ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of April 2, 2015 No. 192

About approval of the Procedure for carrying out the ministerial procedures connected with implementation of town-planning activities

According to article 4 of the Town-planning code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for carrying out the ministerial procedures connected with implementation of town-planning activities it (is applied).

2. To the ministries, departments and local executive bodies of the government to bring the regulatory legal acts into accord with this resolution.

3. To committee on architecture and construction under the Government of the Republic of Tajikistan in two-month time to develop and approve regulations and samples of new documents according to this Procedure in the new edition and to provide to the Ministry of Justice of the Republic of Tajikistan for registration.

4. Declare invalid the Order of the Government of the Republic of Tajikistan of May 6, 2009, No. 282 "About measures for implementation of the Presidential decree of the Republic of Tajikistan "About enhancement of the ministerial procedures connected with implementation of construction activities in the Republic of Tajikistan".

Approved by the Order of the Government of the Republic of Tajikistan of April 2, 2015, No. 192

Procedure for carrying out the ministerial procedures connected with implementation of town-planning activities

1. General provisions

1. The procedure for carrying out the ministerial procedures connected with implementation of town-planning activities (further - the Procedure), is developed for the purpose of streamlining of ministerial procedures.

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

- risk management - activities for the prevention of emergency situations and assessment of degree of danger with quantitative and qualitative indexes;

- consent by default - the procedure as a result of which the issued allowing documents are considered again official and recovered if the licensed body for the statement in terms and with conditions, stipulated by the legislation does not make the decision with the notice of the applicant;

- architectural and planning tasks - documentation as a part of the detailed design which consists of summary requirements to architectural planning solutions of construction object, assignment, the main indicators and arrangement of object on the allocated parcel of land, and also compulsory ecological provisions, technical, organizational and other conditions which according to the legislation are provided on designing and construction;

- permission to the beginning of construction works the document confirming the right of legal entities and individual entrepreneurs to implementation of activities and certain actions during fixed terms with obligatory observance of allowing conditions.

3. This Procedure is performed taking into account use of the principles of "risk management", "single window" and "consent by default".

4. The principles of "risk management", "single window" and "consent by default" provide questions of coordination and cooperation of local authorities on architecture and town planning with other authorized bodies, for the purpose of receipt of conditions, approvals and the conclusions, except parcellation and the conducting examination of the project documentation necessary for issue allowing documentation.

5. This Procedure does not extend:

a) on objects culturally - historical heritage, and also on natural monuments which method of operation is determined by the legislation by protection and operation culturally - historical heritage;

b) in the territories in which special state regulation of architectural town-planning and construction activities is effective;

c) on the procedure of delay and temporary suspension incomplete construction of facilities;

d) on objects where process of construction are regulated according to international agreements and the agreement.

2. Main stages of completion of the procedures of accomplishment of project and construction works

6. The procedures connected with implementation of project and construction works consist az of the following stages:

a) the choice and withdrawal of the parcel of land for implementation of construction works according to the procedure, established by the land legislation of the Republic of Tajikistan;

b) architectural and planning tasks;

c) developments of the project documentation;

d) approval of the project documentation;

e) examinations of the project documentation;

e) permissions to the beginning of construction works;

g) acceptance of the constructed objects in operation.

7. Permission to production of construction works is issued in the asked procedure based on the approved project documentation in the reduced amount.

8. Receipt of permission to production of the construction works which are not provided by this Procedure is not required.

3. Issue of architectural and planning tasks

9. For obtaining architecturally - planning design assignments of object, the applicant represents to local body of architecture and town planning the statement in the form established by authorized state body in the field of architecture and town planning.

10. Are enclosed to the application:

a) the supporting document on right to use by the parcel of land (the certificate on right to use by the earth);

b) competent documents and technical data sheet for reconstruction of object;

c) the document certifying powers of the representative of the applicant if on behalf of the applicant his representative addresses;

d) consumer capacities of engineering system of designed project for receipt of specifications.

11. The requirement of provision of other documents, not the stipulated in Item 10 presents About is forbidden.

12. Local authorities of architecture and town planning shall adopt the statement and documents, the stipulated in Item 10 presents About and to issue to the applicant supporting documents about reception of an application and documentation according to the approved sample of the state authorized body in the field of architecture and town planning.

13. Local authorities of architecture and town planning shall within five working days after adoption of the statement and documents, About to send the stipulated in Item 10 presents the copy of the application and the enclosed documents for receipt of specifications on possible connection to engineering networks to the following industries:

a) electric utility service;

b) water utility;

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