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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of May 22, 2015 No. 534

About approval of Rules of demolition of construction objects

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to article 95.7 of the Town-planning and construction code of the Azerbaijan Republic I decide:

1. Approve "Rules of demolition of construction objects".

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

2.1. to prepare and provide to three-months time to the President of the Azerbaijan Republic the offers connected with reduction of acts of the President of the Azerbaijan Republic in compliance with this Decree;

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 the President of the Azerbaijan Republic;

2.3. check 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 of the central executive bodies and acts of normative nature in compliance with this Decree and to inform 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 May 22, 2015 No. 534

Rules of demolition of construction objects

1. General provisions

1.1. These rules are constituted according to article 95.7 of the Town-planning and construction code of the Azerbaijan Republic (further - the Code), and under the circumstances provided by the Code regulate the mechanism of demolition of construction objects of incomplete or complete construction or their parts and determine powers of the Ministry of Emergency Situations of the Azerbaijan Republic (further - the Ministry) with respect thereto.

1.2. The purpose of these rules is prevention of the construction works which are carried out with violation of requirements of articles 75 and 80 of the Code, ensuring compliance with the town-planning and construction legislation, regulating documents concerning town planning and construction (further - regulating documents), elimination of violations which can create potential hazard of life, to health and property of the population.

1.3. The ministry performs the powers according to these rules by means of the State supervision agency in the field of construction (further - the Agency) and the Main state building control department of the State agency on supervision in the field of construction (further - Inspection).

1.4. The decision on demolition of the construction object provided by Items 2.1.1 and 2.1.2 of these rules, construction of side walls and which roofs it is not complete is accepted by the Agency based on article 95.2 of the Code.

1.5. According to article 95.5 of the Code if the customer of object does not perform construction asset demolition (except for the circumstances provided in part 5th and Article 6.2 of these rules), demolition is performed from the Agency.

1.6. According to article 10 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 of provisions of these rules are applied to incomplete construction objects which construction began before entry into force of this Code.

2. The bases on demolition of construction objects

2.1. Based on article 95.1 of the Code, object of incomplete or complete construction or its part are subject to demolition under stated below circumstances:

2.1.1. if construction object which construction began after the introduction of the Code in force and being at construction stage or its part are built on the parcel of land, being in the state-owned or municipal property, taken away by the executive authority or municipality not for the purposes of construction;

2.1.2. in case of construction of object without receipt of construction permit in spite of the fact that such permission is required, and in case of non receipt of permission during 1 (one) from the moment of decision about suspension of construction works based on article 92.4.1 of the Code;

2.1.3. in case of establishment of the defects creating safety hazard of both reliability of construction object, and impossibility of elimination of these defects without suspension of other construction works, not elimination within 2 (two) years of the violations provided by the decision on suspension of these construction works passed based on article 92.4.2 of the Code;

2.1.4. in case of work factual determination not according to construction permit, and in case of application of notifying production work not according to the architectural and planning Section of the project, in case of not elimination within 2 (two) years of the violations provided by the decision on suspension of these construction works passed based on article 92.4.3 of the Code;

2.1.5. in case of establishment of the defects creating safety hazard and reliability of construction object and in the presence of possibility of elimination of these defects without suspension of other works, however, in case of not ensuring elimination of the defects revealed during this period and not elimination within 2 (two) years of the violations provided by the decision on suspension of these construction works passed based on article 92.4.4 of the Code;

2.1.6. at own will customer (owner of construction object).

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