State Property Committee Should Not Require Permission of Notification Type to Construct Objects

The Director of the Information Agency Turan Mehman Aliyev sent a letter to Prime Minister Arthur Rasizadeh with a request to take urgent measures to bring the Rules on the Composition of Information on Buildings into the State Register, Presenting This Information and Maintaining Their Registry in line with the Town Planning and Construction Code (TPCC).

The letter notes that “in recent years, various initiatives have been undertaken and implemented at the state level to simplify the procedure for the construction of individual housing. The last such decision was the adoption of amendments to the legislation on notification of proceedings of October 14, 2016, when President Ilham Aliyev signed the law on Amendments to the Town Planning and Construction Code (TPCC), which reduced the period for consideration of the developer's application by the executive from 30 to 10 days. Also, a mandatory requirement was made for Executive Power (EP) to respond in writing to the submitted appeal of the developer, as well as to substantiate the claims to the developer, if any, in writing.

However, when registering the right to built housing, the State Property Committee (SPC) requires the developer to submit a building permit from the EP. At the same time, the SPC refers to the Decision of the Cabinet of Ministers No. 4 of January 12, 2015 Rules on the Composition of Information on Buildings in the State Register, Presenting This Information and the Maintenance of Their Registry, namely, 3.1.1.

The requirement of the Rules is inconsistent with Article 80 of the TPCC Notification Type Production, Which Does Not Require Building Permit. Therefore, taking into account the domination of Law over Rules, it is necessary to remove the contradiction and remove from the paragraph 3.1.1 of the Rules the requirement Copy of Building Permit or note that it does not concern the notification proceedings.”    -0-