31-03-2017)

For the purpose of ensuring execution of subitem 1.6.1. The presidential decree of the Azerbaijan Republic of September 4, 2012 No. 695 "About application of the Law of the Azerbaijan Republic "About approval of the Town-planning and construction code of the Azerbaijan Republic, its introduction in force and the legal regulation connected with it" of June 29, 2012 No. 392-IVQ", the Cabinet of Ministers of the Azerbaijan Republic decides:

Approve "Rules of determination of compliance of construction projects to planning documents of the territory of implementation of construction (master plans and (or) general plans) for the purpose of issue of construction permit or notifying production in the absence of the detailed plan or the expiration of its term, and also conformance to requirements considered in case of creation of the detailed plan" (are attached).

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of January 12, 2015 No. 6

Rules of determination of compliance of construction projects to planning documents of the territory of implementation of construction (master plans and (or) general plans) for the purpose of issue of construction permit or notifying production in the absence of the detailed plan or the expiration of its term, and also conformance to requirements considered in case of creation of the detailed plan

1. General provisions

1.1. These rules are constituted for the purpose of providing subitem 1.6.1. The presidential decree of the Azerbaijan Republic of September 4, 2012 No. 695 "About application of the Law of the Azerbaijan Republic "About approval of the Town-planning and construction code of the Azerbaijan Republic, its introduction in force and the legal regulation connected with it" of June 29, 2012 No. 392-IVQ", is also determined by rules of determination of compliance of construction projects to planning documents of the territory of implementation of construction (master plans and (or) general plans) for the purpose of issue of construction permit or notifying production in the absence of the detailed plan or the expiration of its term, and also conformance to requirements considered in case of creation of the detailed plan (further - requirements).

1.2. These rules belong to the construction projects (further - projects) having relations to issue of construction permit or notifying production.

1.3. Establishment of compliance of projects on issue of construction permit is performed based on creation of town-planning reasons, and establishment of compliance of projects to which notifying production belongs is performed according to part of 4 these rules.

1.4. Town-planning reasons are the basis for execution in communication by construction permit.

1.5. In case of establishment of compliance of projects documents of territorial planning of the corresponding territory (master plans and (or) general plans), and also requirements considered in case of creation of the detailed plan are observed.

1.6. Creation of town-planning reasons on the new territories allocated under construction and also in the territory where immovable monuments of cultural heritage are located. For such territories the detailed plan according to the Town-planning and construction code of the Azerbaijan Republic is constituted (further - the Code).

1.7. Administrative production concerning establishment of compliance of projects to requirements is performed according to the procedure and in the terms established by the Law of the Azerbaijan Republic "About administrative production" and the Code.

1.8. For start of the procedure of town-planning reasons on the projects connected with construction permit, the customer submits the documents on construction object provided by articles 75.2.1-75.2.3 of the Code and also the architectural and planning Section of the construction project to local executive body.

1.9. On projects to which informing is applied the customer represents to local executive body the copy of the document certifying its property right, leases or uses of the parcel of land, only the architectural and planning Section consisting of plans of cellars, floors, roofing coverings, cuts and facades and the Section of the master plan of the territory of building of the construction project if he is legal entity, the copy of the statement from the state register of legal entities.

2. Content, structure and development of town-planning reasons

2.1. Construction projects are allowed if they correspond to planning documents of the territory where the construction (with master plans and (or) general plans), and also to the requirements considered in case of creation of the detailed plan in the absence of the detailed plan or the expiration of its term is carried out, and in case of cumulative availability of stated below conditions:

2.1.1 if the construction of the designed object is provided in territory limits where structures are located;

2.1.2. if the object intended for construction corresponds to the available structures by the form of application and to scales.

2.2. Borders of the territory to which town-planning reasons are applied taking into account the territories, adjacent to object, are established by local executive body, concerning conservation zones of the immovable historical and cultural monuments which are under the state protection - in coordination with the Ministry of Culture and tourism of the Azerbaijan Republic.

2.3. Town-planning reasons are carried out by the designer according to the project order, based on the order of local executive body. At the request of the customer who is going to perform construction and based on its independent address, the designer is given the order for accomplishment of town-planning reasons. At the same time the project order is also provided by the customer who is going to perform construction.

2.4. Town-planning reasons are developed with observance of requirements of regulating documents for town planning and construction, in the scale established depending on the sizes of the designed territory on the topographical plan, and in it it is specified following:

2.4.1. territory borders where town-planning reasons are developed;

2.4.2. current status of structures within the territory where town-planning reasons, and the objects which are subject to placement are applied;

2.4.3. borders of the used lands, with indication of assignment;

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