Baku / 26.05.17 / Turan: On May 25, the official media published a law on amendments to the Urban Planning and Construction Code of the Republic of Azerbaijan, signed by the President on May 16. The last amendments were introduced on October 14, 2016. Changes imply the improvement of the procedure for constructing facilities for permitting and notification production. In particular, the authorized body is given 3 days instead of 5 days for familiarization with the applicant's documents.
The Article 75.4 has been supplemented. It provides for executive authorities to give five days to the relevant authorities (until now the opinion in Baku was given by the executive power of the capital) to express an opinion on projects that do not require expertise (apparently it concerns draft notification system projects.) The innovation does not indicate what mean projects that do not require expertise. Earlier, the word expertise was not mentioned here.
Article 3.0.41 regarded it as follows: the examination of construction projects - a check for compliance of the regulatory documents of urban development and construction with construction projects requirements.
A new article 75.4-1 has been introduced. It is confused. It says that the executive power gives or does not give permission for the construction of an object that does not require expertise within 15 working days, taking into account the conclusions of the relevant authorities. This is nonsense. Firstly, this Article contradicts the Article 80 of the Notification Procedure, which does not provide for the permission to construct the objects of the relevant parameters defined in Article 80.1. Article 80.2 categorically states that obtaining permission is not required for erecting objects of notification proceedings. Secondly, if examination is not required, then what does the phrase "conclusion of the relevant bodies" mean.
Article 75.6 requires a response based on the opinion of the relevant authorities on the construction of the permitting system facilities within a month, except in the special cases referred to in Article 90.2
The Artic 75.11 has been added; it provides for the definition of rules for issuing permits for the construction and operation of the facility by the relevant executive authority. This Article is almost tied to Article 75.4-1. This innovation contradicts the spirit of simplifying the procedure for authorizing or notifying construction, because it gives the right to the executive to determine and adopt rules that are advantageous for themselves, which creates the ground for abuse.
Article 80.1 is improved to simplify and facilitate decision-making on the notification system. So, the parameters of height, floors and supporting structures are precisely defined. In this regard, Article 80.1-1, introduced in 2016, was abolished.
From Article 80.4, the deadline for granting a reply by the executive authority for notifying construction was withdrawn: if there is a construction plan, 10 days, in case of its absence, one month. This is due to the introduction of a new article 75.4-1, which now provides for a response of 15 days.
Thus, the period for the response of the executive to the notifying construction increases from 10 to 15 days. As it was mentioned above, this is due to the fact that for examination to other relevant bodies, such as Baku, EMERCOM, etc., 5 days are given. This is another loophole for corruption.
For 2.5 year the Turan agency has been fighting for simplification of notorious construction. Some proposals have been taken into account, but are now being re-emasculated. For example, it was suggested that all issues relating to notification of construction be concentrated in Article 80. It was done, but now:
1. the deadline for response to the developer from there was withdrawn and moved to Article 75, which deals with permitting construction. Thus, there is again confusion.
2. The executive power is again vested with the right to authorize or not allow construction under the notifying system
3. The term of executive response is increased from 10 to 15 days.
4. The GSK concerning part of the notification process is blurred and creates unprecedented conditions for abuse.
5. Previous amendments restricting the executive's ability to abuse have been reduced to nothing.
From innovations will necessary cause unrestrained corruption in the field of the notification production growth. In principle, it did not stop, as evidenced by the latest examples of individual construction in Absheron.
Previous article: http://www.contact.az/ext/news/2017/4/free/Want%20to%20Say/en/61544.htm
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