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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of November 17, 2014 No. 349

About approval of Rules of implementation of the state construction supervision

(as amended on 07-04-2017)

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to article 97.5 of the Town-planning and construction code of the Azerbaijan Republic I decide:

1. Approve "Rules of implementation of the state construction supervision".

2. To the Cabinet of Ministers of the Azerbaijan Republic:

2.1. in three-months time to provide reduction of acts of the President of the Azerbaijan Republic in compliance with this Decree and to inform on it the President of the Azerbaijan Republic;

2.2. in three-months time to provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic in compliance with this Decree and to inform on it the President of the Azerbaijan Republic;

2.3. keep under control reduction of regulatory legal acts of the central executive bodies in compliance with this Decree and in five-months time to inform the President of the Azerbaijan Republic on execution;

2.4. resolve other issues following from this Decree.

3. To provide to the Ministry of Justice of the Azerbaijan Republic reduction of regulatory legal acts and acts of normative nature of the central executive bodies in compliance with this Decree and to inform on it the Cabinet of Ministers of the Azerbaijan Republic.

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of November 17, 2014 No. 349

Rules of implementation of the state construction supervision

1. General provisions

1.1. These rules are prepared according to article 97.5 of the Town-planning and construction code of the Azerbaijan Republic (further - the Code) and establish the procedure and the mechanism of implementation of the state supervision at all stages of the works on construction or repair, reconstruction or recovery (further - building and construction works) object as a result of performance of works provided in the construction project including finishing work and works on improvement.

1.2. The purpose of the state supervision of construction consists in carrying out building and construction works and works on demolition according to requirements of the legislation, timely identification and elimination of the violations allowed in case of their accomplishment, ensuring reliability (stability and durability) construction objects.

1.3. Except for objects which permission in case of construction is not required according to article 79.1 of the Code these rules extend to all construction objects, including objects of the construction in progress begun before entry into force of article 10 of the Code according to the Law of the Azerbaijan Republic of June 29, 2012 No. 392-IVQ "About approval, entry into force of the Town-planning and construction code of the Azerbaijan Republic and the legal regulation connected with it".

1.4. Irrespective of pattern of ownership all construction objects shall provide easy access on construction objects of the officials exercising the state construction supervision (on objects of particular treatment - after receipt in accordance with the established procedure of permission), creation of the corresponding conditions for implementation of the state supervision, submission of the relevant documents concerning construction, and elimination of the violations revealed in construction according to the procedure and the terms provided in article 92 of the Code.

1.5. Powers on carrying out the state construction supervision are performed by the Ministry of Emergency Situations of the Azerbaijan Republic (further - the Ministry) the State agency of supervision over safety in construction of the Ministry (further - the Agency) and the Main state building control department under the State agency of supervision over safety in construction (further - Inspection).

1.6. The agency and Inspectorate exercise supervision of work on asset demolition according to requirements of regulating documents for technical safety, town planning and construction.

1.7. Requirements of these rules are obligatory for all subjects of construction activities.

2. Organization of the state construction supervision

2.1. Irrespective of pattern of ownership and assignment, the state supervision of the building and construction works which is carried out at all stages of construction of object on which construction permission is required and asset construction to which notifying production is applied is performed by the Agency and Inspectorate.

2.2. Within 3 (three) working days after representation to the customer of the decision on permission and special sign the corresponding local executive body issuing construction permit shall inform on it the Agency for implementation of the state construction supervision concerning this object.

2.3. If in from the date of receipt of the address about intention complaint is not made for construction in connection with notifying production in time, the established by 80.4 article of the Code only to the architectural and planning Sections consisting of plans of cellars, floors, roofs, cuts and facades of the project of construction objects and the master plan of the construction site or in the presence of such claim and its elimination, corresponding local executive body within 3 (three) working days from the date of the expiration of the specified term shall inform Inspectorate on asset construction to which notifying production is applied.

2.4. The state construction supervision (further - construction supervision) is exercised by Inspection according to these rules during the period from the date of provision of information in the Agency on the beginning of building and construction works before full completion of building and construction works and creation according to Item 2.21 of these rules of the act of readiness for operation (concerning building and construction works). In the course of implementation of the state supervision one copy of the documents concerning construction object is stored in Inspection.

2.5. In case of construction of apartment houses which will have no more than 3 floors, height - no more than 12 meters, length of flights - no more than 6 meters and to which notifying production is applied the state supervision is exercised for their construction only to the architectural and planning Sections consisting of plans of cellars, floors, roofs, cuts and facades of the construction project and the master plan of the construction site.

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