Dear sirs,
The State Committee on Urban Planning and Architecture in the person of the deputy chairman Dovlathan Dovlathanov, after months of my correspondences with the concerned government agencies, finally, issued a ruling on the application by the Office of Urban Planning and Architecture of the Executive Power of Baku city "Detailed rules for zoning, building types and their scale," approved by the Cabinet of Ministers on February 21, 2014.
A letter dated February 24 N02/06-NK/Ə-05-280 states that "detailed rules for zoning, building types and their scale" cannot be applied to the individual builder of the house. The rules are a normative document that is applied to areas allotted during the development of territorial planning projects (general, general plans.)
The provisions of this instrument are not applied to individual construction projects.
Dovlathanov also sent a copy of this letter to the Baku City Executive Power. This means that the Executive Power has been informed about the illegal actions, that is, the application of the Regulation in the evaluation of building projects presented by citizens individually.
I have previously reported that the talk is about application of paragraph 4.13 "Detailed rules for zoning, building types and their scale" (on the inadmissibility of exceeding one floor area by 20% of the land area.)
In the same way is used the Article 69.4 (intermediate distance to the fence area should be 0.6 parts of the height of the walls of the house,) of the Town Planning & Building Code. This Article is applied to individual developers. However, my latest investigation, a change was made in the Code in March 2013, which is hidden by the Executive Power. The change was reflected in the Code posted on the website of the State Committee for Urban Planning and Architecture. Namely, it is an Article 69.5.2-1, which states that the application of the Article 80 (notification manufacture) an intermediate distance from the wall of the house to the site boundary (fence) may be 0.3 part of the height of the walls of the house. It is noteworthy that in all three publications, previously published on the subject, I noted an intermediate distance of 0.6 (this is a requirement for Urban Planning and Architecture Department of the Executive Power of Baku,) and no public authority denied this information. This means that the Article 69.5.2-1 of the Code is hidden for personal gain.
All these facts are used to extort money from the developer before construction, or denial to prevent their receiving a certificate for the right of ownership for the already built housing; as well s for receiving bribes, but in the larger sizes.
Dovlathanov also noted in the letter that according to the law, control over the preservation of norms of intermediate distances, as well as over all the construction is carried out by the State Agency for Control over Safety in Construction under the Ministry of Emergency Situations.
On March 16 a request was sent to the Minister of Emergency Situations Kamaladdin Heydarov to inform him about the actions of the Ministry of Construction Supervision on individual building. However, there was no answer.
Dovlathanov has once again confirmed that the allocation of 750 hectares of land by the Head of the Executive Power of Baku, Hajibala Abutalibov, to Piralahi district for the construction of a housing estate, as I wrote earlier, it was carried out illegally, bypassing GKGA and Cabinet.
Dear sirs, I ask you to take urgent measures to stop violations of the law by the executive power of Baku in the issuance of building permits, as well as bring the provisions of the Regulations and the Code into operation, or to eliminate to avoid further abuse by officials.
I also urge you to prosecute officials who have used these provisions in the legislation for personal purposes, as well as to prevent the construction in violation of sanitary norms and urban landscape of Baku. I am sure that polls among developers, who have built their homes in violation of the provisions of the Regulations and the Code, will reveal the extent of corruption in this area. I also remind that these issues are reflected in the journalistic articles:
https://turan.az/ext/news/2016/3/free/Want_to_Say/en/52530.htm/007
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