ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 21, 2017 No. 91

About approval of the Regulations on issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value

For the purpose of realization of part (1) article 29 of the Law No. 163 of July 9, 2010 on permission of accomplishment of construction works (The official monitor of the Republic of Moldova, 2010, Art. No. 155-158, 549), with subsequent changes and amendments, DECIDES: the Government

Approve Regulations on issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value it (is applied).

Approved by the Order of the Government of the Republic of Moldova of February 21, 2017 No. 91

Regulations on issue of the town-planning certificate for designing and permission to construction/demolition for socially useful works of national value

I. General provisions

1. This Provision establishes procedure for permission of project works, construction or demolition of the structures and elements of arrangement proclaimed socially useful works of national value according to Item and) parts (1) article 6 of the Law No. 488-XIV of July 8, 1999 on expropriation for the socially useful purposes.

2. Action of this provision extends on all legal entities and physical person performing business activity, non-profit organizations, including public institutions, and also representations and branches of the companies (organizations) of the nonresidents registered in the Republic of Moldova irrespective of type of activity, pattern of ownership and legal form which request permission to project works, construction or demolition of the structures and elements of arrangement proclaimed according to the law socially useful works of national value.

II. Issue of the town-planning certificate for designing

3. The customer/investor of object concerning which socially useful works of national value were proclaimed represents to the Ministry of Economy and Infrastructure (further – the Ministry) the statement for receipt of the town-planning certificate for designing with appendix of the following documents:

a) the report on technical expertize in case of reconstruction, restoration, change or strengthening of the existing real estate object executed by the certified technical experts;

b) the notarized consent of joint owners of object of the real estate/site whose interests can be directly infringed in process of accomplishment of construction works and during operation of the constructed object;

c) the outline sketch approved with the chief architect of administrative and territorial unit;

d) the outline sketch approved with National council on historical monuments under the Ministry of Culture – in case of implementation of intervention in monuments history, art and architecture or in the building zones included in the List of the monuments of the Republic of Moldova protected by the state;

e) capacity of the provided structure according to requirements of the planned use;

f) the sizes and the areas of the sites which are subject to building according to data of the Real estate register.

4. The ministry within two working days from the date of registration of a statement sends to bodies of local public authority in the territory of which socially useful works of national value, request about development and issue of the coordination containing the following data were proclaimed:

a) site arrangement in limits or outside the settlement;

b) information from documentation on town planning and arrangement of the territory or provisions attached to it which set particular treatment concerning real estate/site object (the protected territories, temporary or permanent bans on construction, the zones announced by zones of public interest, architectural monuments).

5. Bodies of local public authority in the territory of which socially useful works of national value are proclaimed are developed and issue to the ministry within 20 working days coordination according to appendix No. 1 to this Provision with appendix of the following documents:

a) the floor layout plan of object of the real estate/site with indication of its sizes / borders;

b) sanitary conclusion;

c) the conclusion on provision of the parcels of land for placement, designings of objects as a result of participation in work of the commissions on the choice of sites;

d) conclusion of service of rescuers and firefighters.

6. In the absence of documentation on town planning and arrangement of the territory the ministry shall develop due to financing from the government budget by means of the licensed organizations the scheme of arrangement of the building/site and engineering networks which is approved with the chief architect of administrative and territorial unit, by state supervision bodies (the center of preventive medicine, ecological inspection, service of rescuers and firefighters) and is basis for creation and issue of the appropriate town-planning certificate for designing.

7. The scheme of arrangement of the building/site and engineering networks is developed for the new objects planned to construction.

8. Submission of schemes of arrangement for review to the state supervision bodies and organizations specified in Item 6, is assigned to the ministry.

9. The state supervision bodies and organizations specified in Item 6, consider schemes of arrangement and issue free of charge corresponding coordination no more than five working days in time.

10. The ministry within five working days from the date of issue of the corresponding coordination by bodies of local public authority issues to the customer/investor the town-planning certificate for designing which serves as basis for development of the project documentation according to appendix No. 2 to this Provision.

The town-planning certificate for designing is issued free of charge in triplicate for:

a) customer/investor;

b) body of local public authority;

c) archive of the ministry.

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